PYMETRICS END USER AGREEMENT
Last Updated: May 20, 2019
For purposes of this Agreement, Any references to “we,” “our,” or “us” shall mean Pymetrics.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The Last Updated legend at the top of this Agreement indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site.
2. THE PYMETRICS SERVICES
2.1 Account Registration
In order to access or use certain services and features of the Site, you may be required to create and register a user account (“Account”) on the Site. When creating and registering your Account, you may be asked to enter or confirm certain personal and professional information, including, but not limited to, your name, email address, level of education, degree type, school, graduation year, employment history, and demographic information (individually, “Profile Fields,” and collectively, “Profile Information”). Some Profile Fields will be mandatory and some voluntary. You will also be required to provide a password for your Account.
When creating and registering an Account, you agree to:
(a) Provide true, accurate, current, and complete Profile Information about yourself as prompted by the Site’s registration form;
(b) Use your real name and email address when entering your Profile Information;
(c) Choose a strong and secure password;
(d) Be responsible for the confidentiality and use of your password;
(e) Not transfer or resell your use of or access to the Site to any third party; and
(f) Not create more than one Account.
Please note that any third party with whom you have shared your email and password may receive access to information regarding your Account. Pymetrics is not responsible and disclaims any liability if your email is used improperly or falsely by a third party. If you attempt to enter Profile Information (including an email address) that is not true, accurate, current, or complete, we reserve the right to cancel your registration and terminate your Account, which may affect your eligibility to be assessed by Pymetrics for up to 12 months.
2.2 Pymetrics Games
After creating and registering your Account, you will be able to play a set of online neuroscience-based games (the “Games”) on the Site. You agree that Pymetrics has the right to collect and retain your Gameplay Data when you play each of the Games. “Gameplay Data” refers to information and data collected from your behavior and actions in the course of playing the Games, including, without limitation, metadata about your real-time user interaction with the Games.
You acknowledge and understand that:
(a) You are only allowed to play each of the Games once in any 12-month period;
(b) Once you start or complete the Games, your Gameplay Data and Trait Profile (defined below) cannot be reset, deleted, or overridden for a period of 12 months;
(c) Our Site will prevent you from accessing or playing the Games again if you attempt to play the Games more than once in a 12-month period; and
(d) Once the 12-month period is over, you will have the option to either replay the Games or continue using your previous Gameplay Data and Trait Profile.
Accordingly, you agree that you will:
(a) Take the Games seriously and play the Games attentively;
(b) Carefully read the instructions before commencing each of the Games;
(c) NOT stop a Game halfway through, or purposely end gameplay to repeat a particular Game;
(d) NOT attempt to play any Game more than once in a 12-month period, either through your original Account or through the creation of an additional Account; and
(e) NOT attempt to delete your Gameplay Data or Trait Profile for a period of 12 months after completing the Games.
Prior to starting the Games, you may be asked to provide or confirm your native language and whether you wish to play a version of our Games modified for color blindness, Attention Deficit Hyperactivity Disorder (“ADHD”), or dyslexia. Your answers to such questions will be part of your “Private Information” and will not be shared with any recruiters, employers, or other third parties.
When prompted to provide Private Information, you agree that the responses you provide will be true and accurate.
2.3 Pymetrics Trait Profile
After your completion of all the set of Games, the Site will review your Gameplay Data and generate your specific “Trait Profile,” which contains the Site’s assessment and description of your cognitive, social, and personality traits.
You understand and acknowledge that all or parts of your Profile Information and Trait Profile may be visible to third party recruiters or employers if you select Public or Limited in the Privacy Settings tab on your Account profile, and that such third party recruiters or employers may subsequently send messages, including job solicitations, to you through the Site or through the email address in your Profile Information.
Notwithstanding the foregoing:
(a) If you were requested to visit the Site, create an Account (or to sign into your existing Account), or play the Games (or to use your prior Gameplay Data) by your current employer, then all or parts of your Profile Information and Trait Profile may be visible to your current employer, regardless of the Privacy Settings you select; and
(b) If you were requested to visit the Site, create an Account (or to sign into your existing Account), and play the Games (or to use your prior Gameplay Data) as part of the job application process for a specific employer, then all or parts of your Profile Information and Trait Profile may be visible to that specific employer, regardless of the Privacy Settings you select.
2.4 Job Listings
Under the Jobs section of the Site, Pymetrics may make available or suggest certain job listings (“Job Listings”) from third party employers (“Prospective Employers”). You acknowledge and understand that:
(a) Job Listings are created and provided by Prospective Employers over whom Pymetrics exercises no control;
(b) Pymetrics does not have any obligation to screen any Job Listing, or to include any Job Listing in its results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason;
(c) Pymetrics cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any Prospective Employer, including the identity of such employer; and
(d) Pymetrics assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing.
In addition, when you indicate your interest in a specific Job Listing by clicking on the corresponding “Apply” button, you will leave Pymetrics’ Site and be redirected to another website on the Internet which is owned and/or operated by third parties (“External Site”). Pymetrics makes no representations nor has any supervision or control over the quality, content, reliability, or security of such External Sites. You acknowledge that Pymetrics is not liable or responsible for any information or data that you provide to these External Sites, and disclaim all liability from anything that may occur when you access and use such External Sites.
2.5 Storage of Information
2.6 Use of Site by Minors
The Site is not intended for use by anyone under the age of 18 years old (“Minimum Age”). However, if applicable law requires that you must be older in order for Pymetrics to lawfully provide the features or services of the Site to you without parental consent, then the Minimum Age is such older age.
2.7 Site Restrictions
Pymetrics reserves the right to limit your access and use of the Site at our discretion. Pymetrics reserves the right to restrict, suspend, or terminate your Account if we believe that you may be in breach of this Agreement or law or are otherwise misusing the Site (e.g. violating any the Site Rules).
2.8 Suspected Fraud or Anomalous Activity
Pymetrics reserves the right to use a variety of methods to detect and block any fraudulent or anomalous activity and to screen Accounts to prevent abuses such as fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you consent to Pymetrics enforcing these rules or attempting to prevent fraudulent or anomalous activity, which may result in a temporary or permanent suspension or termination of your Account or use of certain functions of the Site. Pymetrics shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
3. SITE RULES
When accessing and using the Site, you agree that you shall NOT:
(a) Act in an unlawful or unprofessional manner;
(b) Create an Account using a false identity or the identity of another individual;
(c) Misrepresent any personal, education, or professional information when entering your Profile Information;
(d) Provide any false or inaccurate response if responding to a question regarding Private Information;
(e) Create multiple Accounts;
(f) Use or attempt to use another individual’s Account;
(g) Attempt to play the Games more than once in a period of 12 months;
(h) Attempt to delete or reset your Gameplay Data or Trait Profile for a period of 12 months after playing the Games;
(i) Use, disclose, or distribute any data obtained in violation of this Agreement;
(j) Violate the intellectual property or other rights of Pymetrics, including, without limitation: (i) copying or distributing the software or technology related to our Site; and (ii) using the word “Pymetrics” or our logos in any business name, email, or URL;
(k) Modify, adapt, translate, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology and software;
(l) Sell, sponsor, or otherwise monetize access to the Site or its services;
(m) Sell, trade, resell, transfer, or otherwise exploit for any unauthorized commercial purpose any Account;
(n) Use bots or other automated methods to access the Site;
(o) Monitor the Site’s availability, performance, or functionality for any competitive purpose;
(p) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
(q) Overlay or otherwise modify the Site or its appearance;
(r) Remove any copyright, trademark, or other proprietary rights notices contained in or on the Site;
(s) Use features or services of the Site for any purpose other than the original intended purpose;
(t) Override or attempt to override any security feature of the Site;
(u) Engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site);
(v) Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other harmful code or items of a destructive or deceptive nature to the Site;
(w) Use any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling);
(x) Interfere with the operation of, or place an unreasonable load on, the Site; and
(y) Bypass any limitations of the Site or suspensions of functionality.
4. LICENSE TO CANDIDATE DATA AND USER FEEDBACK
4.1 License to Candidate Data
You are the sole owner of all information and data that you enter, submit, input, and/or provide in the course of accessing and using the Site (“Candidate Data”), including, without limitation, your Profile Information, Private Information, and Gameplay Data.
4.2 License to User Feedback
At your discretion, you may provide feedback, suggestions, and related materials to Pymetrics concerning the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“User Feedback”).
If you provide any User Feedback to Pymetrics, you hereby grant Pymetrics and our affiliates the following non-exclusive license: A worldwide, transferable, perpetual, royalty-free, and sublicensable right to make, use, copy, reproduce, modify, distribute, publish, display, process, prepare derivative works from, and otherwise use your User Feedback for any purpose whatsoever, without any further consent, notice, and/or compensation to you or others.
By providing any User Feedback, you agree that your provision of such User Feedback is gratuitous, unsolicited, and without restriction, and will not place Pymetrics under any fiduciary, confidentiality, or other obligation, and that we are free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any User Feedback, Pymetrics does not waive any rights to use similar or related ideas previously known to Pymetrics, or developed by our employees, or obtained from sources other than you.
5. INTELLECTUAL PROPERTY RIGHTS
You understand and acknowledge that Pymetrics owns all right, title, and interest to the Site and all proprietary rights associated therewith. Pymetrics reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
6.2 Limitation of Liability
TO THE EXTENT PERMITTED UNDER LAW, PYMETRICS AND OUR AFFILIATES (AND THOSE THAT PYMETRICS WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF PYMETRICS OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE. UNDER NO CIRCUMSTANCES SHALL PYMETRICS OR OUR AFFILIATES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE.
IN NO EVENT SHALL THE LIABILITY OF PYMETRICS AND ITS AFFILIATES (AND THOSE THAT PYMETRICS WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS USD $100.
Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
7. GOVERNING LAW AND DISPUTE RESOLUTION
You agree that the laws of the State of New York, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Site. You agree that all of these claims can only be litigated in the federal or state courts in New York County, New York, USA, and you agree to personal jurisdiction in those courts. You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and/or the Site.
8. CLASS ACTION WAIVER
By accessing and using the Site, and in return for the services offered by the Site, you acknowledge that Pymetrics can only offer you these services under the terms and conditions as presented in this Agreement. As partial consideration for your access and use of the Site and these services, you agree not to sue Pymetrics as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Pymetrics regarding your access or use of the Site. Additionally, your access and use of the Site is at no charge and you acknowledge that part of the price you are paying to access and use this Site is your acceptance of these terms and conditions, including this Class Action Waiver. If you do not agree to any part of these terms and conditions, do not continue your access or use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to forum requirements Section 7 above.
9. PYMETRICS APP
By using any Pymetrics mobile application (“App”), you agree that all of the terms and conditions found herein apply to your use of the App. Additionally, you agree that the App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. You further acknowledge that your use of the App may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the App, and Pymetrics disclaims all responsibility for such data usage. In addition, if you allow the App to utilize location services, the App may suggest to you and collect from you certain information based on your geographic location.
10. GENERAL TERMS
This Agreement, together with any amendments and any additional agreements you may enter into with Pymetrics in connection with the Site, shall constitute the entire agreement between you and Pymetrics concerning the Site. This Agreement shall supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of Pymetrics. For the avoidance of doubt, email or phone communication between you and an Pymetrics representative shall not constitute an amendment or alteration of this Agreement.
If Pymetrics doesn’t act to enforce a breach of this Agreement, that does not mean that Pymetrics has waived its right to enforce this Agreement. You agree that Pymetrics may assign this Agreement to our affiliates or a party that buys it without your consent.
To the extent allowed by law, the English language version of this Agreement is binding and other translations are for convenience only.