PYMETRICS
TERMS OF SERVICE
Last
Updated: May 20, 2019
1.
INTRODUCTION
Each time you access or use pymetrics, Inc.’s (“Pymetrics”) online
and/or mobile services and websites (collectively, the “Site”), including,
without limitation, pymetrics.com, any Pymetrics- mobile application, and any
software provided by Pymetrics in connection with such services or websites, you: (a) represent
that you have read, understood, and
agree to the Pymetrics Privacy Policy; and (b) agree to the terms and conditions of this End
User Agreement (“Agreement”) with
Pymetrics.
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.
If you allow a third party app or site such as Facebook or
LinkedIn to authenticate you or pre-populate your Profile Information during the
Account registration process, then such third party app or site has its own
legal terms and privacy policy, and you may be granting others permission to
use your Profile Information in ways we would not. Pymetrics is not responsible for these other apps
and sites.
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
Pymetrics has no obligation to store,
maintain, or provide you with a copy of any information or data that you previously
provided on the Site, except to the extent required by applicable law and as
noted in our Privacy Policy.
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.
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 Candidate Data for any purpose
whatsoever, without any further consent, notice, and/or compensation to you or
others, subject to applicable law and our Privacy Policy.
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.