End-user terms of use

End-User Terms of Use

1. DEFINITIONS

“Admin” means a person working for or with End-User, operating End-User’s Platform for its intended purposes while having administrative permissions and obligations regarding End-User’s Platform configuration, maintenance, User management etc. Admins are also Users.

“Agreement” means any verbal or written (typically commercial) agreement(s) between End-User and Provider relating to End-User’s Platform.

“Data” means collectively specific information regarding the personal or material circumstances related to a specific and/or identifiable Data Provider. This includes information like, but not limited to, real name, address, email address, phone number, date of birth, photo(s), video(s), assessment data and/or any other data communicated, registered, delivered or entered by a Data Provider when using End-User’s Platform, its services, products and/or other functionality delivered by Culture Exploit.

“Data Provider” means any entity (typically a candidate or employee) entering or delivering any data (typically by completing an assessment) to End-User’s Platform.

“Culture Exploit” means Culture Exploit AS, Oslo, Norway, Org.nr. 932 871 440.

“End-User” means the legal entity with whom Provider entered the Agreement (typically your employer or the entity your work for or with).

“End-User Platform” means the Platform configured and delivered to End-User by Provider.

“Party” means End-User or Provider, and “Parties” means End-User and Provider.

“Platform” means the Culture Exploit platform found at www.Culture Exploit.com or www.Culture Exploit.app, including all its present and future products, services and functionality. The Platform is exclusively owned by Culture Exploit, and is a “Software as a Service” (SaaS) solution, or Cloud solution, offering the End-User the Culture Exploit platform without the End-User having to install it locally, and with the End-User needing only a browser to access it.

“Provider” is entity delivering the End-User Platform to the End-User per the Agreement with End-User. Provider is an official reseller of the Platform.

“Proxy” is a person or entity (also external to End-User) acting in End-User’s Platform on behalf of End-User; or End-User acting in another entity’s Platform on behalf of that entity.

“End-User Terms of Use” is the most recent version of this document.

“User” is a person or entity working for or with End-User, operating the End-User Platform for its intended purposes (typically a daily user of End-User’s Platform).

“You” are you as Admin, User or Proxy of End-User’s Platform.

Except for contrary provisions, words in a singular form shall include the plural form and vice versa, where such is allowed by the context.

2. THE APPLICATION OF THE END-USER TERMS OF USE

The End-User Terms of Use apply to the End-User and you and sets forth the terms and conditions for any entity using the End-User Platform. End-User has already accepted these End-User Terms of Use when End-User activated the End-User Platform. Thus, you are only accepting them on behalf of yourself.

The End-User Terms of Use complete the clauses of any Agreement between End-User and Provider, and in case of discrepancies or contradictions, these End-User Terms of Use has precedence.

In case no Agreement exists, the End-User Terms of Use still apply.

All Platform products, services, features and functionality may not be available or enabled at the End-User Platform. Thus, some articles in these End-User Terms of Use may not be relevant to End-User and you before/if such products, services, features and functionality are enabled or available within the End-User Platform.

Some articles in the End-User Terms of Use may be specific to the End-User, Admins, Users or Proxys only.

3. DURATION OF THE END-USER TERMS OF USE

These End-User Terms of Use are in force from your first online approval until you are deleted as Admin, User or Proxy of the End-User Platform. You will not be able to enter and use the End-User Platform unless you approve the End-User Terms of Use. If you approve them, you also accept to be legally bound by them.

When you accept the End-User Terms of Use you also accept that the Privacy Policy and other policies (if any) in force, apply to you. Please be aware that the End-User may have internal rules and policies relating to your use of the End-User Platform which you also must comply with.

4. CHANGES TO THE END-USER TERMS OF USE

Culture Exploit reserves the right to change the End-User Terms of Use at any time without notice. If the End-User Terms of Use are changed (typically, but not limited to new or changed Platform features), you are prompted to approve the changed End-User Terms of Use the first time you enter the End-User Platform after the change. You must accept the changed End-User Terms of Use before being able to access the End-User Platform.

The End-User Terms of Use are subject to periodical change at Culture Exploit’s sole discretion. As such changes automatically become an integral part of the Agreement, End-User and/or you are notified whenever such changes are implemented.

If such changes to the End-User Terms of Use are unacceptable to the End-User, the End-User may terminate the Agreement with immediate effect within seven (7) calendar days after receiving notification. In such case, Provider and Culture Exploit are allowed reasonable time to execute the termination, and the End-User accepts not to be reimbursed in any way for inventory, unpaid invoices etc. by Provider or Culture Exploit.

5. MUTUAL ASSURANCES

All End-User personnel using the End-User Platform, including you, must be certified or trained in the Platform per Culture Exploit standards.

End-User’s certified and/or trained personnel have access to support per the Agreement.

All and any aspect of configuring and using the End-User Platform, including who the End-User allows as Admins, Users and Proxys, are the End-User’s entire and sole responsibility. Thus, the End-User confirms that any person or entity using the End-User Platform are doing it with the End-User’s unconditional consent, and at the End-User’s sole discretion and risk.

As most communication and documents are distributed using e-mail, you and the End-User confirms that Provider and Culture Exploit are white-listed in the End-User’s and/or your e-mail system. E-mail communication is considered written communication.

From time to time Culture Exploit may contact you directly by email or other electronic means, primarily for research and survey purposes. Culture Exploit and/or Provider may also contact you for other purposes according to your personal account settings within the End-User Platform.

You may only use the End-User Platform in accordance with the intended purpose of the End-User Platform, and while observing good and common assessment and data practice, and local laws and regulations.

The End-User Platform is only to be used within the End-User’s organisation, and thus must not be resold or in any other way redistributed. However, if the End-User occasionally has a requirement to use the Platform for other purposes, such use is subject to a separate agreement with Provider.

The Platform complies with present EU data protection regulations, and is presently hosted within the EU. In case Culture Exploit changes its IT infrastructure providers (IaaS), the End-User will be notified in writing a minimum of four (4) weeks prior to such change.

Culture Exploit’s at any time present policies are available online or through Provider.

6. POLICIES AND PROCEDURES

The Privacy Policy is available as a link throughout the Platform, and is thus available to you and Data Providers. You are encouraged to read the Privacy Policy. The Privacy Policy and any other policy or procedure are subject to change without notice at Culture Exploit’s sole discretion.

It is the End-User’s responsibility to provide and maintain correct and valid e-mail addresses to enable the End-User Platform, Provider and Culture Exploit are to inform the End-User’s organisation about for example changes to the End-User Terms of Use.

It is your responsibility to keep your personal account within the End-User Platform updated, including email address and country.

7. USING THE END-USER PLATFORM

In case of suspected misuse or misconduct, or at the End-User’s request, Culture Exploit may terminate, suspend, change, or restrict your or any other entity’s access to all or part of the End-User Platform; without notice or any kind of liability.

Instructions and guides to the End-User Platform functionality are available at the End-User Platform, or through Provider.

All aspects of configuring the End-User Platform, hereunder but not limited to security settings, Credits management, Proxy settings etc. according to the End-User’s standards and policies, are the sole responsibility of the End-User. Thus, you understand and accept that your usage of the End-User Platform, and the results generated or delivered by it, is at your and the End-User’s sole and own risk.

8. PURCHASING

All purchase orders are binding. Thus, any purchase performed by you is binding for the End-User.

If the payment terms in the Agreement are not met by the End-User, or if the End-User is in default or breech of the Agreement, Provider reserves the right to reject an order, and/or to demand payment before delivery. Furthermore, Provider has the right to have any unpaid products, services, Credits etc. withdrawn or disabled from the End-User Platform by Culture Exploit.

Prices are subject to change with a three (3) months’ prior written notice from Provider or Culture Exploit.

9. PROXY

A Proxy is a person or entity approved by the End-User to act on behalf of specific Admins and/or Users. Proxys are typically assigned for support or backup purposes, and the End-User understands and accepts that a Proxy acts unlimited, and unconditionally on behalf of End-User, and with the same permissions etc. granted to the Admins and/or Users it is approved to proxy for.

End-User and you understand and accept that any action performed in End-User’s Platform by a Proxy on behalf of you, are undisputable regarded as actions performed by you.

If you act as a Proxy for other Admins or Users within the End-User Platform, or within any other Platform, you accept to act in compliance with the Admin or User whom you are acting for, and to execute your proxy task ethically sound, and in accordance with local laws and regulations.

End-User and you understand and accept that the use of Proxy is decided by, and used solely at the risk of the End-User. Any action performed in the End-User Platform by Proxy is indisputably regarded as an action performed by the End-User’s own Admins and/or Users.

End-User and you understand and accept that any usage of the End-User Platform is at the End-User’s and your sole and own risk, and that the Provider and/or Culture Exploit has no kind of direct or indirect liability in relation to your or any other entity’s use of the End-User Platform, or the results generated or delivered by it. End-User and you accept to comply with the provisions of applicable data protection laws. Thus, for example, unless approved by Data Provider or requested by a court of law, End-User and you are not allowed to disclose the Data Provider’s Data to a third party.

10. END-USER PLATFORM CONFIGURATION AND SETTINGS

At the End-User’s sole discretion and risk, you may have permissions to configure and manage settings of the End-User Platform. The entire configuration of the End-User Platform and its Admins, Users and Proxys are at the End-User’s own discretion and risk.

When using the End-User Platform, actions performed by you and any other entity are subject to tracking for documentation purposes.

In case the End-User or you experience or suspect a security breach, you are obliged to inform Culture Exploit by e-mailing datamanager@cultureexploit.com.

11. DATA AVAILABILITY AND USAGE

Data belongs to the Data Provider (typically a candidate or an employee), and if the Data Provider requests to have Data archived or anonymised, such Data is no longer available to the End-User.

Data is available in the End-User Platform after it has been provided or entered by the Data Provider.

If a Data Provider requests to have Data archived or anonymised, thus making the Data unavailable to the End-User, the End-User is not in any way reimbursed for such Data, or loss of opportunity etc.

Culture Exploit is not responsible for the validity/correctness of Data and/or any other information provided by Data Providers, or that such Data and/or information are suitable for the End-User’s specific purpose.

You understand and accept, that Data is only to be used for the intended purposes of the End-User Platform, and that such Data must be handled and used in accordance with good and common practise, and local laws and regulations.

The collected Data is paid for by the End-User at the time Data is accessed or used no matter by whom, how, how much, when, and for what purpose. Data is only paid for once.

Some functionality in the End-User Platform accesses or uses Data from many Data Providers, and using such functionality will institute payment for all Data accessed or used.

Paid Data which is not used or accessed by the End-User for twenty-four (24) consecutive months may be subject to archiving, anonymization or deletion by Culture Exploit without further notice, and without any kind of reimbursement of, or liability towards the End-User.

Unpaid Data which is not used or accessed (paid) by the End-User within six (6) consecutive months after it was Provided by the Data Provider may be subject to archiving, anonymization or deletion by Culture Exploit without further notice, and without any kind of reimbursement of, or liability towards the End-User.

Any paid and unpaid Data subject to archiving or anonymization belongs to Culture Exploit.

At Culture Exploit’s sole discretion and terms, the End-User may be given access to Data owned by Culture Exploit.

Culture Exploit has the right to use any Data provided by any Data Provider for research and development purposes.

Provider and Culture Exploit cannot guarantee the permanent availability of the End-User Platform, and all its products, services and functionality. Failure, interruption or Data loss shall not constitute any ground for Client to claim immediate termination of the Agreement, and/or any kind of compensation from Provider or Culture Exploit.

If the Agreement is terminated, no matter the reason, Provider and Culture Exploit maintains the End-User Platform and all its Data for a period of six (6) months after the Agreement is terminated. During this period, the End-User can export specific data using any standard functionality provided by the End-User Platform.

In case the Agreement is in default, Provider may terminate all agreements giving a minimum thirty (30) days’ written notice. In the event the Agreement is terminated, the End-User maintains full access to the End-User Platform for a period of four (4) weeks after the termination.

End-User understands and accepts that once the End-User Platform is closed, all products, services, functionality, data, access/logins etc. are no longer available, and/or no longer belong to the End-User. Thus, all access is closed without any kind of direct or indirect liability or refund fees, already issued invoices etc.

In case Culture Exploit is declared bankrupt, or Culture Exploit suspends its payments, End-User in principle maintains access to Data for six (6) months. However, as the End-User Platform in such case may be operated, supported and made available at the sole discretion of a liquidator, Provider and Culture Exploit cannot guarantee accessibility.

12. PARENT AND CHILD ACCOUNTS

End-User can create child accounts (sub-accounts) to the parent End-User Platform account. A sub-account parent can create a sub-account child.

Each child account has its own Admins, Users and Proxys.

The End-User Terms of Use also applies to child accounts.

13. TRADEMARKS, COPYRIGHT, TRADE SECRETS, CONFIDENTIALITY ETC.

End-User and you have no right in any way to duplicate or in any way copy the Platform, including the End-User Platform, or systems, products, services, materials etc. belonging under the common designation Copyrighted Materials. Neither can the End-User or you allow others to do so. Trademarks, copyrights, and trade secrets regarding any Culture Exploit or Provider systems, products and services etc. are, and remain the sole and exclusive right of Culture Exploit or Provider. It has been expressly agreed upon that no right to use the copyright or trade secrets of Culture Exploit or Provider can be given out or handed over to the End-User or you.

It is agreed upon that trade secrets and similar matters which may become known to Provider and/or Culture Exploit through collaboration with the End-User and you, are confidential.

14. MISCELLANEOUS

Even though the End-User Platform may facilitate for example, but not limited to, establishing contact to Data Providers and/or others, Provider and Culture Exploit do not in any way guarantee that such contacts are established, nor that they will lead to the expected results (e.g. hiring a Data Provider).

Information about the physical location(s) of data and backups are available to the End-User on request.

15. CULTURE EXPLOIT, LIABILITY AND DISAGREEMENT

Provider and Culture Exploit does not accept liability for any indirect loss or damage as well as any direct or indirect liability in connection with the End-User’s or your usage of the End-User Platform, and its results and deliveries.

The Parties and you irrevocably agree that any dispute which initially or subsequently may implicate Culture Exploit, shall be settled by the Court of Oslo, Norway, in compliance with the Rules of arbitration procedure of the Court of International Commercial Arbitration in force, which the Parties and Culture Exploit declare to recognize and accept. Rulings are final and in-appealable.

16. QUESTIONS OR COMPLAINTS

If you have any comments, complaints, concerns or questions concerning these End-User Terms of Use, please direct your enquiry to datamanager@cultureexploit.com

Contact

If you have any questions regarding this policy, or your dealings with our website, please contact us here:

Culture Exploit AS Gaustadalléen 21, Startup Lab - 0349 Oslo