TERMS OF USE
WITH VALIDITY FROM 2018-01-01
In these Terms of Use (the 'Terms of Use'), the terms defined below shall have the following meanings:
EMPLOYER SOLUTIONS NORDIC AB, a Swedish limited liability company with organisation number org. no. 559003-5878.
The person or legal entity that wishes to enter into, or who has entered into, the Agreement with Employer Solutions in accordance with these Terms of Use.
The natural person who, in cases where the Customer enters into the Agreement through a representative or agent, enters into the Agreement or otherwise acts on behalf of the Customer.
Agreement entered into between Employer Solutions and the Customer in accordance with clause 2.1 of these Terms of Use regarding the purchase of the Service with contractual content according to these Terms of Use.
Employer Solutions' commitment to provide knowledge tests in accordance with clause 4 of these Terms of Use with the limitations otherwise resulting from these Terms of Use.
The person who conducts the knowledge tests within the framework of the Service.
www.eproved.org
2. CONCLUSION OF THE AGREEMENT
2.1 The Agreement is entered into upon the Customer completing the purchase of the Service via the electronic payment solution that Employer Solutions applies at the time of purchase, currently Svea Webpay. The Customer has no right of withdrawal and is not entitled to a refund in the event that the Customer does not use the purchased Service in whole or in part.
2.2 Upon completing the purchase of the Service via the electronic payment solution that Employer Solutions applies at the time of purchase, the Customer's Representative guarantees that he or she is authorised to enter into the Agreement on behalf of the Customer. In the event of a breach of this guarantee, the Customer's Representative shall pay the same amount as the Customer would have paid for the Service had the guarantee been fulfilled.
2.3 The Service is not a consumer service. Only if the Customer is a trader (for example, a company or sole proprietor), may the Customer enter into the Agreement with Employer Solutions regarding the Service.
2.4 The Service is expressly not intended for use by Customers, Candidates, or any other users located in, or otherwise subject to, the jurisdiction of the United States of America, Canada, or Mexico (collectively referred to as 'North America'). Employer Solutions does not knowingly accept orders from, deliver to, or provide services for any Customer or Candidate located in North America. Customers hereby represent and warrant that neither they nor any Candidate for whom they purchase tests are located within North America, and agree that any use or attempted use of the Service in violation of this clause shall result in immediate termination of the Agreement without entitlement to refund or compensation.
3.1 The agreement is valid from the time of its conclusion until further notice.
3.2 Employer Solutions has the right to terminate the Agreement with immediate effect by written notice if the Customer breaches its obligations under the Agreement, including but not limited to the Customer's general obligations under clause 5, as well as obligations regarding payment, personal data, confidentiality, and intellectual property rights under clauses 7, 11, and 14 of these Terms of Use. The Customer is not entitled to any refund or other compensation if Employer Solutions terminates the Agreement according to this clause 3.2.
3.3 The Customer may terminate their subscription or delete their account at any time with immediate effect via their account settings on the Website. Upon such termination or account deletion, all unused tests immediately expire and are irrevocably forfeited. The Customer acknowledges and accepts that no refunds, reimbursements, or compensation will be provided for any unused tests upon such termination.
3.4 The Customer has the right to terminate the Agreement in certain cases of changes to the terms, as set out in clause 10.2 of these Terms of Use.
4.1 The Service includes a commitment by Employer Solutions to provide electronic knowledge tests of the type and number specified upon the Customer's purchase in accordance with clause 2.1 of these Terms of Use. The scope of knowledge tests available at any given time is stated on the Website. The Customer cannot claim any service content other than the knowledge tests that are made available by Employer Solutions from time to time via the Website. Employer Solutions reserves the right to freely change and restructure the content of the Service.
4.2 Subscription Plans and Unused Tests
Employer Solutions offers subscription plans (currently 'Starter', 'Professional', and 'Enterprise') providing a specified number of knowledge tests per month as detailed on the Website.
For 'Starter' and 'Professional' subscription plans, any unused tests will roll over and accumulate monthly without limitation, provided the Customer maintains an active subscription. If the Customer cancels their subscription or terminates their account in accordance with clause 3.3, all unused tests will immediately expire and be irrevocably forfeited without entitlement to compensation, refund, or other financial remuneration from Employer Solutions.
The Customer acknowledges and accepts that no refunds or reimbursements will be provided for unused tests upon cancellation or termination of any subscription plan.
4.3 Acceptable Use Policy
The Customer agrees to use the Service solely for its intended purpose. The Customer shall not distribute, resell, or otherwise commercially exploit the Service or its content without explicit permission from Employer Solutions. Unauthorised use, modification, or sharing of tests and materials provided through the Service is strictly prohibited and may result in immediate termination of the Agreement.
4.4 Single-Use Tests
Employer Solutions also offers the option to purchase knowledge tests individually, without requiring an account or subscription. When purchasing single-use tests, the Customer selects the desired test and provides necessary Candidate information (e.g., name and email address) for one or more Candidates directly via the Website. After the purchase has been completed through the electronic payment solution currently provided by Employer Solutions (Svea Webpay), each Candidate will automatically receive an email containing a link to the test.
Upon completion of the test by the Candidate(s), an automatic results report will be generated, and a link to this report will be sent via email to the Customer immediately after the Candidate(s) finish their test.
The Customer acknowledges and accepts that all single-use tests are valid only for the specific Candidate(s) for whom they were purchased, and once completed, no further tests or test attempts will be provided under that purchase.
Single-use tests are non-refundable and non-transferable, and no compensation or reimbursement will be provided if the Candidate(s) fail to complete the test.
5.1 The Customer is responsible for ensuring that the Customer and the Candidate have a suitable internet connection and all necessary equipment for the Service, such as software. The Customer is also responsible for ensuring that the Customer and the Candidate possess the competencies required to effectively use the Service.
5.2 The Customer acknowledges that the knowledge tests are automatically generated using algorithms and are not tailored to the Customer's specific wishes or requirements. Therefore, the Customer should rely on their own judgement, rather than solely on the Service, when evaluating Candidates. If the Service is part of a recruitment process, the Customer must complement the Service with additional documentation and interviews for Candidate evaluation.
5.3 The Customer is responsible for unauthorised use of the Service. If the Customer's username or password is lost, stolen, or suspected of unauthorised use by a third party, it is the Customer's responsibility to immediately notify Employer Solutions and change the password.
5.4 Regarding the Customer's responsibility for payment, personal data, confidentiality, and intellectual property rights, refer to clauses 7, 11, and 14 of these Terms of Use.
6.1 Employer Solutions shall make reasonable efforts to ensure the Service is available to the Customer, provided that the Customer fulfils its obligations under the Agreement. Employer Solutions reserves the right to temporarily suspend the Service for maintenance and other platform-related activities.
6.2 Employer Solutions accepts no liability regarding the suitability of the Service for the Customer’s specific requirements, including but not limited to:
a) the completeness or fairness of the Candidate’s assessment, and
b) the suitability of Candidates for employment purposes.
6.3 Employer Solutions accepts no liability for information provided by the Candidate when using the Service, including accuracy or truthfulness of such information.
6.4 Technical Interruptions and Downtime
Employer Solutions does not guarantee uninterrupted or error-free availability of the Service. Employer Solutions is not liable for any interruptions, disruptions, or delays due to internet connectivity, server downtime, software errors, or any other technical issues beyond Employer Solutions' reasonable control.
6.5 Accuracy and Reliability of Candidate Results
Employer Solutions disclaims all liability for inaccuracies or errors in test results or reports caused by incorrect or misleading information provided by Candidates. Employer Solutions makes no guarantees regarding the suitability or accuracy of the Candidate's qualifications or skills based solely on the results of knowledge tests provided through the Service.
6.6 Data Backup and Storage
Employer Solutions undertakes regular backups of data; however, Employer Solutions does not guarantee the recovery of data in every situation. Customers are encouraged to regularly export and securely store their important data from the Service.
7.1 The Customer shall pay Employer Solutions according to the prices stated on the Website at the time of purchase. All prices listed are exclusive of VAT.
7.2 Payment must be made in advance via card or bank transfer. Invoice payments with a 30-day payment term may be permitted by Employer Solutions. Partial payments, overdrafts, or other payment methods require specific agreement.
7.3 In case of late payment, Employer Solutions is entitled to interest on arrears according to the Swedish Interest Act. Employer Solutions may suspend the Customer's access to the Service or terminate the Agreement immediately if payments are overdue.
8.1 Notices from Employer Solutions to the Customer will be delivered to physical or electronic addresses provided by the Customer, or via posting on the Website.
8.2 Notices from Employer Solutions are deemed delivered five days after sending or posting on the Website.
8.3 Notices from the Customer to Employer Solutions must be provided in accordance with instructions given by Employer Solutions.
9.1 Acts or omissions by the Customer's representative, Candidate, or Customer’s employees shall be regarded as acts or omissions by the Customer.
10.1 Employer Solutions reserves the right to amend the Agreement. Such amendments will take effect 30 days after notification.
10.2 The Customer may terminate the Agreement within 15 days after notification of amendments if these amendments materially and negatively affect the Customer. Upon such termination, no refunds for tests (used or unused) will be provided.
11.1 Employer Solutions processes personal data as Data Controller in accordance with its Privacy Notice, available on the Website. The Privacy Notice details how Employer Solutions collects, processes, stores, and protects personal data, and describes the rights of data subjects under applicable data protection laws, including EU Regulation 2016/679 (GDPR) and related Swedish legislation.
11.2 The Customer acknowledges and agrees that it acts as Data Controller regarding any processing of personal data performed by the Customer, including but not limited to storing, managing, deleting, or otherwise processing Candidates' personal data via the Service. The Customer undertakes to inform Candidates clearly about the processing of their personal data, and to comply fully with GDPR and applicable legislation in its role as Data Controller. Employer Solutions assumes no liability for Customer’s processing of personal data.
12.1 Neither party shall be liable for damages or non-performance caused by circumstances beyond their reasonable control, such as governmental actions, legislative changes, labour disputes, war, natural disasters, or similar events.
13.1 Employer Solutions is liable only for direct damages resulting from gross negligence. Liability shall be limited to the amount paid for the Service and not exceed a statutory price base amount.
13.2 Complaints must be made in writing within 14 days from when the Customer discovered or should have discovered the issue, but no later than two months after the occurrence.
14.1 The Customer may use the Service solely for internal operations. Disclosure of test results or third-party access is strictly prohibited. The Customer shall indemnify Employer Solutions against any damages arising from unauthorised third-party use.
14.2 No intellectual property rights are transferred or licensed to the Customer. Copying, modifying, or otherwise distributing materials from the Service is prohibited.
14.3 Unauthorised distribution of the Service incurs a penalty up to SEK 10,000 or an amount calculated by: 'Multiple' × 0.5 × 2,500, where 'Multiple' equals the number of knowledge tests purchased from Employer Solutions during the current and preceding calendar year.
14.4 The Customer acknowledges that the knowledge tests constitute Employer Solutions’ confidential and proprietary information, and unauthorised disclosure would cause significant harm.
14.5 Ownership and Use of Customer Data
The Customer retains ownership of their data, including Candidates' test results. Employer Solutions has the right to use such data solely for statistical purposes in an anonymised form. Employer Solutions may display anonymised peer data for comparable Candidate profiles, ensuring no personal data or individual results can be identified.
14.6 Intellectual Property of AI-generated Results
Employer Solutions retains all intellectual property rights in the tests, assessments, analyses, results reports, and other outputs generated by the Service, including content produced by algorithms or artificial intelligence. The Customer is granted a limited, non-exclusive, non-transferable licence solely to use such content internally within their organisation for the purposes intended by the Service.
15.1 Disputes arising from this Agreement shall be settled by a Swedish general court under Swedish law.
* * * * * *