Terms of Service

• Customer: an organization that creates an account to run assessments, and the staff it authorizes to act on its behalf.
• Candidate: a person invited by a Customer to take an assessment. A candidate does not create a Customer account and is not a party to any billing relationship — their use of the Service is governed by these Terms to the extent they interact with it, and by our Candidate Privacy Notice and Proctoring Consent Policy for how their data is handled.

• A Customer must provide accurate information when creating an account and keep it current.
• A Customer is responsible for the actions of the staff it invites to its organization, and for maintaining the confidentiality of their own account credentials.
• A Customer may remove a staff member's access at any time; an organization must always retain at least one owner, to prevent an account from being left with no one able to administer it.
• Notify us promptly at support@evalynq.com if you become aware of unauthorized access to an account.

• Evalynq provides a platform for creating and running online and practical work-sample assessments, inviting and screening candidates, optional identity and integrity monitoring (camera, screen-share, and event logging — each opt-in and separately consented to by the candidate), scoring and human review, and results reporting.
• For a Customer's own candidate data, the Customer is the data controller and Evalynq acts as data processor on the Customer's instructions — see our Data Processing Agreement.
• Optional AI-assisted scoring and CV screening features, where a Customer enables them, are advisory only. They never make a final scoring, shortlisting, or hiring decision — see our Acceptable Use Policy for the built-in limits this is subject to.
• We may modify or discontinue a feature of the Service from time to time; we will give reasonable notice of a change that materially reduces functionality a Customer is actively relying on.

• A Customer is responsible for having a lawful basis to collect and process the personal data it submits to the Service, including candidate data, and for complying with employment, anti-discrimination, and data protection law applicable to its own recruitment.
• A Customer is responsible for the accuracy of assessment content it creates and for decisions it makes using results the Service produces — Evalynq does not make hiring decisions.
• A Customer must comply with our Acceptable Use Policy.

• Prices are described on our pricing page. Certain features and limits are available only to eligible organizations, as agreed with us; those arrangements are incorporated by reference for the Customer they apply to.
• Billing is manual rather than automatic card charges. Creating an account and building draft assessments is free. Before a live assessment, a Customer pays offline and submits proof of payment; once we verify it, a platform administrator activates the assessment and adds the purchased candidate capacity. An Early Access trial may be explicitly granted by a platform administrator to an eligible organization; it covers one assessment and 1–10 candidate starts for 30 days from grant, waives payment only, and does not override plan entitlements. Each successful candidate start draws down one paid or trial start as applicable. Some Customers are instead billed by agreed invoice.
• Fees are non-refundable except where required by law or as we otherwise agree in writing.
• We may change our pricing prospectively, with notice before it applies to a Customer's next billing period.

• A Customer may stop using the Service, and close their account, at any time by contacting us.
• We may suspend an account for a suspected violation of our Acceptable Use Policy, non-payment, or a security concern. Suspension is reversible and non-destructive — a Customer's data is preserved and access is restored once the issue is resolved.
• We may terminate an account for a serious or uncorrected violation of these Terms, in which case a Customer's data will be deleted in accordance with our Privacy Policy and Data Processing Agreement, subject to any legal retention obligation.
• A Customer may request export of their organization's data before closing their account.

• We own the Service, including its software, design, and branding. These Terms do not grant a Customer any ownership interest in the Service.
• A Customer retains ownership of the content it creates and uploads (assessment questions, branding they configure, and their own data). By using the Service, a Customer grants us the limited right to host, process, and display that content solely to provide the Service to them.

• The Service is provided "as is," without warranty of any kind beyond what applicable law requires, including any warranty of merchantability, fitness for a particular purpose, or non-infringement.
• Any score, report, or AI-generated suggestion produced by the Service is advisory only. A Customer is solely responsible for any hiring or recruitment decision it makes, whether or not informed by the Service's output.
• To the maximum extent permitted by law, Evalynq will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising from use of the Service.
• Nothing in these Terms limits liability that cannot be limited under applicable law, including for our own gross negligence, willful misconduct, or a breach of statutory data protection obligations we owe as processor.

A Customer agrees to indemnify and hold us harmless from a third-party claim arising from the Customer's own violation of these Terms, its unlawful use of the Service, or its unlawful processing of candidate data through the Service, to the extent that claim does not arise from our own breach of these Terms or of the Data Processing Agreement.

These Terms are governed by the laws applicable where Evalynq is established, without regard to conflict-of-law principles, except where a mandatory local consumer-protection or data-protection law gives a Customer or candidate rights that cannot be waived by agreement — in which case that local law controls to that extent. We will work in good faith to resolve any dispute informally before either party pursues a formal claim.

We may update these Terms as the Service evolves. If we make a material change, we will update the effective date above and, where appropriate, notify Customers directly. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

Questions about these Terms can be sent to support@evalynq.com. Evalynq is not yet a registered corporate entity with a fixed registered address at the time of publication; a registered legal entity name and address will be added here once incorporation is complete.