Informed Decisions LTD ("Informed Decisions", or "us," "our,""we") has developed an interview platform (the” Platform”) to assist with and improve the interviewing and assessment of potential and current employees. The platform uses algorithms and analysis of data in order to produce a detailed assessment of each participant's fit for an employment position, to provide insight to decision makers to support people decisions, and to provide feedback on the performance and potential biases of persons conducting the interviews (all together, along with any other insights, analysis and data provide via the Platform, “Reports”). The platform is integrated into the organization’s internal employee assessment tools. The interviews, data and all other services available through the Platform, including generation and provision of the Reports shall collectively be referred to as "Services". "User" or "you" means any person using the Platform and/or the Services.
Please read these Terms of Service (the "Terms") carefully. These Terms govern your access to and use of the Platform and the Services. By clicking on the button marked "I agree," you signify your assent to both these Terms and our Privacy Policy, which is available [here]. We reserve the right to make changes to these Terms and our Privacy Policy from time to time at our sole discretion. We will advise you of any changes to these Terms or our Privacy Policy either via an email to the email address associated with your account or via a pop-up notification on the Platform. Your continued use of the Services after such notification is provided will be deemed acceptance to the amended Terms and/or Privacy Policy. If you do not agree to any of these Terms or the Privacy Policy, please do not click the button marked "I agree" or use the Platform or Services.
License
Informed Decisions grants you, as an employee or representative designated by one of our customers (the “Company”), the right to access and use certain portions of the Platform and/or Services as well as receive certain Reports, all solely for the purpose of conducting and assessing interviews on behalf of the Company. The Company is authorized to revoke your permission to access the Platform and Services at its discretion. All Reports as well as all data input and activity of yours on the Platform and Services will be made available to the Company.
Account Registration
The Company, in coordination with Informed Decisions, shall provide you with access to an account on the Platform (an “Account”). The Account will allow you to participate in interview/s as an interviewer, subject to these Terms and our Privacy Policy. We reserve the right to refuse to open an account, to suspend an Account or to delete an Account, including all data and Reports associated therewith, at any time and for any reason, at our sole discretion.
You may be required to register in order to access your Account. All information provided during the registration process for your Account must be accurate. You may not share your Account login credentials with any other person. You are fully and solely responsible for the security of your computer and all activity on your Account, even if such activities were not completed by you. You agree to notify Informed Decisions immediately of any unauthorized use of your Account or password via email to [email protected]. Informed Decisions will not be liable for any losses or damages arising from unauthorized use of your Account or password, and you agree to indemnify and hold Informed Decisions harmless for any improper or illegal use of your account, including any charges and/or taxes incurred. We do not police for, and cannot guarantee that we will learn or prevent any inappropriate use of the Platform and/or Services.
Termination of Account
We may terminate or suspend your Account immediately and without notice: (i) upon request of the Company, (ii) upon termination, suspension or expiration of the agreement between us and the Company, (iii) if we suspect you have violated these Terms or the Privacy Policy, or (iv) if we, at our sole discretion, deem it reasonably necessary to do so for any purpose including to protect the security of Informed Decisions, another user of the Platform, or any of our service providers, to prevent damage to the Platform, to protect us from potential liability or harm, or to comply with applicable law or our contractual obligations..
Upon termination or suspension of your account, you shall not have any further access to the Platform or any content made available through the Platform including any Reports or any data you input onto the Platform such as interview scores and transcriptions (“User Data”).
If Informed Decisions believes, at its sole discretion, that a violation of these Terms or our Privacy Policy or any illegal or inappropriate usage or behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or our Privacy Policy or illegal and inappropriate usage or behavior regarding the Platform and/or Services. We will cooperate fully with any law enforcement investigation or court order requesting or directing us to disclose the identity behavior or User Data of anyone believed to have violated these Terms or to have engaged in illegal behavior. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Services
You may use the Platform as well as the Reports and Services provided through it solely for the purposes of assessment of skills, behaviors, motivations, traits and capabilities in the context of an application for employment by the Company or current employment by the Company as well as assessment of skills and biases of an interviewer on behalf of and for the benefit of the Company. You may not utilize the Platform or Services to provide any services or content to any third party, other than the Company, or make any commercial use of the Platform, Services, or Reports. Informed Decisions may, at its sole discretion and at any time, discontinue providing any part of the Services without notice.
Use of the Services and access to the Platform and/or interviews is void where prohibited by law, regulation or any other obligation. By using the Platform and/or Services, you represent and warrant that (a) you have accepted these Terms and our Privacy Policy prior to utilizing the Platform and/or Services; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are eighteen years of age or older and have the ability to form a binding contract; and (e) your use of the Platform and/or Services does not violate any applicable law or regulation or any obligation you may have to a third party.
Reports & Content
The Services may allow you to add certain User Data such as interview scores and transcriptions to the Platform. All You are fully and solely responsible for all User Data you submit. You represent and warrant that any such User Data complies with all applicable law, that you have all necessary rights to submit any such User Data through the Services, including any required consents of interviewees under applicable privacy law, and that no such User Data infringes upon, violates, or will lead to an infringement or violation of any third-party intellectual property rights, privacy or publicity rights, or moral rights. Informed Decisions reserves the right to remove and permanently delete any Reports and/or User Data at any time, without notice and for any reason.
Use Restrictions
Except as set forth expressly herein, you shall not, nor shall you permit any third party or any other User to (a) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Platform and/or Services, including the Reports, without our prior written authorization, including framing or mirroring any part of the Platform, Reports and/or Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Platform, and/or Services or features that prevent or restrict use or copying of any Reports or User Data; (c) use the Platform and/or Services, including any Reports, in connection with any commercial endeavors in any manner, except for the purposes specifically set forth herein; (d) use any robot, spider, assessment search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform and/or Services, including the Reports; (e) use the Platform and/or Services, including the Reports, in any manner not permitted by these terms; (f) add any information relating to any person, including an interview subject, to the Platform or the Services without obtaining ’such person’s prior written consent as required under applicable privacy law or (g) use or access a User’s account or password without such User's permission. To the extent any of the restrictions set forth in this section are not enforceable under applicable law, you shall inform Informed Decisions in writing in each instance prior to engaging in the activities set forth above.
Intellectual Property & Report Confidentiality
Informed Decisions, or as the case may be, its licensors, own the Platform, Services, and all Reports available therein, including all worldwide intellectual property rights in the Platform, Reports and/or Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Platform, Reports and/or Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform, Reports and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Informed Decisions or any third party. You hereby acknowledge that the Reports and the information contained therein are confidential and are not to be shared with anyone other than the Company. You hereby indemnify Informed Decisions against any claims associated with your unauthorized disclosure of the Reports or any information contained therein.
By submitting or posting any User Data, you grant Informed Decisions and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use such User Data to provide you the Services and prepare the Reports as well as to continue to improved our products and services including but not limited to the Platform and/or Services.
Disclaimers & Disclaimer of Warranty
Your use of the Platform and/or Services, including the Reports, is at your sole discretion and risk. The Platform, Reports, and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. While we make reasonable efforts to provide Reports that are informative and useful, we do not make any warranties or representations of the accuracy or usefulness of any Reports. We do not represent or warrant that you will find any Reports to be informative or useful for your own needs.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM, REPORTS, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM, REPORTS, AND SERVICES; OR (II) THAT THE PLATFORM, REPORTS AND/OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE PLATFORM AND/OR SERVICES INCLUDING ANY INFORMATION CONTAINED IN THE REPORTS.
We are not responsible for any incorrect or inaccurate content on the Platform, in the Reports or in connection with the Services, or transmitted by any user, including User Data. No advice or information, whether oral or written, obtained by you from us, including in the Reports, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
We assume no responsibility for, and you shall not have any valid claim against Informed Decisions in relation to, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Platform, Reports and/or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online platforms (including the Platform), servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any part of the Platform and/or Services, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials, including Reports, in connection with the Platform and/or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Platform and/or Services, from any Report, or from the conduct of any users of the Platform and/or Services, whether online or offline.
BY USING THE PLATFORM, YOU HEREBY EXPRESSLY WAIVE AND RELEASE INFORMED DECISIONS FROM ANY AND ALL CLAIMS WHICH YOU HAVE OR MAY HAVE IN THE FUTURE AGAINST INFORMED DECISIONS, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASEES"), ARISING OUT OF OR ATTRIBUTABLE TO ANY REPORTS GENERATED ASSESSING YOUR SKILLS, BIASES AND OTHER CHARACTERISTICS AS AN INTERVIEWER, , THE SHARING OR DISCLOSURE OF SUCH REPORTS TO THE COMPANY, AND DECISIONS MADE BY THE COMPANY BASED ON THE CONTENT OF SSUCH REPORTS. YOU COVENANT NOT TO MAKE OR BRING ANY CLAIM AGAINST INFORMED DECISIONS OR ANY OTHER RELEASEE RELATED TO THE FOREGOING AND FOREVER RELEASE AND DISCHARGE INFORMED DECISIONS AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.
Limitation of Liability
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, REPORTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE PLATFORM, REPORTS AND/OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF INFORMED DECISIONS AND ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS TO ANY USER RESULTING FROM YOUR USE OF THE PLATFORM AND/OR SERVICES, INCLUDING WITHOUT LIMITATION, FROM THE CONTENT OF ANY REPORTS, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED ONE HUNDRED (100) DOLLARS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION..
Indemnification
You agree to indemnify, defend, and hold harmless Informed Decisions and our employees, directors, officers, subcontractors and agents, against any and all claims, damages, costs or expenses (including attorneys’ fees and legal expenses) that arise directly or indirectly from: (a) breach of these Terms and/or our Privacy Policy by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Platform, the Reports and/or the Services; (c) your violation of any law or regulation, including any applicable privacy laws; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
Miscellaneous
These Terms shall be governed by the laws of the State of Israel. Any legal or equitable action of whatever nature by or against Informed Decisions arising out of or related in any respect to these Terms or your use of the Services, Reports and/or Platform shall be brought only before t competent courts of Tel-Aviv, Israel. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Informed Decisions must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Informed Decisions or enables you to act on behalf of Informed Decisions. Except as may be expressly stated in these Terms. You shall not be entitled to assign any of your rights hereunder to any third party. Informed Decisions may assign any and all rights hereunder to any third party.
Last updated: June 2024