Legal
Terms of service
Short, and written to be read once rather than skimmed and forgotten.
1. What these terms cover
They cover using SharpAssessment: this website, the assessment platform, and the tests in it. Using any of them means these terms apply. Personal data is covered separately by the privacy policy and, for candidate data, by the data processing agreement.
2. Who can use it
It is a business tool for employers assessing candidates. You must be at least 18 and, if you are signing up for an organisation, authorised to accept these terms for it. Candidates taking a test do not need an account and are not party to these terms; their side is described on the candidate page.
3. Early access
Accounts are opened in batches while capacity is being added, and the product is being actively developed. Features can change. What will not happen is a feature you actively rely on disappearing without notice: if something is being removed or changed materially, account holders are emailed first.
4. Your account
Keep your credentials to yourself, and tell us promptly if you think someone else has them. You are responsible for what the people you invite into your account do with it. Accounts are for an organisation, not for resale or for running assessments on behalf of unrelated third parties, unless we have agreed that in writing.
5. What you may not do
- Publish, resell or redistribute the test content, or use it to build a competing test library.
- Extract the library systematically, by scraping or otherwise.
- Use the service to discriminate unlawfully against candidates, or in any way that breaks employment law where you hire.
- Upload unlawful material, or personal data you have no lawful basis to process.
- Attack, overload, or attempt to circumvent the security of the service. Good-faith security research is welcome under the terms on the security page.
6. Who owns what
- The tests, scoring rubrics and the platform stay ours. Your account includes a licence to use them to assess candidates for your own hiring, for as long as you have an account.
- Your data stays yours. Candidate records, results and reports belong to you. You can export reports as PDF and shortlists as CSV at any time, including on your way out.
- We do not train AI models on your candidate data, and we do not use it to build products for anyone else.
7. Candidate data
You decide which candidates are assessed and why, which makes you the controller of that data and us the processor. You are responsible for having a lawful basis and for telling candidates what is happening, which thecandidate page is written to help with. The processing terms, including security, sub-processors, deletion and breach notification, are in the data processing agreement, which applies automatically to every account.
8. Hiring decisions are yours
A test score is evidence, not a verdict. Nothing in the service rejects a candidate automatically, we make no promise that a score predicts job performance in your specific context, and we are not responsible for your hiring decisions or for the legal consequences of them. Compliance with employment law where you hire is yours to meet; thecompliance page sets out what that usually involves and what records the service gives you to meet it with.
9. Payment
- Prices are the ones published on the pricing page, in USD, exclusive of VAT and sales tax where those apply.
- You are charged per candidate who submits a completed assessment. Invitations that are never opened, and assessments started but not submitted, are not charged.
- Packs are bought once. Nothing renews automatically, and unused candidates do not expire.
- An unused pack can be refunded within 30 days of purchase. Once candidates from it have been assessed, that part is used.
- If an outage on our side stops an assessment from being completed, that candidate is not charged.
10. Availability
There is no service level agreement yet, and this page will not pretend otherwise. The service is run with care, maintenance is done at quiet times where possible, and outages are communicated. If uptime guarantees are a procurement requirement for you, say so before you buy.
11. Ending it
You can stop using the service at any time; export what you need first. We can suspend or close an account that breaches section 5, or that goes unpaid, and except in cases of abuse you will be told why and given a chance to put it right. On closure, candidate data is deleted according to the retention terms in thedata processing agreement. Unused credits are refundable if the account is closed by us for any reason other than a breach by you.
12. Liability
To the extent the law allows, our total liability arising out of the service is limited to the amount you paid in the twelve months before the claim, and we are not liable for indirect or consequential loss, including lost profits or the consequences of a hiring decision. Nothing here excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.
13. Changes to these terms
Material changes are emailed to account holders at least 30 days before they take effect, and the date at the top of this page changes. If you do not accept a change, you can close your account and have any unused credits refunded.
14. Governing law
These terms do not name a governing law or a forum, because there is no incorporated operating entity to name one for yet. That is a real gap rather than an oversight, and it is stated here so nobody discovers it during a review. If you need a governing-law clause, a signed agreement or a named counterparty before you can buy, contact[email protected] and you will get a straight answer about what can be signed today.