Terms of Service.

Last revised May 16, 2022

EQ Supplies AB, 556748-1220 (hereinafter ”EQ Supplies”, “Us”, “We”, “Company”), provides services used for employee assessments, surveys, personnel selection, employee management, and organizational change via electronic communications and storage (hereinafter “the Service”).

This Agreement is valid between a physical or legal person (hereinafter “Customer”, ”Client”, “You”) who uses, purchases, or opens an account for the Service. The Agreement includes, among other things, terms for the use of the Service. By using the Service through our website (ambitionprofile.com), through the domains provided, or otherwise, the Customer agrees to be bound by this Agreement and the terms of use below.

EQ Supplies reserves the right to change the Terms of Service at any moment and without prior notice. When we change the terms, you will be asked to agree to those changes in order to continue your use of the service. Features that extend or improve the Service, including the launch of new tools and resources, are covered by these Terms of Service. For Customers with a separate customized written agreement regarding the use of Service, the terms will change in the manner indicated by such an agreement, and the terms indicated in that separate agreement will take precedence over this agreement. Continued use of the Service after such changes constitutes consent to such changes.

Failure to comply with the Terms of Service may result in termination of the Customer’s account.

Service

The service is structured around features/modules such as:

  • Psychometric tests: Tests that collect information about the abilities, knowledge, skills, and other behavioral or cognitive aspects of an employee or candidate for a job position. The results of these tests are intended to help with decision-making in Human Resource Management Processes.
  • Functionalities  for managing psychometric tests
  • An API available for connecting to other existing systems. 

 

EQ Supplies may launch new features to improve the Services.

Customers are entitled to all the functionality that they are granted according to the Terms of Service, for the whole term of the agreement. In addition to this, improvements and updates to functionality may be implemented to the service free of charge. However, in cases where third party functions or other functionalities beyond the basic provision are used, such as SMS authentication, management of e-mail volume beyond the basic volume, access to one’s own domain and/or database, etc., such additional costs beyond subscription fees shall be borne by the Customer. The basic provision includes storage of 100 MB in our database, 1GB of file data per employee, 1Kb of file data per candidate, and the handling of 200 e-mails per employee per year. Prices beyond the basic provision are available upon request.

Definitions

“Ambitionprofile”, also “Site” or “Website” is the website used to deliver the services offered by EQ Supplies.
“Client”, also “customer”, is a firm or organization for which we serve as a service provider.
“Collaborator” is a firm or organization that conducts collaborative research study projects with EQ Supplies.


“Test-takers” are people who take the tests we provide as a service or use for experimental purposes in collaboration projects. Test-takers may be employees of an organization, candidates for a job, or any other person that takes our tests.

“Test Administrator” is an individual designated and authorized by the Client Organization to use this site to assign assessments to Test-takers and coordinate and manage the assessment process and/or receive assessment test results and reports.

“Personal Information” is all personally identifiable information that we collect, receive or process with respect to Test Administrators and Test-takers. Additional information about the Personal Information we collect or receive is found in the Collection and Use of Personal Information section of this Privacy Policy.

“You” means a Test Administrator, Test-taker, or a Client authorized to use this site.


“User” is any person that uses the website for purposes of the provision of the service. Clients, Test administrators, and Test-Takers are considered Users.

Customer Accounts

Accounts registered by “bots” or other automated methods are not permitted. The Customer must provide the Customer’s legal name, a valid e-mail address, and other requested information in order to complete the registration process. The Customer’s login may only be used by an individual. A single login shared by several individuals is not allowed. The Customer has the sole responsibility for the protection of his/her customer accounts, login details, passwords, and other information that are used in conjunction with the Service. The Customer shall not allow individuals under the age of 18 years to use the Service. The Customer shall notify EQ Supplies immediately if the Customer becomes aware of the improper use of the Customer’s account.

API

The Customer may access the Service through an Application Program Interface (API). Any use of an API, including use of an API through a third-party product that has access to the Service, is bound by the terms of this Agreement, as well as the following special terms:

Misuse of, or excessive uploads to the Service through an API may result in a temporary shutdown of the Customer’s account’s API access. EQ Supplies will determine what constitutes misuse or excessive use of an API.

The Service

The purpose of the Service is to provide tools to assess relevant information regarding personnel selection and employee management procedures. The Customer accepts responsibility for his/her use of the Service. The Service is provided in its existing condition, “as is” and according to existing availability. Technical support is provided to paying Customers only and is only available via e-mail unless otherwise agreed or stated in the Service Level Agreement.

 

EQ Supplies uses third-party suppliers and hosting partners to provide the necessary hardware, software, network, storage, and related technology required to provide, improve, and operate the Service. In cases where the Customer uses services outside the basic functionality with additional variable costs, such as, but not limited to, SMS authentication, storage of customer’s own separate database, or management of e-mail beyond the base volume, the Customer shall bear such additional costs. Prices of such costs can be obtained on request.

Depending on the Customer’s operations, the technical development and transmission of the Service, including the Customer’s content, may be carried out unencrypted and involve (a) transmission over different networks, and (b) changes in order to comply with and adapt to technical requirements for connecting networks or devices. An example of transmission over different networks is the use of public networks where EQ Supplies is not in control of the administration.

EQ Supplies does not guarantee that (i) the Service will meet the Customer’s specific requirements or expectations; (ii) the Service will operate faultlessly without interference or interruption (iii) the results that may be obtained from the use of the Service will be valid, accurate or reliable.

Payment and Charges

A valid credit card, or acceptance of credit from EQ Supplies, is required in order to pay for use of Service. EQ Supplies will invoice the Customer a calendar year in advance unless otherwise agreed. EQ Supplies will invoice electronically, free of charge, or via paper invoice. The Customer agrees to pay for the Service upon receipt of the invoice, or at a later date as specified on the invoice. Interest and fees will be charged on invoices that are not paid on time, in accordance with applicable law.

From time to time, EQ Supplies operates marketing campaigns with different pricing and payment terms from the normal pricing. For such campaigns, these terms will be stated, and will only apply to the campaign in question. Campaigns cannot be combined unless this is clearly stated in the specific agreement with the Client. For Clients who do not have a customized contract that states otherwise, prices, including but not limited to, monthly subscription fees, may change with 30 days’ notice. Such notice may be provided at any time via changes being published on the ambitionprofile.com website and communicated by email.

Responsibility for Communications and materials used by our service

The Customer is responsible for all use of the Service in connection with Customer’s accounts or accounts created by Customer, whether or not this is approved by the Customer. The Customer and users shall follow all pertinent laws when using the Service, and it shall not be used to transmit communications or store any material that violates any law, court order, or ordinance or that may appear unethical or offensive. The Service shall not be used in such a way that it interferes with EQ Supplies’ operations or the operations of other customers or users. EQ Supplies may cancel the account(s) of the Customer if violations of these rules are discovered.

Intellectual Property

Client will not obtain any right to, or license of the intellectual property of the assets used for or generated by the use, analysis, or processing of data provided by client or Test-Takers to EQ Supplies for purposes of providing or improving the Service. EQ Supplies shall be the sole owner of all intellectual property rights of the assets generated by the use, analysis, and processing of the data provided by Client and Test-takers. Such assets include but are not limited to products, services, knowledge, content, insights, tools, techniques, formulas, research, data, patents.

Cancellation

For Customers with a customized agreement, such an agreement will govern account closure and the notice period for cancellation. In other cases, the Customer is solely responsible for properly closing the Customer’s account. The notice period is 30 days. The Customer’s account can only be canceled so as to terminate at the end of a calendar month. Cancellation must be done in writing, e.g., by e-mail. All the Customer’s material will be removed upon the agreement’s termination. Therefore, this information cannot be restored after 30 days after the account is closed. The Customer is responsible for backing up any information that the Customer wishes to save before the account is canceled.

Copyright and Ownership

EQ Supplies, and its licensors, own all rights to the Service and its underlying technology. The Customer may not forward, mirror, copy or reuse any part of the Service’s code, text, or visual design elements. EQ Supplies will not review communications and materials in advance, but EQ Supplies is entitled, on its own responsibility, to discontinue communications or remove materials available through the Service if there is reason to assume that the material violates the law or EQ Supplies’ legitimate interests.

No Representations or Warranties

While EQ Supplies makes reasonable efforts to try to ensure the quality of the processes and tools used to communicate with Client and other stakeholders, collect and process data, and provide correct information regarding our products and services, EQ Supplies does not make any representations, warranties, or guarantees, whether express or implied, about the quality, suitability, reliability, availability, usefulness, implications, accuracy, or completeness of the information, materials, tools, or contents provided or used during or after the provision of Service.

Limitation of Liability

All services are provided “as is”, “as available”, and “with all defects” and without warranty of any kind. The Customer and Users understand and agree that EQ Supplies’ services and website are provided “in existing condition” and “as available”. EQ Supplies is not liable for direct or indirect damages, such as loss of goodwill, data or profits, or costs of coverage as a result of or in connection with the use of service. If the fault is due to EQ SUpplies’ negligence, the supplier is liable for damages, within the limits stated in these terms. EQ Supplies’ liability for direct damages is limited to what has been paid by the Customer for the Service for six (6) months immediately before the damage occurred. EQ Supplies is not liable for damages resulting from (i) the Customer’s use of the Service in violation of these Terms of Service or the Terms of Website Use; (ii) data and information obtained or messages received through or from the Service; or (iii) unauthorized access by Customer to, or change of, the Customer’s account or data.

Personal Data

Both parties agree to comply with applicable laws for the protection of personal data and its integrity. Information that EQ Supplies has concerning the Customer and users will be used for providing the Service, identification of users, account management, producing statistics, conducting research, improving the services, developing new services, and for the purpose of preventing fraud/damage and following the law.

Event’s beyond company’s reasonable control

Events beyond company’s reasonable control, include, without limitation, the occurrence of highly unusual or unforeseen circumstances, such as but not limited to, natural disasters, hurricanes, floods, fires, earthquakes, volcanic eruptions, tornadoes, disasters caused by human or animal activity, collapses of infrastructure, civil unrest, riots, protests, rebellion, revolution, economic or political sanctions, embargoes, armed conflict, war, military operations, disease epidemic, disease pandemic, terrorism, boycotts, acts of god, failures of Internet backbone providers, and acts or omissions of third parties (each a “Force Majeure Event”).

If and to the extent that EQ Supplies’ performance of any of its obligations pursuant to these terms of use or the terms of service is prevented, hindered or delayed directly or indirectly by Force Majeure Events, and such non-performance, hindrance or delay could not have been prevented by reasonable precautions, then EQ Supplies shall be excused for such non-performance, hindrance or delay, as applicable, of those obligations affected (the “Affected Services”) by the Force Majeure Event for as long as the Force Majeure Event continues and, except as otherwise provided in this Section, EQ Supplies continues to use its commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay, including through the use of alternate sources, workaround plans or other means.

The Party whose performance is prevented, hindered or delayed by a Force Majeure Event shall promptly notify the other Party of the occurrence of the Force Majeure Event and describe in reasonable detail the nature of the Force Majeure Event.

Non-disclosure

Customer agrees that, each party may have access to certain of the other party’s Confidential Information. EQ Supplies’ Confidential information includes test data, algorithms for calculation of scores, and other technical information related to the development and provision of its services. Each party also agrees that misuse and/or disclosure of that Confidential Information could adversely affect the other party’s business. Accordingly, the parties agree that, during the Term of this Agreement and thereafter, each party shall use and reproduce the other party’s Confidential Information solely for purposes of this Agreement and only to the extent necessary for such purpose and shall restrict disclosure of the other party’s Confidential Information to its employees, consultants or independent contractors with a need to know and shall not disclose the other party’s Confidential Information to any third party without the prior written approval of the other party. Notwithstanding the foregoing, it shall not be a breach of this Agreement for either party to disclose Confidential Information of the other party if required to do so under the law or in a judicial or other governmental investigation or proceeding, provided the other party has been given prior written notice and the disclosing party has sought all commercially reasonable safeguards against any further dissemination prior to such disclosure.

No implication of partnership

No agency, partnership, joint venture, employment relationship, or franchise relationship is intended or created between EQ Supplies and Customer.

Notices

Communications between EQ Supplies and Client will be conducted through email or another method specified in a written agreement. Communications conducted through these channels, or any other form, will not be considered agreements or offers. Any agreement between the parties must be in writing and signed by Representatives of the parties with the authority to do so.

Severance

If any part or provision of these Terms of Service Agreement is held or determined by a court or authority of competent jurisdiction to be invalid or unenforceable in whole or in part, it will not impact any other provision or part of this Terms of Service Agreement, all of which will remain in full force and effect.

Disputes

Disputes arising out of the Service or this Agreement shall be settled by the Stockholm District Court as an exclusive forum in the first instance. The contractual terms shall be interpreted and applied in accordance with Swedish law. Questions about this agreement and the terms of use can be sent to hello@ambitionprofile.com