Terms of use

Acceptance of terms

This website and platform are provided by Vertana, Inc. ("Vertana", "we", "us", "our"). By using our website (the "Site") and the services offered on it (the "Services"), you agree to be legally bound by these terms of use ("Terms of Use"), as they may be modified and posted here from time to time. If you do not wish to be bound by these Terms of Use, you may not use the Site or Services.

If you are using Vertana on behalf of an organization, you agree to these Terms of Use on that organization's behalf. Where you sign up for a paid plan or any Services for which we charge fees, additional order terms or a subscription agreement will also apply to your use of those Services.

Privacy policy

We are committed to protecting your privacy. Please read our Privacy Policy carefully — by using the Site and Services you confirm that you agree with it. All data you provide when using the Site and Services is handled as described in that policy.

Use of the service

You may use Vertana to create assessments, invite candidates, review results, and manage your hiring team. You are responsible for the content of the assessments you create and for using the platform in a lawful, fair, and non-discriminatory manner.

Candidate assessments

You agree to disclose proctoring to candidates and to obtain consent where required, and not to use assessment data for any purpose other than evaluating candidates for the role in question. Where Vertana processes candidate data on your behalf, you act as the data controller and we act as your processor, as set out in our Data Processing Agreement.

Service availability

The Site and the Services are provided on an "as is" basis, and we cannot be liable if, for any reason, they are unavailable for any period of time. We work to keep Vertana available and reliable, but access may be suspended at any time, and we do not warrant uninterrupted availability.

Acceptable use

You agree not to misuse the platform.

• Do not attempt to disrupt, probe, or reverse engineer the Services.
• Do not upload unlawful, infringing, offensive, misleading, or harmful content, or anything containing malware.
• Do not use the platform to discriminate against protected groups.
• Do not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Services except as permitted by these terms or with our written permission.

Intellectual property

The Site and Services contain data and information protected by trademark, patent, copyright, and database rights. No part of the Site or Services may be published, distributed, extracted, re-utilised, or reproduced in any material form except with our separate written permission or as permitted by applicable law. We reserve the right, at our discretion, to withdraw or modify the licences we grant to use our content at any time.

Data provided by you

You agree that all data you send or upload to the Site or Services — including emails, text, and responses to any information available through the Services — is lawful, truthful, decent, and not offensive; complies with all applicable laws and regulations; does not infringe the intellectual property or other rights of us or any third party; is not defamatory or misleading; and is free from malware.

You are solely responsible for your data. If we consider that any part of it exposes us to the risk of a claim or complaint, we may block access to all or part of the Services and remove all or part of that data, and you must provide reasonable assistance in doing so. All data you provide is treated as set out in our Privacy Policy.

Ownership of candidate answers

On completing an assessment and submitting answers and solutions, the candidate assigns all rights, title, and interest in, and the copyright to, those answers and solutions to the owner of the testing content (the "Owner") for its exclusive use, so that the Owner is the sole and exclusive owner of the copyright and other intellectual property rights in such answers and solutions. Answers and solutions may not be reproduced or republished in any medium without the Owner's express written permission.

Links to other websites

The Site and Services may offer links to other websites and services. We are not responsible for the content of any linked website or any transmission received from it. Such links do not imply that we endorse or have approved the linked website or service. The terms of use and privacy policies of linked websites may differ from ours, and we encourage you to review them before submitting any personal data.

Liability

We do not accept liability for the accuracy, completeness, or suitability for a particular purpose of any content published or made available on or through the Site or Services, unless liability cannot be limited under applicable law. We will not be liable for any damages arising in contract, tort, or otherwise from the use of, or inability to use, the Site, the Services, or any linked website, or from any action or decision taken as a result of using them.

Governing law and jurisdiction

Your use of the Site and Services is governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Any dispute arising out of your use of the Site or Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

Changes to these terms

These Terms of Use may change from time to time, so you should review them regularly. We will notify you of changes where we are required to do so. These Terms of Use are effective from the date shown above and replace all previously applicable versions.

Contact

Questions about these terms can be sent to [email protected].