Terms of Service
Last updated: 12 June 2022
Welcome to Evalgator.
We request you to read the Terms of Service (“Terms”) published on this page carefully before you access or use the Evagator website or services (“Evalgator”, “We”, “Us”).
- Our Services
- Who May Use Our Services
- Account Information
- Content You Post
- Content Posted by Others
- Restrictions on Use of Site
- Intellectual Property Rights
- User Data
- Your Privacy
- Free Trial Services
- Paid Subscription
- Third-Party Websites and Services
- Disclaimer of Warranty and Limitation of Liability
Evalgator is an online digital assessment and evaluation platform that allows companies and independent recruiters to fast-track candidate screening and hiring. You can learn more about Evalgator on our FAQ page and how to use the platform from the Support section on that page.
Who May Use Our Services
To use our services, you must be at least 13 years of age and must be of the legal age to enter into a legally binding contract in your jurisdiction.
By using our services, you warrant that (1) you are not under 13 years (2) you have not been barred from receiving services under the laws of the United States or other applicable jurisdictions (3) you will comply with the relevant local, state, national, and international laws.
If you are representing a business or other entity, you warrant that (1) you are authorized to bind them to the terms published here and (2) you agree to these terms on their behalf.
You are required to set up an account to use some of Evalgator’s services. When you do so, you are required to provide us with information that is accurate, complete, and current. If there is any change in the information, please update your account information to reflect those changes. Please do not impersonate anyone when you create an account.
Your organization can have only one registered account with us, which you shall create using your official email address. Once you create an account, you are deemed to be the sole owner of the account.
You are responsible for protecting your account information and all activity in your account. You shall not share your account credentials with anyone else. You agree that we are not liable for any loss or damage that arises from your failure to maintain your account’s confidentiality. You can ensure the security of your account by using a strong and unique password. In the event your account is compromised or someone gains unauthorized access to it, please notify us immediately. You may be held liable for any loss (to us or other registered users) that arises from you failing to keep your account credentials confidential.
You agree not to create an account without our express consent if you or your account has been previously barred from using our Services. We reserve the right, at our reasonable discretion, to refuse registration and cancel or remove your account at any time.
Content You Post
There may be features in Evalgator that allow you to submit, post, and share content such as text, photos, videos, or other content (“Content”). You shall not submit, post, or share Content that you do not own or do not have permission to use. All Content owned by you belongs to you and you are free to use them provided you are in compliance with all applicable laws and regulations.
You are responsible for any content you create, transmit, or post on Evalgator and for any consequences arising from those actions. You agree that we are not liable for any errors, misrepresentations, or omissions in your content. Further, you agree to indemnify us from claims, actions, loss, harm, damage, injury, or cost due to any content you post. You are also responsible for ensuring that you have the rights and permissions required to comply with these terms.
By posting your content, you are agreeing to grant us a worldwide, perpetual, royalty-free, fully sublicensable, nonexclusive, irrevocable license to reproduce, store, host, create derivative works, perform, display, and distribute any of your content. These rights are required to provide our services and they apply even if you stop using our sites and services.
Any ideas, suggestions, or communication you share with us will not be treated as confidential. We may reuse, disclose, or distribute them for enhancing the features or demonstrating to third parties, or for our internal analysis without compensation or credits.
Content Posted by Others
We are not directly or indirectly liable for any content posted by others and for any loss or damage that results from such action. The entity that submitted or posted the content is responsible for any content sent privately or posted publicly. We reserve the right to review and remove any content posted by others but we may not always review or control it. Content posted by others may not always be in compliance with our terms. We are not liable in any manner for any content including the errors and omissions or any loss or damage caused when you use the content. Please assess the accuracy and usefulness and verify the ownership of the content before you use it. You agree to waive any legal, rights or remedies you may have against us in this respect.
Restrictions on Use of Site
You agree that you shall not use our site in a way that violates any applicable laws or interferes with the safe and sound operation of the site, including the measures we take to enforce these terms. If any action you take is deemed offensive or inappropriate, we have the right to remove the content, delete your account, bar you from using our Site and Services, and go for legal recourse. Even if you have an account with us, you shall not use content from our site unless you are permitted by us or the content owner or by the law to do so.
We reserve the right, at our reasonable discretion, to reject, edit, or remove any content uploaded to or hosted by Evalgator without prior notice. We will take down content if we are served a compliant takedown notice to comply with the Digital Millennium Copyright Act.
Intellectual Property Rights
Unless otherwise stated, Evalgator and/or its licensors own the intellectual property rights for all material on Evalgator. All intellectual property rights are reserved. You may access Evalgator for your organization’s use subjected to restrictions set in these terms.
You must not:
- Republish material from Evalgator
- Sell, rent, or sublicense material from Evalgator
- Reproduce, duplicate, or copy material from Evalgator
- Redistribute content from Evalgator
- the linking party's site.
No use of Evalgator's logo or other artwork will be allowed for linking absent a trademark license agreement.
We will maintain certain data that you transmit to the Site for the purpose of managing the Site as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Free Trial Services
You can use Evalgator free of cost for the first two months after you create an account (free trial period). When the trial period is over and you wish to continue using the Services, you will be required to pay according to the currently effective pricing plans. All payments shall be non-cash transactions, conducted electronically by external professional entities. Unless expressly stated otherwise, all amounts stated in the Agreement or the pricing plans are exclusive of duties and taxes.
The terms governing the trial account, paid subscription, and cancellation of account are given below:
- Your use of the Trial Services is subject to the Terms. Trial services are provided free of charge and are valid for 30 days from the date of creation of the account. The trial period offer is for you to try the Services in your business environment and get to know the Services before making a decision about the paid subscription. We shall not collect your credit card information during the free trial period.
- The free Trial Services are provided “as-is” and without any warranty set forth. In addition, we do not represent or warrant that the: (a) free trial services will meet all your requirements, (b) free trial services will be uninterrupted, secure, or free from error (c) usage data provided through the free trial services will be accurate.
- We shall have no indemnification obligations nor liability of any type with respect to the free trial.
To take a paid subscription, you will be required to share your credit card information with us. We do not offer refunds on already processed transactions. This policy is the same for all pricing plans and you are responsible for all charges in the subscriptions.
We offer no refunds, no right of set-off, or credits for unused time of the Services or plan downgrades if you decide to close, downgrade, or suspend your account before the end of your subscription period.
We may terminate your account and/or login credentials, remove, or discard any content on Evalgator if we have reason to believe that you have breached or acted contrary to these terms of service.
In our reasonable discretion, we may temporarily suspend or permanently withdraw any rights you have to use the platform, issue a notice, or take legal recourse in the following cases: if you are insolvent, bankrupt, unable to pay your debts, or in breach of any relevant law, rule, or regulation.
In the event your account is terminated, you will no longer be able to access your Evalgator account and the content therein. We are not required to delete any data, information, or content in your account. We are not liable for the deletion of any content or information when your account is canceled or terminated.
Third-Party Websites and Services
Evalgator may contain photographs, text, graphics, pictures, designs, music, sound, video, information, and other content or items belonging to or originating from third-party websites or services (“Third-Party Content”). Such Third-Party Content is not endorsed, investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Content posted on or available through, or installed from the site, including the accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Content. Access and use of such Third-Party Content will be solely at your own risk.
Disclaimer of Warranty and Limitation of Liability
Except as otherwise expressly stated in any separately signed document between you and Evalgator, the platform is provided “as is” on an “as available” basis. We disclaim any and all representations or warranties, express or implied, regarding the operation of Evalgator, any content or products therein, the merchantability, availability, or fitness for a specific purpose, non-infringement, and title. In no event shall We, our officers, directors, employees, licensees, affiliates, or any third parties, if any, be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to data loss, service interruption, system failure or financial loss) due to the use or the inability to use the Platform. We do not warrant the accuracy or completeness of the Content, graphics, links, or any other information offered on Evalgator.
Some jurisdictions do not allow limitations on express or implied warranties, in which case the above limitations may not apply to you. In that event, warranties shall only be imposed to the extent determined by a court of competent jurisdiction as required by applicable law.
Except as may be set forth in the agreement signed between you and Evalgator, we do not warrant that Evalgator will be available at all times or from any specific location, operate without interruption, or will be secure or free of errors, viruses, or other harmful code. No advice or information obtained, whether oral or written, obtained from us or any of our affiliates shall be deemed to alter the warranty expressly stated in this terms of service.
Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you. You acknowledge and agree that these limitations are reasonable given the benefits of the services and you will accept such risk and/or insure accordingly.
Regardless of anything to the contrary set forth in this Terms of Service, our maximum aggregate liability to you for whatsoever reason and form of action will be always limited to the lesser of (i) the amount paid by you for Evalgator six months immediately preceding the action that invited liability or (ii) one hundred dollars ($100.00).
You agree, to the extent permitted by law, to indemnify, defend, and hold us, our officers, directors, employees, representatives, licensees, contractors, and affiliates harmless from and against any claims, complaints, costs, damages, losses, liabilities, and expenses (including lawyer’s fees) arising out of or relating to a claim raised by a third party regarding (a)Your or your account holder’s or candidate’s use of the platform, including but not limited to any actions or judgment or decisions made using the platform (2) any infringement of rights, including intellectual property rights, of any company, organization, or individual (3)any breach of these Terms of Service by you or anyone using your login credentials. We reserve the right to have an exclusive defense of any matter for which you are required to indemnify us. You agree to cooperate with us in the defense of any third-party claims.
- These Terms are governed by the laws of the Republic of India and the competent courts in India shall have exclusive jurisdiction.
- Any dispute arising in relation to the terms will be submitted to the courts in the Republic of India /State of Kerala.
- These Terms and any additional terms, conditions, policies, and agreements posted here constitute the entire agreement between You and Evalgator. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.