Last updated May 2024
These Terms of Service, including governing your access to and use of ExamPilot Service. BY ACCESSING OR USING THE SERVICE, OR BY POSTING OR ACCESSING ANY CONTENT ON THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE.
FRT will provide the Service in accordance with these Terms of Service and in accordance with the applicable laws and all necessary Information Security Measures. By using ExamPilot, you agree to use the Service only in accordance with these Terms of Service, and applicable laws. You will be solely responsible for all use of the Service under your account including all applications, web domains, devices, and communication channels owned or controlled by you or owned or controlled by third parties. The Service can only be used by individuals that are at least eighteen (18) years old.
The initial subscription term starts to run from the moment the Service is activated through the Platform. The applicable fee for any subscription renewal will be determined using the current list price based on the applicable subscription plan on the Platform for such renewed Service unless a different renewal pricing is specified. In no event will termination of the Service relieve the customer of any payment obligations of the fees payable prior to the effective date of termination.
FRT reserves the right, at its sole discretion, to modify, discontinue or terminate the Service at any time and we will use reasonable efforts to inform you prior such events occur. We may also modify these Terms of Service so please refer to the “Last Updated Date” in these Terms of Service. By continuing to access or use the Service after we have posted a modification to these Terms of Service, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Service.
The Service includes the ExamPilot online talent recruitment platform that aims to simplify organizations’ hiring process for potential job applicants and candidates.
Certain types of content are made available through the Service. “ExamPilot” means the Platform or other content, including without limitation the FRT trademarks or any third party trademarks, technology, and copyrighted works, made available through the Service, which are owned by or licensed to FRT. ExamPilot is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. Except as expressly provided in these Terms of Service, FRT exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. FRT grants to you a limited, personal, non-exclusive, non-sublicensable, non-transferable, non-assignable license to access and use the Service. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or FRT Content.
FRT reserves the right to terminate immediately and without further notice any user’s data, Talent’s data including, containing illegal or inappropriate content such as:
If your account or use of the Service is suspended by us as a result from your actions or omissions pursuant to the above, FRT does not have any liability for damages or losses, or any other consequences that you may incur as a result.
FRT will not be held responsible for any data corruption or loss, howsoever caused. Should any such data loss occur, FRT will make every effort to recover the data.
Neither FRT or any of its representatives or customers will, without the other’s written consent, disclose to any third party any information concerning the business or method of working of the other party which may be revealed to it during the period of the Service or otherwise, except as required by law or to the extent that such information may become public knowledge or may be acquired or generated by either party independently from the other otherwise than by reason of a breach of this clause.
If you have access to Free Plan, we will make the Service available to you on a trial basis, free of charge for unlimited period of time or until the start date of any purchased subscription pan ordered by you.
Free Plan Products are provided “AS IS” without warranty of any kind, whether express, implied, statutory, or otherwise. FRT specifically disclaims all implied warranties of merchantability, noninfringement and fitness for a particular purpose in relation to Free Plan Products.
Unless agreed otherwise in writing by the Parties, you shall pay FRT all fees in accordance with the applicable subscription plan as published on the Platform. The subscription plans are based on different factors measured by the size of your organization and Talents’ demand size.
Subscription plans have a standard duration of either twelve (12) months or monthly, unless explicitly agreed otherwise, and are paid in advance annually or monthly, depending on your selection.
All payments related to different subscription plans shall be made in advance by debit or credit card only. After payment is processed, the User can find and download their invoice for the related Service within their profile in the Platform.
Refunds – All payment obligations are non-cancelable, and fees and taxes, once paid, are non- refundable. However, User is allowed on full or partial refund in case of receiving faulty product. User needs to provide FRT with clearly evidenced documentation proving that the product or service have not been working as expected initially and not after User’s interference.
You shall provide FRT with accurate and complete billing information including full name, address, zip code, country, and a valid VAT or applicable tax registration number and notify us of any changes to such information. By submitting the payment information, you automatically authorize FRT to charge all fees incurred through your account.
All charges stated in or in relation to the Service are inclusive of VAT but exclusive of any other taxes, duties, levies and similar assessments as well as any other costs including transaction costs or bank transfer fees. Without limiting the foregoing, you are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental or regulatory authority.
All amounts payable to us under these Terms of Service shall be paid by you in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason.
We are entitled to increase our subscription plans fees annually after your initial subscription terms for any subscription renewals with a notice period of thirty (30) days before taking effect. If you do not agree to any change in the fees, you are entitled to terminate these Terms of Service before the start of the next subscription renewal. Your continued use of the Service after the modification of the fees comes into effect constitutes your acceptance and agreement to pay the updated fees.
FRT is not responsible for the loss of User data. The User is ultimately responsible for ensuring the appropriate backups are completed and that tapes are taken off site or otherwise secured appropriately.
The liability of FRT for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the aggregate price paid for the service up to the date in question.
In no event shall FRT, it’s partners or suppliers be liable for costs of substitute goods or services, nor will they be liable for loss of profits, loss of data or any indirect, special, incidental, consequential or punitive damages however caused, whether due to a breach of contract, negligence or otherwise unless such liability is determined by a Court of competent jurisdiction, without further recourse to appeal, that it was caused by gross negligence, willful misconduct or fraudulent acts, by FRT.
The User indemnifies FRT in respect of:
You agree to defend, indemnify, and hold FRT, its officers, directors, employees, agents, and third party licensors, harmless from and against any claims, liabilities, losses, damages, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or FRT Content, or your violation of these Terms of Service.
The trademarks “Flat Rock Technology Ltd” and accompanying logos are trademarks or registered trademarks of Flat Rock Technology. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without FRT’s prior written consent. FRT may freely assign these Terms of Service.
The Terms of Service and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Service.
Our business’s name is: Flat Rock Technology Limited
Our business address is: 5 St John's Lane, London, EC1M 4BH, United
Kingdom
Our VAT registration is: No. 6461660
Our contact email is:
info@exampilot.tech