Terms of Service

1. Acceptance of Terms

By accessing or using ThoughtDock's cognitive assessment platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not use the Service.

2. Description of Service

ThoughtDock provides a SaaS platform that enables recruitment agencies ("Customers") to send cognitive assessment tests to job candidates. The Service includes:

• Access to scientifically validated cognitive assessment tasks
• Candidate invitation and tracking tools
• Automated scoring and reporting
• White-label customization features
• Customer support and documentation

3. Account Registration and Security

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Subscription and Billing

4.1 Subscription Plans

ThoughtDock offers subscription plans based on the number of recruiter seats. Pricing details are available on our website and subject to change with 30 days' notice.

4.2 Billing

• Subscriptions are billed monthly or annually in advance
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method on each billing cycle
• Failure to pay may result in service suspension or termination

4.3 Free Trial and Credits

We may offer free trial periods or promotional credits. These are subject to specific terms and limitations, and we reserve the right to modify or terminate promotional offers at any time.

5. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit harmful code, viruses, or malware
• Attempt to gain unauthorized access to our systems
• Scrape, reverse engineer, or decompile the Service
• Use the Service for any purpose other than legitimate recruitment activities
• Send assessments to individuals without their consent
• Discriminate against candidates based on protected characteristics

6. Data Ownership and Responsibilities

6.1 Customer Data Ownership

You retain all rights to candidate data processed through the Service. ThoughtDock acts as a Data Processor and will only use candidate data to provide the Service and as instructed by you.

6.2 Customer Responsibilities

As the Data Controller, you are responsible for:

• Obtaining lawful consent from candidates before sending assessments
• Complying with applicable data protection laws (GDPR, CCPA, etc.)
• Providing candidates with privacy notices and assessment information
• Handling candidate rights requests (access, deletion, etc.)
• Using assessment results in a fair and non-discriminatory manner

7. Intellectual Property

The Service, including all software, content, designs, and assessment methodologies, is owned by ThoughtDock and protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription period. This license does not include the right to resell, redistribute, or create derivative works.

Open Source: The Service utilizes the jsPsych open-source framework, which is licensed under the MIT License. Our proprietary additions and customizations remain our exclusive property.

8. Service Availability and Support

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with advance notice when possible.

Customer support is available via email during business hours. Response times vary by subscription tier.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT RESPONSIBLE FOR HIRING DECISIONS MADE BASED ON ASSESSMENT RESULTS

Important: Cognitive assessments are one tool among many in the recruitment process. They should be used in conjunction with interviews, reference checks, and other evaluation methods.

10. Indemnification

You agree to indemnify and hold ThoughtDock harmless from any claims, damages, or expenses arising from:

• Your use of the Service in violation of these Terms
• Your violation of applicable laws or regulations
• Your infringement of third-party rights
• Hiring decisions or employment disputes involving candidates

11. Termination

11.1 By You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds will be provided for partial billing periods.

11.2 By Us

We may suspend or terminate your access to the Service if you:

• Violate these Terms
• Fail to pay subscription fees
• Engage in fraudulent or abusive behavior

11.3 Effect of Termination

Upon termination, your access to the Service will cease. You may request an export of your data within 30 days of termination, after which we may delete your data in accordance with our Privacy Policy.

12. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of Queensland, Australia. Any disputes shall be resolved in the courts of Brisbane, Australia.

Before initiating legal action, you agree to attempt to resolve disputes through good-faith negotiation.

14. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and ThoughtDock
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• No Waiver: Our failure to enforce any provision does not waive our right to do so later
• Assignment: You may not assign these Terms without our written consent

15. Contact Information

For questions about these Terms, please contact us:

Email: legal@thoughtdock.com
Address: Brisbane, Australia