Terms of Use Agreement

Terms of Use Agreement

03/09/2023

  1. Introduction
    • Welcome to the Website/platform/application (hereinafter referred to as “The Digital Services“) of Valid.it Evaluation Solutions Ltd. Also known as Valid.it Inc. (hereinafter to as “it” or “the Company” or “Us“), founded in 2021 and provides an online solution. The proposed approach for fraud detection is effective and user-friendly, leveraging behavioral science and signal processing to deter and detect deception using nothing but a mobile device (smartphone).
    • We at Valid.it provide companies and organizations in diverse sectors with an online platform that enables remote, high-reliability tests. Our solution is based on a systematic methodology that leverages real-world experience and professional know-how. The solution may be used for various use cases, including talent acquisition, insurance underwriting, financial statements, claims validation, and more.
    • The following terms of Use apply only to the usage of our Digital Services. The term “Digital Services” refers to the website, the administrative platform used by our customers to manage assessments, and the application for end users, in all of their parts and any content presented in them, including all information and content included in the Digital Services, whether visible to users or not. Furthermore, the terms “the Platform” and/or “the Application” will relate to components of the Digital Services that can be accessible via different locations and comparable domain names.
    • The use of Digital Services for any purpose is governed by this agreement and the privacy policy provided in the Digital Services. The user’s usage of the Digital Services shall be interpreted as consent to all the terms, conditions, and notices contained in this document. As a result, by utilizing the Digital Services (including any content that appears therein, including the use of the service), the user declares that he has read, understood, and agreed to the Privacy Policy and the Terms of Use. The Terms of Use agreement, coupled with the Privacy Policy, form a legally enforceable contract between the user and the Company.
    • The Company maintains the right to amend these Terms of Use (hereinafter: “TOU“) at any time and in its sole discretion, and all users are encouraged to return and check this page as frequently as possible. The changes to the TOU agreement will take effect on the date of the document’s most recent update, and continuous use of the Digital Services after that date will constitute the user’s consent to the changes. If the TOU Agreement is updated to meet a legal obligation, the changes may take effect immediately or as required by law. It is your duty to verify the TOU agreement and its update date on a regular basis.
    • The TOU applies to the use of the Digital Services and the content contained therein via any computer or other communication device (such as a smart mobile phone – i.e. “smartphone”, tablet, etc.). The conditions of use also apply to the use of Digital Services via the Internet or any other network or means of communication.
    • The binding and determining conditions of use are those published on the platform and/or the application at any time. The clauses of the TOU agreement are cumulative and not interchangeable and will be regarded as existing alongside one another rather than diminishing one another. It is clarified that the user may opt to review only some of the information, products, and/or services provided by the Digital Services. Furthermore, it is conceivable that some of the offered services are not yet functioning and will be available to the user once they are available.
    • In case these TOU conflict with any other publication, the contents of these TOU will prevail, unless clearly indicated differently.
    • These TOU are intended for end users of the application and platform users (admin), with each type of user having a separate responsibility and liability under these TOU. For the sake of simplicity, the two types of users are divided into two separate paragraphs in which obligation and liability differ, but all other sections apply to both types of users without exception.

 

  1. Definitions and Interpretations

The words of which the initial letter is capitalized have meanings defined under the following conditions.

For the purposes of this TOU:

  • Company” -referred to it Evaluation Solutions Ltd. as either “the Company“, “We“, “Us” or “Our” in this Privacy Policy.
  • SaaS“- Software as a Service
  • The Customer”- The entity that ordered a service from Us and engaged with us in a contractual framework, as well as invited end users to do the evaluation/assessment (whether as a candidate for a job/position or as an applicant for certain insurance, etc.)
  • The User“- Anyone who uses The Digital Services, whether as an administrator or as an end user. In this document, “you” and “your” are used interchangeably.
  • End user” The individual who receives an invitation from the Customer to download a link to the application on behalf of the platform and utilizes the application to do the evaluation/assessment.
  • Platform“- the SaaS provided to the Customer via can send invitations to end users containing a link to download the application to utilize the platform’s services, i.e. reliability test/assessments/evaluations.
  • Application“- the software created for the use of the end users, which they download via a link .
  • Account“- a unique account created for You to access the Digital Services.
  • Admin“- A Customer’s Employee who Manages the platform account on behalf of the Customer.
  • Device” means any hardware that is used to access the Service such as a computer, a mobile device, or a digital tablet.
  1. End Users:
    • The application is designed for testing/evaluating end users who obtain a link to access the Digital Services, i.e., reliability tests for our customers, based on the type of service requested and the purpose of the evaluation based on the customer’s platform settings.
    • The end user’s application account will be used to do the assessment and/or evaluation, including uploading relevant documents, receiving information about the assessment and/or the Organization [the Customer] that invited the end user to perform the assessment/evaluation, etc.
    • Uploading content- As part of establishing an end-user account in the application, you may provide and enter information and/or upload required references and documents to the application for the purposes of validating details and/or verifying your identity, and/or executing the evaluation/assessment. After the evaluation/assessment, no further access to the application and/or evaluation will be permitted unless the customer [Admin] permits it. Answers to the evaluation/assessment will be received on the customer’s platform; the Company is not responsible for providing answers or copies of any assessments/evaluations. The person who uploaded the content to the Digital Services is entirely responsible for the content.
    • During the assessment/evaluation, the end user may be required to proactively lie in response to a question or multiple questions in order to perform and complete the assessment/evaluation. This is not in conflict with what is said in section 7 about managing information and providing correct personal information, and/or the prohibition of fraud and/or forgery, and/or any other layer described in the TOU and/or the privacy policy. This is about specific information and answers to specific questions that the end user will be notified to proactively lie prior to the start of the question and has nothing to do with how the application and/or Digital Services are used, all in line with the TOU and the law.
    • Except for section 4, all instructions in this document apply to end users.

 

  1. The Platform users/Admin
    • The platform is based on a web browser and may be accessible by the customer, who designates one or more of his employees as administrators to manage the end users who will be invited to utilize the Digital Services based on the type/purpose of the requested service.
    • The platform admin account will be used to manage, define, and create various assessments based on the type/purpose of the requested service, as well as, to add, update, invite, and manage end users, including attaching required references, viewing evaluations status updates, receiving information, issuing an assessment execution certificate and its results and/or a copy thereof, etc.
    • Uploading Content- When establishing an admin account on the platform, you may provide and submit information, as well as upload required references and documents, for the purpose of managing end users. The person who uploaded the content to the Digital Services is entirely responsible for the content.
    • Downloading Content– The Admin may download/export and/or review in the admin account on the platform various documents and/or certificates, such as evaluation results, assessment performance status by the end user, assessments’ answer analysis report, etc. The downloading/export of the reports from the platform will be the sole responsibility of the administrator. It is clarified that the reports may contain sensitive information and that providing it to an unauthorized third party and/or keeping it contrary to the legal provisions relevant to the Company constitutes a violation of the law.
    • Except for section 3, all instructions in this document apply to platform users/administrators.

 

  1. The Use of the Digital Services
    • You may use the Digital Services, In compliance with the privacy policy and this agreement [TOU].
    • Only a user who meets all of the following cumulative conditions may use the Digital Services: (a) the user is an eligible legal entity that accepts the obligations associated with performing actions in the Digital Services (including, for example, a user whose parent or guardian has authorized him to perform an action in the Digital Services); (b) holds an identity card; and (c) the user has access to an email box and a valid email address associated with it. (d) The customer has obtained all relevant consents and approvals from employees/end users/other relevant personnel prior to collecting/submitting/storing personal information.
    • Users are solely responsible for submitting data, its integrity, and correctness. The supply of incorrect or inaccurate data may have an impact on the information received as a result of using the Digital Services. The Company is not responsible for any harm or malfunction caused by entering false and/or inaccurate and/or partial information, including typing errors, and users shall have no claim and/or grievance against the Company as a result.
    • Acceptance of the service is conditional on the establishment of a user account in the Digital Services (“user account”) and the submission of the required data and personal information. To prevent misuse, you must maintain the username and password you obtain in conjunction with the user account in private. You are completely responsible for any actions taken using your username and password. If you have reason to believe that an unauthorized party has used your identity information and/or accessed your user account, you must contact the Company immediately.
    • You may only use the Digital Services described above for personal purposes. Do not copy and use, or allow others to use, the contents in any other way, including in other websites, applications of all kinds, electronic publications, print publications, and so on, for any commercial or non-commercial purpose other than personal use.
    • In relation to the contents of the Digital Services, you may not activate or permit the activation of any computer application or other means, including software such as Crawlers, Robots, etc., for the purpose of searching, scanning, copying, or automatic retrieval of contents from the Digital services, you may not develop and use such means for establishing a compilation, collection, or database that will contain content that originates from the platform and/or the application or that was presented in them.

 

  1. Limitations of Use:
    • These TOU do not offer you the right or license to change or modify the Digital Services or their content.
    • Illegal and/or contradictory usage of these TOU is prohibited, including, but not limited to, as follows:
      • alter, reproduce, replicate, copy, distribute copies, publish, imitate, or manipulate the Digital Services.
      • To develop materials based on the Digital Services.
      • Bypass, alter, tamper with, or obstruct safety components that protect the hardware and/or the Digital Services and/or Digital material.
      • Access or prepare a key (index) to the digital content using a robot, scanner, or other automated means.
      • Rent, lend, lease, sublicense, reproduce, display, distribute, or make available to a third party the content.

 

  1. Data Management
    • Data management will be carried out in line with the privacy policy and the TOU, including, but not limited to, as follows:
      • All information content submitted by the user and/or someone on his behalf into the Digital Services will be truthful, genuine, complete, and up to date, and will be solely the user’s responsibility. Incorrect and/or false information may result in the initiation of legal proceedings against the user, including the filing of a criminal complaint, the imposition of disciplinary measures, and/or the cancellation/termination of the service agreement, all in accordance with this document, the privacy policy, and the service agreement, if applicable.
      • When using the Digital Services, the Company will be able to manage information for the purposes of providing service, maintenance, resolving errors, and/or whatever else the customer requests, all in compliance with the privacy policy. The provision of the service to the customer will be determined in accordance with the contractual framework established between the Company and the customer, and the performance of the assessments by end users will be determined in accordance with the customer’s requirements and sole discretion.

 

  1. Confidentiality
    • The Company is committed to keeping all data confidential and not to transfer, expose, deliver, notify, copy, or disclose to any party, directly or indirectly, the information stored in the user’s account, all in line with the privacy policy and/or without the user’s prior written consent insofar as the case is not covered by the privacy policy, and for an indefinite period of time – regardless if the use of the Digital Services is terminated.
    • Without deviating from what is stated in these TOU, the Company is committed to comply with applicable laws, specifically the Israeli Privacy Protection Law, 1981 and the Privacy Protection (Information Security) Regulations, 2017.

 

  1. Information Security
    • The Company places a high value on privacy and information security, and it invests heavily in safeguarding its users’ information.
    • The user is responsible for the proper use of the user ID and password, information access rights, and the security of the user’s computer system resources.
    • We recommend that users install the following basic security measures on the end device from which they access the Digital Services in order to safeguard and protect information, as follows:
      • Verification of the implementation of protective measures on computers/tablets/smartphones and/or any other device, including, for example, the setting of a screen saver after a period of inactivity; Installing standard and up-to-date anti-virus/anti-malware software; applying information security updates as directed by the manufacturer; and locking the device with a password or other means.
      • In accordance with the service requirements, log in to the service using each user’s own username and password. Do not reveal your account information to anybody else.

 

  1. User’s Responsibility:
    • The user undertakes not to engage in any action that constitutes to forgery, impersonation, deception, or fraud.
    • The user undertakes not to upload, retrieve, transmit, distribute, or publish any advertising-related information or material without the express and previous authorization of the Company.
    • The user acknowledges that, without constraining the Company’s rights, if the Company believes that the user’s use does not comply with the provisions of the TOU and/or any law, the Company will be entitled to take any action it deems appropriate to protect its property and/or rights and the rights of other users, including, but not limited to, preventing the user from accessing the Digital Services and recording and/or tracking the user’s use of the Digital Services. It is also stated that the Company may disclose information about the user’s identity and the actions he performed in the Digital Services to other parties, including if third parties demonstrate, in the Company’s opinion, that they have been affected by the user’s infringing action.
    • The user is liable for any use and activity taken on his user account while using his password, access code, or authorization.
    • The user undertakes full responsibility for the Company and agrees to indemnify and/or reimburse it with his first demand for any damage, loss, expense, grievance, and/or claim and/or allegation that any third party may have in relation to what is written in this section.

 

  1. Intellectual Property
    • The Company owns all intellectual property rights in all content in the Digital Services, including copyrights, ownership rights in information, patents, trademarks, distribution rights, and any other intellectual property in information. These rights include but are not limited to, the graphic design of the Digital Services, the databases contained therein, the information stored therein, the computer code of the Digital Services, and any other detail relating to their functioning. The user will have no ownership rights in the information.
    • Without prior written authorization of the Company, you are not allowed to make any commercial use of the information published in the Digital Services, in the database in the Digital Services, in the photographs appearing in them, or in other details provided by and/or on behalf of the Company. You may not use any data published in the Digital Services for the purpose of displaying it on a website or any other service without prior written authorization of the Company and pursuant to the terms of that consent, if and when granted. It is prohibited under this rule to gather data from Digital Services using software and/or to disclose such data to the public in a commercial manner or framework.
    • Do not perform any action, including but not limited to, Do not copy, distribute, publicly display, publicly perform, transmit, make publicly available, modify, process, create derivative works, sell or rent any part of the above, whether by you or another user and whether through or in collaboration with a third party, in any way or means, whether electronic, computerized, mechanical, optical, photographic, or recording means, or in any other way or means, without the prior authorization of the Company.
    • The name Valid.it, as well as other Company names, trademarks, whether registered or not, and so on, are all the sole property of the Company. They may not be used without the prior written authorization of the Company.
    • The user hereby undertakes not to publicly publish the information and/or any part of it, except in accordance with the TOU of the Digital Services. Moreover, The user acknowledges not to publicly publish any information and/or output of the information, whether printed or given as a file on magnetic media or in any other form, and not to reproduce, photograph, copy, or print any information and/or output as stated above from the information or any part of it for the purpose of distribution or publication in any way, and will not allow, either directly or indirectly, either for consideration or without consideration, to distribute or publish any information and/or output as stated above.

 

  1. Miscellaneous
    • For the ongoing functioning of the Digital Services and the collection of statistical data, the Company may employ technological tools, such as the storage of IP addresses and the use of “cookies”; for more details, please see the Privacy Policy.
    • At its sole discretion, the Company may change the structure, visibility, content, scope of services provided, or any other aspect of the Digital Services. The user will have no claim, grievance, and/or demand against the Company for making such changes and/or for any errors or direct or indirect damages that result from the changes in the Digital Services, including the temporary or permanent suspension of the Digital Services.

 

  1. Limitation of Liability
    • The Digital Services, as well as any data or information contained within them, can be used ‘AS IS’. As a result, no claim, assert, or demand will be made against the Company and/or the digital information and services or through them, their accuracy, reliability, correctness, or frequency of publication, features and manner of the service, capabilities, limitations, or suitability to the user’s needs and requirements. The Company is not liable for any problems, losses, or damages that may arise as a result of using the Digital Services or relying on the information provided within.
    • The Company does not guarantee that the Digital Services will be available indefinitely. It is feasible and agreed upon that their activities will be hindered or halted for a variety of reasons. At its sole discretion, the Company may execute maintenance and/or refresh operations for the Digital Services, as well as design changes and/or any other action that may block access to them.

 

  1. Indemnification
    • Each user undertakes to indemnify the Company, its employees, and any entity related to it or acting on its behalf for any harm, loss, damage, payment, or expense incurred as a result of a violation of these TOU (including attorney’s fees and court costs), as well as for any claim, and/or demand raised against them by a third party as a result of the user’s violation of any of these TOU.

 

  1. Privacy Policy
    • The Privacy Policy is available at this link: _____________________.

 

  1. Jurisdiction
    • The user acknowledges and agrees to receive any notification from the Company and/or entities relevant to the Digital Services, including any “written notice” required by law, to the e-mail box whose address he submitted as part of the Digital Services activity.
    • The legislation applicable to the Digital Services and any matter related to them (including these TOU), as well as in any instance of a legal disagreement in direct and/or indirect connection with the Digital Services and/or their usage, is Israeli law alone. The competent court in Haifa district (and not any other court) has the sole and exclusive power to hear any dispute or legal issue relating to a direct or indirect link to Digital Services and/or their use.

 

  1. Contact Us
    • Contact us if you have any questions, requests, or issues concerning this material at: support@validit.ai