Terms of service

Information about US

Devskiller.com is a website (“Service”, “Devskiller”) operated by Devskiller Sp. z o.o. (“Us”, “We”, or “Our”), a company registered in Poland under company number 0000472423 whose registered address is Lindleya 16, 02-013 Warsaw, Poland.

These terms of service (“Terms”, “Terms of Service”) apply to all visitors, users and others who access or use the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.

Please read these Terms of Service carefully before using the Service and make sure you understand and agree to them before using the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

If you have any questions about these Terms, please contact us at support@devskiller.com

Definitions

“Account” means an account with Us for use of our Service.

“Company” means the company or other legal entity for which You are accepting this Agreement.

“Company manager” means a User authorised to manage and access whole account without any additional restrictions.

“Candidate” means a person who accesses the Service to take the Test Session.

“Content” means data, text, software, graphics, messages or other material.

“Fees” means the amount payable by you to us in return for our Service.

“Free trial” means a free Service for a certain period of time offered to try out the Service.

“Paid trial” means a paid Service for a certain period of time offered to try out the Service.

“Service” means the web services that are ordered by You under a free trial or a paid subscription and made available online by Us.

“Sign-up form” means a form that you have to fill to get an access to the Service.

“Task” means a single question, programming task, code review challenge, code gaps assignment or SQL exercise used as a part of the Test.

“Test” means a set of Tasks used to evaluate Candidate’s skills.

“Test Session” means an attempt made by the Candidate to solve the Test.

“User” means an individual who is authorised by You to use a Service, for whom You have ordered the Service and to whom You (or We at your request) have supplied a user identification and password. User may include, for example, Your employees, consultants, contractors and agents and the third parties with which You transact business.

“You” means the Company or other legal entities for which you are accepting this Agreement.

Agreement

  1. By completing the Sign-up form or by accessing or using the Service or the Site for any purpose, You agree to become bound by these Terms. If you disagree with any part of these Terms, then you may not access or use the Service.
  2. If you are entering into this Agreement on the behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms. If you do not have such authority you may not accept this Agreement and may not use the Service.

Account

  1. When you create the Account with Us, you must provide information that is accurate, complete at all times. Failure to do so constitutes a breach of the Term which may result in immediate termination of your Account.
  2. You may be asked to supply certain information relevant to your purchase including, your credit card number, the expiration date of your credit card, your billing address and your shipping information.
  3. By submitting such information You grant Us the right to provide the information to third parties for purposes of facilitating the completion of purchases.
  4. We reserve the right to refuse or cancel Your order at any time for certain reasons including but not limited to: product or service availability, errors in description of price of the product or service, error in your order or other reasons.
  5. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
  6. You are entirely responsible for maintaining of the information You hold for your Account, including your password, and for any and all activity that occurs under your Account as a result of your failing to keep this information secure and confidential. You agree to notify Us immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by Devskiller or any other user of or visitor to the Service due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

Free Trial

Devskiller may, at its sole discretion, offer a subscription with a free trial for limited period of time.

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Us until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your subscription, you will be automatically charged the applicable subscription fees for the type of subscription You have selected.

At any time and without notice, We reserve the right to modify the terms and conditions of the Free Trial or cancel such Free Trial offer.

Our responsibilities

  1. We will:
  1. make the Service available to You pursuant to this Terms and the applicable order form,
  2. provide our standard support service for the Paid Trial/Free Trial to You at no additional charge,
  3. use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure, delay or denial of service attack. We reserve the right to disable (some or all of) the functionalities of the Service for any Account at any time, without notice, without liability to third parties,
  4. Company is responsible for making all arrangements necessary in order for it, its Company manager, Users or anyone else authorised by Company, including its Candidates, to have access to the Service and for maintaining its network connections in order to use the Service. Company is responsible for ensuring that their Candidates have the details they need to use the Service. Company agrees that their Candidates must agree to the Terms before they take a Test Session,
  5. We will aim to notify You of any planned maintenance that might impact the availability of the Service and we will inform Companies of their Candidates’ Test Sessions which have been affected by an unexpected system downtime.
  1. We have not reviewed, and cannot review, all of the material, including computer software, posted to the Service and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, We do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from the use by Users of the Service, or from any downloading by those Users of content there posted.

Your responsibilities

  1. You will:
  1. represent and warrant that your use of the Service will be in strict accordance with the Terms, the Our Privacy Policy and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area),
  2. be responsible for the accuracy, quality and legality of your data,
  3. use commercially reasonable efforts to prevent unauthorised access to or use of the Service and notify Us promptly of any such unauthorised access or use,
  4. be responsible for procuring and maintaining your network connections in order to access the Service and ensuring that your network and systems comply with the relevant specifications provided by Us.
  1. You will not:
  1. describe or assign keywords to your Test in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. We reserve the right to change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Our liability,
  2. use the Service in any way that could damage, disable or impair the Service,
  3. use the Service to store or transmit malicious code,
  4. interfere with or disrupt the integrity or performance of the Service or third-party data contained therein,
  5. attempt to gain unauthorised access to the Service or its related systems or networks,
  6. copy the Service or any part, feature, function or user interface thereof,
  7. access the Service in order to build competitive product or service.
  1. If you operate an Account, Tests on the account, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, You represent and warrant that:
  1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party,
  2. if your employer has rights to intellectual property you create, You have either received permission from your employer to post or make available the Content, including but not limited to any software, or secured from your employer a waiver as to all rights in or to the Content,
  3. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms,
  4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content,
  5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing),
  6. the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party,
  7. the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods,
  8. the Content is not presented in a manner that misleads your readers into thinking that you are another person or company.

If you delete Content, We will use reasonable efforts to remove it from the Service, but You acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, We reserve the right, in Our sole discretion, to refuse or remove any content that, in Our reasonable opinion, violates any Our  policy or is in any way harmful or objectionable, or terminate or deny access to and use of the Service to Users  for any reason, in our sole discretion. We have no obligation to provide a refund of any amounts previously paid.

  1. The Service may contain features designed to operate with other applications. To use such features, You may be required to obtain access to other applications from their providers and may be required to grant Us access to your account(s) on the other applications.

If the provider of the other application ceases to make the other application available for interoperation with the corresponding Service features on reasonable terms, We may cease providing those Service features without entitling You to any refund or other compensation.

  1. You agree to indemnify and defend Us, Our contractors, licensors, and respective directors, officers, employees and agents from and against any and all losses, damages, claims and expenses, including attorneys’ fees, arising out of a claim brought by a third party relating to their use of the Service or their Candidate’s use of the Service including any employment decisions, financial business, and commercial judgements, and acts or omissions it makes based on its use of the Service. You  agrees to cooperate fully with Us and join Us in defending any such claim or action.

Fees and payment

  1. Optional Paid trial is available on the Service. By selecting a trail you agree to pay Us one-time fee indicated for that Service.
  2. Payments will be charged on a pre-pay basis on the day you sign up for the Service and will cover the use of that service for a defined period of time as indicated. Service fees are not refundable.
  3. Unless You notify Us before the end of the applicable subscription period that You want to cancel the Service, your subscription will automatically renew and You authorize us to collect the then-applicable subscription fee for such Service (as well as any taxes) using any credit card or other payment mechanism We have on record for You. Renewal can be canceled at any time in the billing page of your account’s settings.

Duration

  1. When Company cancels the Service, it will be active until the end of the current billing cycle and then terminated.
  2. We reserve rights to delete all your data after three months without an active subscription.

Termination of the Agreement

  1. We may, in Our sole discretion, terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
  2. We may,  in Our sole discretion, terminate your access to the Service temporarily or permanently if We determine that You:
  1. have violated the Terms or any applicable law,
  2. fail to pay any amount owed to Us within 7 days of the due date,
  3. are insolvent, bankrupt, unable to pay your debts,
  1. On termination of this Agreement for any reason all licenses granted by Us under these Terms shall be immediately terminated and your right to access and use the Service will end.
  2. All provisions of this Agreement which by their nature should survive termination shall continue in force, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  3. If any provision within the Terms is judged to be illegal or unenforceable, the remaining provisions will be unaffected.

Confidentiality

Any Task, statement or information on the Site is confidential information. You agree not to:

  1. disclose, publish or reproduce (including posting on any webpage or blog) such information,
  2. disclose to others details of Tasks or Tests (including details relating to its completion).

Limitation of liability

In no event We will, or our suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for any special, incidental or consequential damages; the cost of procurement for substitute products or services; for interruption of use or loss or corruption of data; or for any amounts that exceed the fees paid by you to Us under this Agreement during the six (6) month period prior to the cause of action.

We shall have no liability for any failure or delay due to matters beyond our reasonable control.

Disclaimer of Warranties

The Service is provided “as is”. We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither We nor our suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk. You should use your own virus protection software.

Intellectual Property Rights

This Agreement does not transfer from Us to you any our or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Us.

We are the owner or licensee of all intellectual property rights in the Service and in any material written or published on it. All such rights are reserved.

You will retain all rights to company data or other materials uploaded or created by You on or through the Service. By submitting, posting or displaying company data and/or Company content on or through the Service which are intended to be made available to Users or Candidates, You grant Us a worldwide, non-exclusive, royalty-free license to publish and distribute such Company data and/or Company content solely in conjunction with the Service for the purpose of performing Our obligations under this Agreement. You represent and warrant that You have all rights, power and authority necessary to grant the rights granted herein to any such Company data and/or Company content. You enter into the Service and You are responsible for any claims that arise due to the fact that you may infringe any proprietary right (for example copyright).

Devskiller, devskiller.com, the devskiller.com logo, and all other trademarks, service marks, graphics and logos used in connection with devskiller.com, or the Devskiller Service are trademarks or registered trademarks of Devskiller Sp. z o.o. or Devskiller’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Devskiller Service may be the trademarks of other third parties.

Your use of the Devskiller Service grants You no right or license to reproduce or otherwise use any Our or third-party trademarks.

You permit Us, for marketing purposes, to advertise the fact that You use the Service. We may use your name, logo and trademarks in our publicity or marketing materials and You grant Us all rights necessary to do this. You may withdraw this permission at any time by e-mailing a withdrawal request to support@devskiller.com

Copyright Infringement

As We ask others to respect our intellectual property rights, We respect the intellectual property rights of others. If You believe that material located on or linked to by devskiller.com violates your copyright, You are encouraged to notify Us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a User’s access to and use of the Service if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights. In the case of such termination, We will have no obligation to provide a refund of any amounts previously paid to Us.

Transfer the rights

You may not (without our prior written consent) transfer, assign or deal in any other way with this Agreement or your rights or obligations under it.

Governing Law

  1. These Terms shall be governed and constructed in accordance with Polish law.
  2. If a Polish Court deems a provision of these Terms to be unenforceable the remaining provisions shall remain in force.

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. Your continued use of the Service will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
This document was last updated on October 17, 2016