Terms of Service

Introduction

This is an agreement between you or the entity that you represent (hereafter stated as "You" or "the Client") and Throughen Innovations Private Limited (hereafter referred to as "Throughgen" or "We"). This agreement governs your use of Throughgen and all its services. Throughgen provides its service (as defined below) to you through its website located at https://throughgen.com/terms (the "site"), application programming interface (the "API"), or any other web application that Throughgen may offer from time to time, subject to this Terms of Service agreement ("TOS").

Acceptance of the Terms

By accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business, or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority or disagree with this TOS, you must not accept this TOS and may not use the service. Any actions you or any of your employees, consultants, agents, representatives, and users take on the service shall be deemed to have occurred on behalf of your legal entity.

Description of Service

Throughgen provides an array of services for online recruitment screening, skills assessment, psychometric tests, coding Tests, and managing applicants. These services are not meant for personal use. They are strictly meant for business use or for internal business purposes in the organization that you represent. You may connect to the service using any Internet browser supported by Throughgen. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can choose from Throughgen's pre-built templates, create and edit content with your user account and if you choose to do so, you can publish and share such content.

Intellectual Property

This website, including but not limited to questions, assignments, text, content, images, video & audio, is protected by copyrights, trademarks, and other proprietary rights and laws. You agree to abide by all applicable copyright, trademark, and other laws and any additional copyright notices or restrictions contained in the Site.

Subscription to Beta Service

We may offer certain Services as closed or open beta services ("Beta Service" or "Beta Services") for testing and evaluation. You agree that we have the sole authority and discretion to determine the period for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Throughgen will not be liable to you or any third party for any harm arising out of or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Terms that affect your rights, we will provide at least 30 days advance notice of the changes by email to your primary email address. In the event of your subscription cancellation or non-payment, your account will become inaccessible. You may terminate your use of the Services by providing Throughgen a written notice via email within 30 days of being notified of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services. However, in the event of such termination, you will NOT be entitled to a full or pro-rata refund of the unused portion of any prepaid fees. Your continued use of the service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Terms that affect your rights, we will provide at least 30 days advance notice of the changes by email to your primary email address. In the event of your subscription cancellation or non-payment, your account will become inaccessible. You may terminate your use of the Services by providing Throughgen a written notice via email within 30 days of being notified of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services. However, in the event of such termination, you will NOT be entitled to a full or pro-rata refund of the unused portion of any prepaid fees. Your continued use of the service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

User Sign-up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to a) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Throughgen has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Throughgen may terminate your user account and refuse current or future use of any or all of the Services.

Organization Accounts and Administrators

When you sign up for an account for your organization, you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such a third party has assumed an administrator role for your organization. Make sure that you enter into a suitable agreement with such a third party specifying such party's roles and restrictions as an administrator of your organization account.

You are responsible for:

• ensuring confidentiality of your organization account password.
• appointing competent individuals as administrators for managing your organization account, and
• ensuring confidentiality of your organization account password.
• ensuring that all activities that occur in connection with your organization account comply with this agreement.

You understand that Throughgen is not responsible for account administration and internal management of the Services for you.

You are responsible for taking the necessary steps to ensure that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to contact@Throughgen.com, provided that the process is acceptable to Throughgen. In the absence of any specified administrator account recovery process, Throughgen may provide control of an administrator account to an individual providing proof satisfactory to Throughgen demonstrating authorization to act on behalf of the organization. You agree not to hold Throughgen liable for the consequences of any action taken by Throughgen in good faith in this regard.

Personal Information and Privacy

The personal information you provide to Throughgen through the service is governed by Throughgen's Privacy Policy(http://Throughgen.com/privacy). Your decision to use the service indicates your acceptance of the terms of the Throughgen Privacy Policy(http://Throughgen.com/privacy). You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account, and you agree to inform us immediately of any unauthorized use of your user account by email to hello@Throughgen.com or by calling us on any of the numbers listed on http://Throughgen.com/contact-us/. We are not responsible for any loss or damage to you or any third party incurred due to unauthorized access and use of your user account or otherwise.

Communications from Throughgen

The service may include certain communications from Throughgen, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also offer you the option of opting out of receiving newsletters from us. However, you will not be able to opt out from receiving service announcements and administrative messages.

Complaints

If we receive a complaint from any person against you concerning your usage of our Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within ten days of receiving the complaint delivered by us and copy Throughgen in the communication. If you do not respond to the complainant within ten days from the date of our email to you, we may disclose your name and contact information to the complainant to enable the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the ten days time limit will be construed as your consent to the disclosure of your name and contact information by Throughgen to the complainant.

Fees & Payment

The Services are available under subscription plans of various durations. Payments for subscription plans of a duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you cancel your paid subscription plan or inform us 48hours before subscription expiry that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card.

From time to time, we may change the price of any Service or charge for the use of Services that are currently available. Any increase in charges will not apply until the expiry of your current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.

Restriction Of Use

In addition to all other terms and conditions of this agreement, you shall not:

• transfer the Services or otherwise, make it available to any third party
• provide any service based on the Services without prior written permission
• use the third-party links to sites without agreeing to their website terms & conditions
• post links to third-party sites or use their logo, company name, etc. without their prior written permission
• publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity
• use the Services in any manner that could damage, disable, overburden, impair, or harm any server, network, computer system, resource of Throughgen
• violate any applicable local, state, national, or international law
• create a false identity to mislead any person as to the identity or origin of any communication
• engage in any fraudulent or malicious activity
• collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this section
• reverse engineer, decompile or disassemble any software used to provide the Services
• use the Services to transmit any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or contains viruses

Spamming & Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Service for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Disclaimer Of Warranties

You expressly understand and agree that the use of the Services is at your sole risk. The Services are provided on an as-is-and-as-available basis. Throughgen expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Throughgen makes no warranty that the Services will be uninterrupted, timely, secure, or virus-free. Use of any material downloaded or obtained through the use of the Service shall be at your own discretion and risk. You will be solely responsible for any damage to your computer system, mobile telephone, wireless device, or data that results from the use of the Services or the download of any such material. No advice or information, whether written or oral, obtained by you from Throughgen, its employees, or representatives shall create any warranty not expressly stated in the TOS.

Limitation Of Liability

You agree that Throughgen shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use or inability to use the service, even if Throughgen has been advised of the possibility of such damage. In no event shall Throughgen's entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

Indemnification

You agree to indemnify and hold harmless Throughgen, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines, and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the TOS, or any other claim related to your use of the Services.

Arbitration

Any controversy or claim arising out of or relating to the TOS shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Throughgen may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of you or Throughgen pending the completion of arbitration.

End Of Terms Of Service

If you have any questions or concerns regarding this agreement, please contact us at hello@Throughgen.com.