Terms of Service

1. Acceptance of Terms

By accessing or using Evalingo's AI-powered language assessment platform ("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 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

Evalingo provides an AI-powered language assessment platform that evaluates candidates' speaking and writing abilities using the Common European Framework of Reference for Languages (CEFR). Our Service includes:

• Creation and administration of language assessments
• AI-powered scoring of audio and written responses
• Generation of CEFR proficiency reports
• API integration with applicant tracking systems (ATS)
• Administrative dashboard for managing assessments

3. Account Registration

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

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Attempt to manipulate or game assessment results
• Share assessment content or questions with unauthorized parties
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any systems
• Use automated systems to access the Service without permission
• Collect or harvest user data without consent

5. Assessment Integrity

Organizations using our Service for candidate assessments agree to:

• Inform candidates that assessments are AI-scored
• Use assessment results as one factor in hiring decisions, not the sole determinant
• Comply with applicable employment and anti-discrimination laws
• Provide candidates with information about how to request accommodations
• Not share assessment questions or content outside authorized use

6. Intellectual Property

Our Content: The Service, including all content, features, and functionality (software, text, images, audio, and design), is owned by Evalingo and protected by copyright, trademark, and other intellectual property laws.

Your Content: You retain ownership of assessment responses submitted through the Service. By using the Service, you grant us a license to process, analyze, and store this content as necessary to provide the Service.

Feedback: Any feedback, suggestions, or ideas you provide may be used by Evalingo without obligation to you.

7. Subscription Plans and Billing

7.1 Subscription Plans

Evalingo offers subscription plans that provide a monthly allocation of assessment credits. Details of available plans and pricing are displayed on our platform. By subscribing to a plan, you agree to pay the applicable fees for the billing cycle selected.

7.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. Upon renewal, your payment method will be charged at the then-current rate for your plan, and your monthly credit allocation will be reset. You may cancel auto-renewal at any time through the billing portal; cancellation takes effect at the end of the current billing period.

7.3 Assessment Credits

Each subscription plan includes a monthly allocation of assessment credits. Credits are consumed when an assessment is started. Additional details:

• Subscription credits reset each billing cycle. Unused subscription credits do not roll over to the next period.
• Purchased credit packs are available as one-time purchases for subscribers and do not expire.
• When credits are consumed, subscription credits are used first, followed by purchased credits.
• Credits have no cash value and are non-transferable between organizations.

7.4 Payment Processing

All payments are processed securely by Stripe, Inc., our third-party payment processor. By providing your payment information, you agree to Stripe's Terms of Service and Privacy Policy. Evalingo does not store your full credit card number or payment credentials on our servers.

7.5 Pricing Changes

We may change subscription pricing or credit pack pricing at any time. For active subscribers, price changes take effect at the start of the next billing cycle following at least 30 days' notice via email. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

7.6 Failed Payments

If a payment fails, we (or our payment processor) may retry the charge. If payment cannot be collected after reasonable attempts, we may suspend or downgrade your account until the balance is resolved. You remain responsible for any uncollected amounts.

7.7 Refunds

Subscription fees and credit pack purchases are generally non-refundable. If you cancel your subscription, you will retain access to your plan through the end of the current billing period but will not receive a prorated refund for the remaining time. Exceptions may be made at our sole discretion for billing errors or service issues. Refund requests should be directed to support@evalingo.ai.

7.8 Taxes

All fees are exclusive of applicable taxes (including sales tax, VAT, or GST) unless otherwise stated. You are responsible for all taxes associated with your use of the Service, except for taxes based on Evalingo's income.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency repairs or updates
• Circumstances beyond our reasonable control

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

While we strive for accurate AI scoring, assessment results are provided as a tool to assist in evaluation and should not be the sole basis for employment decisions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVALINGO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EVALINGO IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Evalingo and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Termination

By You: You may cancel your subscription at any time through the billing portal. Cancellation takes effect at the end of the current billing period. You may also request full account deletion by contacting support@evalingo.ai.

By Us: We may suspend or terminate your access to the Service immediately if you violate these Terms, engage in fraudulent activity, or fail to pay applicable fees. We may also terminate accounts with 30 days' notice for any other reason.

Effect of Termination: Upon termination or account cancellation:

• Your right to use the Service ceases immediately (or at the end of the billing period for voluntary cancellation).
• Unused subscription credits and purchased credits are forfeited and are not refundable.
• Assessment data may be retained for a limited period in accordance with our Privacy Policy.
• We may delete your data after a reasonable retention period following termination.

Sections regarding intellectual property, limitation of liability, indemnification, governing law, and any accrued payment obligations survive termination.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or through the Service. Continued use after changes constitutes acceptance of the modified Terms.

15. Contact Information

For questions about these Terms, please contact us:

Evalingo Inc.
Email: legal@evalingo.ai