Terms of Service

1. Definitions & Corporate Entity

Throughout these Terms, capitalized terms shall have the designated meanings set forth below:

2. Scope of Services & Uptime SLA

During the applicable Subscription Term, ConceptNinjas grants you a non-exclusive, non-transferable right to access and utilize the Subscription Services in accordance with your executed Order Form.

• Service Availability: We target 99.9% platform availability, excluding scheduled maintenance windows announced in advance.
• Cloud Infrastructure: Assessments are hosted in containerized micro-environments engineered for high concurrency and sub-second compiler execution.
• Customer Support: Technical support is delivered via in-app channels and email (info@conceptninjas.com) based on your tier's specified response time SLAs.

3. Acceptable Use & Evaluation Integrity

You agree to use our services in compliance with all applicable local, national, and international laws. Specifically, Customers and Candidates shall not:

• Reverse engineer, decompile, or attempt to extract source code from our sandbox compilers, test runners, or proctoring models.
• Circumvent or tamper with AI proctoring, webcam telemetry, audio detectors, or copy-paste restrictions.
• Inject malicious scripts, viruses, denial-of-service attacks, or unauthorized penetration test probes into sandbox environments.
• Scrape, publicly publish, or redistribute ConceptNinjas proprietary question banks or scenario codebases.
• Impersonate another individual or deploy proxy test-takers during assessment sessions.

Violation of acceptable use provisions may result in immediate suspension or termination of access without liability.

4. Fees, Invoicing & Payments

Subscription Fees are determined by your selected plan or custom enterprise Order Form:

• Payment Terms: Invoices are payable in advance on an annual or monthly schedule as specified in your agreement.
• Taxes: All fees are exclusive of applicable taxes, GST, VAT, or withholding taxes, which shall be added to the invoice where required by law.
• Overages & Tier Upgrades: Candidate test invitations or active recruiter seats beyond contract limits will be billed at the agreed per-unit rate.
• Non-Refundability: Except as explicitly provided in an executed Order Form, fees paid are non-refundable once the subscription term has commenced.

5. Intellectual Property & Private Tenant IP Guarantee

We maintain clear, unambiguous boundaries regarding intellectual property:

6. Confidentiality & Data Privacy

Each party agrees to maintain the strict confidentiality of all proprietary or sensitive information disclosed during the relationship:

• Confidential Information: Includes business terms, technical architectures, candidate performance reports, and non-public product roadmaps.
• Data Processing: All processing of candidate personal data is performed in compliance with our Privacy Policy and applicable GDPR / ISO 27001 data protection covenants.

7. Term, Renewal & Termination

The subscription commences on the start date specified in the Order Form and continues for the agreed commitment term:

• Auto-Renewal: Subscriptions automatically renew for successive equivalent terms unless either party gives written notice of non-renewal at least 30 days prior to the expiration date.
• Termination for Cause: Either party may terminate immediately if the other materially breaches these Terms and fails to remedy such breach within 30 days of written notice.
• Effect of Termination: Upon termination, access to the platform ceases. Customers may export candidate evaluation records within 30 days, after which data is purged per retention policies.

8. Disclaimers & Limitation of Liability

9. Governing Law & Dispute Resolution

These Terms shall be governed, construed, and enforced in accordance with the substantive laws of India, without regard to conflict of law principles:

• Arbitration: Any dispute, controversy, or claim arising out of or relating to this agreement shall be settled through binding arbitration conducted in Pune, India, under the provisions of the Arbitration and Conciliation Act, 1996.
• Jurisdiction: Subject to the arbitration clause, the courts located in Pune, Maharashtra, India, shall have exclusive territorial jurisdiction over any legal proceedings.

10. Miscellaneous & Legal Notices

These Terms, together with any executed Order Forms and the Privacy Policy, constitute the entire agreement between the parties: