Tengai Terms of Service
Last updated March 28, 2023
Acceptance of Terms of Service
Welcome to the Tengai recruiting software, hereinafter referred to as the “Service”. These terms of service (“Terms”) outline the agreement between you (“user”) or the organization you represent (“client”) and the Service Provider (“Tengai”), regarding the use of the Service. Please read these Terms of Service carefully. By accessing, opting in to, or using the Service you accept and agree to be bound by these Terms.
If you do not agree to these Terms, or do not want to be bound to the Terms, you should not access or use the Service. You understand, agree, and acknowledge that these Terms constitute a legally binding agreement and that your use of the Service indicates your conclusive acceptance of this legally binding agreement.
Description of the Service
Our Service is a cloud-based software for recruitment purposes, using conversational technology and 3D animation for mainly communicating, screening, and handling initial conversations and input from candidates. The Service allows Users to manage Assignments, Candidates, Screening questions, Personality Assessments, Behaviour Assessments, Communication, and other recruitment-related activities. The Service may also offer additional features and integrations, subject to Tengai’s discretion.
User- and Client Account
You understand that as a user you are required to create an account with the Service to access and use the features. Users are responsible for maintaining the confidentiality of their account information, including usernames and passwords. Users are also responsible for all activities that occur under their account.
Users retain ownership of all content uploaded to the Service, including but not limited to assignments, candidate data provided by the user, and user evaluation data. The User grants Tengai a non-exclusive, worldwide, royalty-free license to use, store, and distribute user content solely for the purpose of providing the service.
Provision of Services; Restrictions
You agree that Tengai ab (“Tengai”) is entitled to modify, improve or discontinue any portion of the Service and its sole discretion and without notice to you, even if any modification, improvement, or discontinuance prevents you from being able to access the Service or related information. You also agree that Tengai is entitled to: provide the Services to you through subsidiaries or affiliated entities, and make the Service accessible to you as a service provider for an organization with whom you wish to engage for recruitment purposes.
By using the Service, you agree to only use the Service for lawful purposes and in compliance with applicable laws and not use the Service for any unlawful purpose, or purpose prohibited by these Terms. You may not use the Service in a way that could impair, damage, overburden, or disable Tengai’s network. Probing, scanning, or testing the vulnerability of any part of the Service is not permitted. You may not use hacking, password mining, or other methods to gain access to the Service. Attempting to obtain information that is not intentionally made available to you on or via the Service is prohibited. You are prohibited from posting, transmitting, or distributing any content that is illegal, defamatory, abusive, or otherwise objectionable.
Tengai has the right to investigate suspicious activity or occurrences and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such activity or occurrences. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service.
Proprietary rights, Intellectual Property
You agree that the Service may contain proprietary and confidential information including trademarks, service marks, content, and patents protected by intellectual property laws and international intellectual property treaties. Such content may not be sold, reproduced, modified, or distributed without Tengai’s written permission. Any third-party trademarks, service marks, and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved to Tengai.
Payment, Fee, and Subscription
The Service may be provided through a subscription of the Service or from time to time fixed or flexible price-model based on the usage of the Service. Users may choose to subscribe to the Service for a specific period of time and pay a recurring fee. Users will be charged for the Service based on the pricing and billing cycle provided on the Tengai website.
Tengai may also offer customized pricing and subscription options based on the client’s specific needs and requirements. Such pricing and subscription options will be outlined in a separate agreement between Tengai and the client.
Fees for the Service are invoiced in advance and payments are due thirty (30) days from the date of invoice. If all undisputed invoices are not paid when due, Tengai reserves the right to recover costs of collection of undisputed invoices and upon reasonable notice suspend access to the Services until payment is current. Upon acceptance of the terms, you agree to provide Tengai with the information necessary to carry out the invoice.
Termination and Suspension
Tengai reserves the right to terminate or suspend a user’s access to the Service at any time and for any reason, without notice. Upon termination, the User’s account and all associated data may be deleted by Tengai. Tengai shall not be liable for any damages resulting from the termination or suspension of a User’s account.
Disclaimer of Warranties
You understand and agree that the use of the Service is at your own risk and that the Service is provided “As Is” and “As Available” and without warranty of any kind, either express or implied. Tengai makes no representation or warranties regarding the Service’s availability, reliability, or suitability for any purpose. Tengai shall not be liable for any damages resulting from the use or inability to use the Service.
Limitation of Liability
You understand and agree that Tengai or its subsidiaries or affiliates shall not be liable for any damages, in any event, including but not limited to direct, indirect, incidental, or consequential damages, or exemplary damages, arising out of or in connection with the use of the Service. The User agrees to indemnify and hold Tengai harmless from any claims, losses, or damages arising out of or in connection with the User’s use of the Service.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Sweden, except where otherwise required by law. Any dispute arising out of or in connection with these Terms shall be resolved in the courts of Sweden.
You agree that the above Terms constitute the entire agreement between you and Tengai with respect to the subject matter of these Terms
Changes to the terms
Tengai reserves the right to modify these Terms from time to time at our sole discretion and without notice. Changes to our Terms become effective on the date they are posted, and your continued use of any portion of the Services after any changes to the Terms will, on its own, signify your agreement to be bound by them.