Modified on: November 10, 2023
Terms of Service
DEFINITIONS
Account – a dedicated space for a company within Codeaid to access and use the Service.
AI Interviewer – a Codeaid feature that facilitates autonomous AI interviews of Candidates as part of the recruitment process.
Candidate – anyone who is invited to take a Challenge or Interview.
Challenge – a test that can be given to a Candidate to test his/her skills.
Codeaid – a SaaS (a software as a service) application used to test the skills of a developer as part of a recruitment or training process.
Enterprise Account – an Account for which the Organization User pays an annual subscription fee which provides for an unlimited number of invites to take Challenges, all Codeaid features and other additional premium Services subject to fair use policy as defined below. The pricing tier for the Enterprise Account may be adjusted at renewal time based on the average monthly usage of invitations over the previous annual billing period.
Free Account – an Account that is used by an Organization User free of charge and has certain limits of functionality and options as stated on the Codeaid website. Features may include the following, but not limited to, a limited number of users and candidate invites per month, the option to purchase Invite Credit Packs, access to a selection of challenges from the challenge library, and restricted language & framework options. Codeaid reserves the right to adjust these limitations with advance notice.
Interview – A structured process facilitated by the ‘AI Interviewer’ feature of Codeaid, designed to evaluate and interact with candidates during the recruitment phase.
Invite CreditPack – a paid additional pack of invitations of Candidates to take Challenges or Interviews in excess of the invitations amount stipulated by the Account subscription plan.
Organization User – a user who has registered for accessing the Account and was assigned with one of the following organization roles:
1. organization owner – has full rights and no limitations to use the Account;
2. organization admin – has the same rights as an organization owner with some limitations including, but not limited to billing & subscription, and the management of the beta program.
3. organization recruiter – has the same rights and limitations as an organization admin, and cannot manage an Organization User;
4. organization reviewer – has the same rights and limitations as an organization recruiter, but also cannot invite Candidates and cannot access other Candidates, except the Candidate assigned for review.
Privacy Policy – privacy policy which sets forth terms and conditions of personal data processing.
Teams Account – an Account which the Organization User pays a monthly or annual subscription fee, and which has certain limits of functionality and options as stated on the Codeaid website. Features may include a certain number of users and candidate invites per month, advanced features such as Feedback & Fix, Manual Grading, and Time Limit Extensions, the ability to purchase various Invite Credit Packs, access to the complete challenge library, and support for all languages and frameworks.
BEFORE YOU USE THE SERVICE AND CREATE AN ACCOUNT AS AN ORGANIZATION USER OR TAKE A CHALLENGE OR TAKE AN INTERVIEW AS A CANDIDATE, PLEASE READ THIS DOCUMENT CAREFULLY AS YOU HEREINAFTER ASSENT TO ITS CONTENTS AND BINDING NATURE.
1. Scope of Terms
1.1. Codeaid provides Organization Users with a recruitment process by offering Challenges and Interviews to effectively evaluate Candidates. The software is created, owned, and licensed by Scopic, Inc. (“Scopic”).
1.2. Codeaid provides a Software as a Service (SaaS) application for Organization Users to:
(I) invite Candidates to take a Challenge; and
(II) have the Challenge completed by a Candidate; and
(III) receive the results of the Challenge from Codeaid; and
(IV) conduct Interviews with Candidates, including via the AI Interviewer (the “Service”).
1.3. Before you use, or otherwise access, Codeaid, you must read these Terms of Service (“Terms”) carefully. These Terms constitute a legally binding agreement between you and/or the organization you represent and applies to your sole usage of Codeaid and/or usage of Codeaid on behalf of your organization.
1.4. Codeaid is not available for persons under the age of eighteen (18) years old. By using Codeaid, you represent and warrant that you are at least eighteen (18) years old, and that you are legally capable of entering into binding contractual obligations under the prevailing laws of your jurisdiction. Additionally, you also certify and affirm that you are not prohibited from obtaining Codeaid’s services under the laws of the United States of America or another applicable jurisdiction (whether due to sanctions or otherwise).
You may not use Codeaid if your Account was terminated by Scopic or registration of your Account was denied. Codeaid is intended to be used, and an Account may only be created by companies that need to test technical skills as part of a hiring, training or other valid business purpose. The use of a business email address to sign up is preferrable, however, the use of a personal email address for limited access must be requested and will be considered based on requested information.
Scopic reserves the right to refuse the registration of an Account as well as the right to cancel or restrict access to an Account for anyone for any reason in Scopic’s reasonable discretion at any time.
To avoid any doubt, Scopic may deactivate your Account if you are not complying with these Terms, or if you use the Services in any way that may cause us legal liability, disrupt other user’s use of Codeaid, damage our business or reputation, or interfere with the potential success of the application. If we deactivate your Account, you will be notified via email. If your account is deactivated and you have any questions or comments, you can reach out to us by emailing contact@codeaid.io.
1.5. The Account is created by an Organization User with a selected role and is accessed via a username (email) and password that you must create. You are entirely responsible for keeping your information accurate, complete and updated, and your Codeaid account, username, and password confidential. You agree to notify Codeaid immediately if you suspect any unauthorized use of your account, or access to your password, or breach of security. You shall not allow any other person to use your username and password to access the Account and use the Service. You accept responsibility for any activities or actions that occur under your account and agree to hold us harmless for any loss and/or damage arising from your failure or inability to keep your username and password secure and confidential, or to provide us with complete and accurate information or from theft of, your disclosure of, or your allowing another person to use your username and password.
1.6. If you are accepting these Terms on behalf of a legal entity, you represent and warrant that you have full authority to bind such entity to these Terms, and references to “you” or “your” refer to both the individual end-user and the entity you represent.
1.7. BY USING CODEAID, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THESE TERMS AND ACCEPT THEM. SHOULD YOU DECIDE TO REFUSE TO BE BOUND BY THESE TERMS FOR WHATEVER REASON AB INITIO, YOU SHALL HAVE NO LEGAL RIGHT TO CREATE AN ACCOUNT AND USE CODEAID. SHOULD YOU DECIDE NOT TO BE BOUND BY THESE TERMS ANY LONGER AFTER YOU BECAME A USER OF, AND STARTED USING CODEAID, YOU SHALL IMMEDIATELY CEASE USAGE AND HAVE NO FURTHER RIGHT TO USE CODEAID. TO AVOID ANY DOUBT, YOU MAY NOT ACCESS AND USE CODEAID IF YOU DO NOT AGREE TO THE VERSION OF THE TERMS POSTED AT THE TIME YOU ACCESS CODEAID.
1.8. YOUR USE OF CODEAID IS SUBJECT TO OUR PRIVACY POLICY.
2. License
2.1. Subject to your compliance with these Terms, Scopic grants you a limited, non-exclusive, revocable, non-transferable, non-redistributable license to access and use Codeaid for your personal or business use. Scopic reserves any and all rights not expressly granted herein.
2.2. Scopic may, but is not required to, provide any updates, enhancements, modifications, revisions, or additions to Codeaid. Any such updates will be subject to these Terms and the Privacy Policy (as amended, as the case may be).
2.3. Should you violate, fail to comply with, or act inconsistently with the letter and spirit of these Terms and the Privacy Policy at any time, Scopic reserves the right to immediately limit, restrict or terminate access to Codeaid, terminate this license with immediate effect, and delete your Account and content in your Account, and to bring legal action, as defined in clause 11.1. below. Such a decision will be made at Scopic’s sole discretion.
3. Limitations of use and Warranties
3.1. You may not try to reproduce, modify, create derivative works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise use Codeaid except as expressly permitted by the license granted under these Terms.
3.2. You shall not reverse engineer, reverse compile, or disassemble the object and/or source code.
3.3. You shall maintain and not remove or obscure any proprietary notices on Codeaid.
3.4. While the limits for sending invites to Candidates for each subscription plan are set forth on https://codeaid.io/pricing/. Scopic reserves the right to adjust these limits and provide fair use of Services to all Users.
3.5. You acknowledge and agree that the AI Interviewer and associated AI services utilized by Codeaid are confidential. Any aspects, features, details, mechanisms, algorithms, or underlying technologies associated with these services shall not be disclosed, disseminated, or made accessible to any third party without the prior written consent of Scopic.
3.6. You warrant that you legally own or have other exclusive rights to the information, data and materials you post on your Account and that you will not use Codeaid:
(I) to infringe the intellectual property rights of any third party;
(II) to violate the rights of candidates, including their rights to privacy, fair treatment, and non-discrimination;
(III) to violate any local, state, national, or international applicable laws;
(IV) to use the Service in a discriminatory, abusive or excessive manner, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others during use of these Services. Nor shall you publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful. Scopic is not responsible for any content and templates you create or modify;
(V) to create and utilize any software, including robots, spiders, or other automatic devices, processes, or data gathering or extraction methods, on top of Codeaid to crawl, scrape, index, or use data generated, aggregated, or displayed by Codeaid for any purpose;
(VI) to disseminate any software viruses or any other computer code, files, or programs that may interrupt, destroy or limit the functionality of Codeaid;
(VII) to impersonate or attempt to impersonate Codeaid or Scopic, their employees, another user, or any other person or entity;
(VIII) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
(IX) to use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;
(X) to use any device, software, or routine that interferes with the proper working of Codeaid;
(XI) to attempt to interfere with the intended functioning of Codeaid in any way including, but not limited to, providing inappropriate content before or during the Interviews, generating fraudulent Interviews to incur costs or overload the AI Interviewer, employing programmatic means to conduct interviews, and creating multiple accounts to circumvent subscription fees; or
(XII) abuse using Codeaid in any other way.
4. Free use and paid services
4.1. Free use
4.1.1. Upon registering for a Free Account, use of basic functionalities of Codeaid is free of charge. Scopic reserves the right to cease free use offering at any time and may transition to solely offering paid use. In the event of such a change, we will notify you thirty (30) days in advance, either through email or within the application itself. If you choose not to use paid services, your access to Codeaid will terminate upon the expiration of the 30-day notice period.
4.2. Paid use.
4.2.1. An Organization User may subscribe to a Teams Account.
4.2.1.1. A Teams Account has a free trial period of fourteen (14) days which is made available for the limited use of the Services (“Trial Offer“) to new customers who provide valid payment information, such as a credit card or PayPal account (“payment method”). If you choose to start a Trial Offer by clicking the “Start Free trial” button, you will automatically join the paid Teams Account membership at the end of the Trial Offer and you authorize Scopic to charge your payment method a recurring monthly membership fee or annual membership fee, as applicable. You may cancel your trial offer at any time in the application or on contact@codeaid.io.
4.2.1.2. Teams Account subscriptions cannot be downgraded. They can only be cancelled. A cancelled subscription takes effect at the end date of the current subscription period and the subscription fee is not refunded. Your cancelled Teams Account will be downgraded to a Free Account at the end of the subscription period, and you may further benefit from using a Free Account.
4.2.1.3. Teams Account subscription can be upgraded to Enterprise Account by contacting contact@codeaid.io with immediate effect upon our approval and effectuation of your payment.
4.2.2. Organization User may subscribe for an Enterprise Account.
4.2.2.1. Enterprise Account subscribers can downgrade to the Teams Account. However, this downgrade will only occur at the end of the running subscription period upon renewal.
4.2.2.2. A cancelled subscription takes effect at the end date of the current subscription period and the subscription fee is not refunded. Your cancelled Enterprise Account will be downgraded to Free Account at the end of the subscription period, and you may further benefit from using Free Account.
4.3. Payment method
4.3.1. To ensure uninterrupted Services and to enable you to conveniently purchase Services, you will need to update (e.g., upon expiration) your payment method on file. In the event of an online payment failure, the system will undertake three (3) attempts to process the payment, respectively on the 1st day, the 4th day, and the 9th day after the failed payment. If Scopic is unable to charge your designated payment method due to invalidity of credit card/PayPal information invalidity, absence of funds, expiration or exceeding of credit limits or any other such reasons, we reserve the right to automatically downgrade your paid plan to a lower-priced plan or to suspend your paid membership until your designated payment method can be charged again. Please note that it is your responsibility to maintain current billing information on file with Scopic.
4.3.2. For Enterprise Account payment, terms will be Net 30. If the payment is overdue by more than ten (10) days, we reserve the right to downgrade your Enterprise Account to a Free Account.
4.3.3. Any downgrade of Accounts due to non-payment may adversely affect Candidates then-taking Challenges as well as other usage of Services. Codeaid and Scopic are not responsible for any effects resulting from functionality that is no longer available due to the downgrade.
4.4. Autorenewals
4.4.1. By subscribing to an Account, you are authorizing Scopic to charge your payment method a recurring monthly membership fee or annual membership fee, as applicable according to the type of your Account subscription. For annual subscription plans, reminders will be sent 30, 10, and 5 days before the end of the respective period, whereas for monthly subscriptions, the reminder will be sent 5 days before the end of the period.
4.4.2. We reserve the right to periodically adjust our pricing. Any changes will apply immediately to new users. Existing users will be notified of the changes, and such changes will take effect one year upon the date of the price adjustment.
4.5. Invites
4.5.1. Subscription Invites
4.5.1.1. If the candidate starts the Challenge/Interview, then the invite is consumed, and it cannot be reclaimed.
4.5.1.2. If the candidate did not start the Challenge/Interview and the Challenge/Interview was cancelled or expired, then the invite is reclaimed.
4.5.1.3. If the invite is made in one month but the expiration or cancellation occurs in another month, then the invite cannot be reclaimed.
4.5.2. Invite credit packs
4.5.2.1. An Invite is consumed when
(I) A Candidate is invited to take a Challenge/Interview, and starts the Challenge/Interview; or
(II) A Candidate is given a Challenge/Interview extension, and starts the Challenge/Interview; or
(III) A Candidate is invited to Feedback & Fix and starts the Feedback & Fix stage.
4.5.2.2. An Invite is reclaimed when
(I) A Candidate did not start the Challenge/Interview, and the Challenge/Interview was cancelled or expired; or
(II) The Invite is made in one month, but the expiration or cancellation occurs in another month.
4.5.2.3. If you use a Free or Teams Account, a subscription invite credit will be used before using a credit from a credit pack.
4.5.2.4. Invites bought using Invite Credit Packs do not expire due to cancellation or downgrade of Account subscription plan. If the Account is deactivated, Invite Credit Packs will be lost and cannot be restored if the account is reactivated at a later stage. Also, on upgrading to Enterprise Account, Invite Credit Packs will be lost as Enterprise Account members receive unlimited Invites per month.
5. Communications
5.1. By entering these Terms or using Codeaid, you agree to receive communications from Scopic for marketing and non-marketing purposes. You may request to opt out of receiving any marketing communication by selecting the “unsubscribe” option in the email communication or by contacting Scopic at contact@codeaid.io.
5.2. Any copyright infringement notices, and requests connected with consumer protection regulations can be sent to legal@scopicsoftware.com and/or contact@codeaid.io.
6. Support
6.1. We will reasonably endeavor (but in no way guarantee) to maintain the Service operational 24 hours a day/7 days a week, except for:
(i) planned downtime (which will be communicated on the website with reasonable prior notice); or
(ii) any unavailability caused by circumstances beyond Scopic’s control, including but not limited to declared or undeclared war, fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, epidemics, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third-parties, or any other force majeure event; or
(iii) server hardware failure; or
(iv) hacker attacks; or
(v) the unpredictable outputs arising from AI-driven features of the Service, or any other such circumstances beyond our control.
6.2. Support services are provided for Organization Users. However, some such services may be subject to additional fees. If any support services are subject to a fee, you will be notified before the support service is provided.
6.3. To request support, please write to contact@codeaid.io. We will make our best effort to provide support within a reasonable time frame. Priority will be given to paid customers and customers that are having a trial period; however, there are no warranties with regards to the response/resolution time.
7. Intellectual property rights and use of content
7.1. Codeaid, along with the services it offers, including the application itself and all intellectual property rights contained therein, is the property of Scopic, or is licensed to Scopic, unless specifically stated otherwise in these terms. You may not copy, imitate, or use any intellectual property, including logos, trademarks, industrial designs, know-how, or any information or data, without the prior written consent of Scopic.
7.2. Scopic is the owner or licensee of all intellectual property rights of any material written or published on Codeaid subject to the following limitations:
Challenges
7.2.1. If you use a Free Account, Scopic’s ownership includes, but is not limited to all Challenge results and content (including source code) produced by a Candidate during performance of a Challenge. All such rights are reserved, and no rights are granted or transferred hereunder except to the extent expressly licensed under these Terms of Service. However, you solely own data contained in the messaging on Codeaid.
7.2.2. In case the Scopic’s ownership of Scopic to Challenge results and content is vacated by a US court or arbitration proceedings, it is deemed that from the time you have first used Codeaid you have, by submitting or writing any material on Codeaid, granted Scopic a non-exclusive, perpetual, royalty-free, unencumbered, worldwide, transferrable and irrevocable license to use such content (including Challenge results and source code) in connection with providing the functionality of the Service.
7.2.3. If you use a paid Account, you are the owner or licensee of all intellectual property rights to all Challenge results and content (source code) produced by a Candidate during performance of a Challenge. However, you grant Scopic a non-exclusive, perpetual, royalty-free, unencumbered, worldwide, transferrable and irrevocable license to use such content for future improvements/features/products/functionalities.
7.2.4. By creating your Account, accepting an invite to take a Challenge, submitting your Challenge assignment or writing any material on Codeaid, you acknowledge and agree to the ownership and licensing stipulations detailed in these terms.
Interviews
7.2.5. By conducting or participating in Interviews, you grant Codeaid a non-exclusive, royalty-free, unencumbered, worldwide license to access, use, store, and reproduce the questions and answers solely for the purpose of conducting, evaluating, training, and to use such content for future improvements/features/products/functionalities. This includes, but is not limited to, the right to use anonymized and aggregated data for statistical analysis, machine learning, and enhancing the functionality of the AI Interviewer.
7.2.6. Candidates retain intellectual property rights to their answers provided during Interviews. Codeaid claims no ownership or copyright over them.
7.2.7. We bear no liability for any copyright infringement committed by the Organization Users or Candidates in their submissions. These parties are solely responsible for ensuring that their submissions do not infringe on the rights of any third party.
7.2.8. Candidates’ resumes and any and all personal data therein are used solely for the purposes of conducting the interview and are not used for any other purposes. We may use anonymized information derived from CVs for analysis and future improvements/features/products /functionalities.
7.2.9. Candidates grant Organization Users the right, in using the AI Interviewer, to use the information provided by Candidates for the purposes of running the AI Interviewer, and for Organization Users to take a webcam screenshot of Candidates during an interview. Scopic cannot be held responsible or liable for any actions or decisions arising from the use of this information or webcam screenshots.
7.2.10 Users acknowledge that Codeaid is not capable of discerning or eliminating inappropriate images and cannot guarantee that a clear and identifiable depiction of the Candidate’s face will be captured via webcam. The users further acknowledge that the webcam screenshot feature does not constitute a guarantee against the occurrence of identity fraud and is intended solely to provide additional information to the Organization User.
7.3. We do not sell, trade, or rent data provided by the Organization User or Candidate to advertising companies.
7.4. We may collect, process and share or sell anonymized demographic information not linked to any specific information regarding any Candidate/s or Organization User/s, or aggregated or individual Challenge/Interview results to third parties.
7.5. You agree we may access, collect, analyze any information contained in your Account or placed on Codeaid, including information contributed by Candidates you invite, to develop patches, make bug fixes, make future improvements/features/products/functionalities.
7.6. You may not request Scopic to delete your Account, any content on your Account, Challenge/ Interview results (including source code provided by Candidates) or request that your non-personal data is ever deleted upon the termination of this agreement unless you are a resident of California or Ilinois.
7.7. By proposing any feedback to Codeaid, including but not limited to, improving the performance and functionality of Codeaid, e.g. submitting bug reports and/or identifying errors, proposals for modifications and/or enhancements, comments, you hereby grant Scopic a perpetual, irrevocable, nonexclusive, royalty-free, sub-licensable license to all rights necessary to incorporate and use your feedback for any purpose. You hereby agree that you provide your feedback with no compensation from Scopic, and your feedback is gratuitous, unsolicited and without restriction. You also hereby agree that that any derivatives from your feedback (such as improvements and or new functionality, etc.) will be solely owned by Codeaid/Scopic and the latter will have exclusive intellectual property rights over such derivative works. Scopic also does not waive any rights to use similar ideas and/or propositions developed by its employees, contractors, consultants, or known to Scopic previously, or received from other sources. If you do not agree with the rules stipulated above, you shall not provide your feedback.
7.8. Codeaid respects others’ intellectual property rights. If you believe that any content on Codeaid infringes your copyright, you may submit a notification to legal@scopicsoftware.com and contact@codeaid.io pursuant to the United States’ Digital Millennium Copyright Act (“DMCA”). Such notification must be in writing and contain the following:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
(ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(iii) identification of the URL or other specific location on Service where the material that you claim is infringing is located;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
8. Third-party Integrations and AI Limitations
8.1. Codeaid may contain software licensed to Scopic by third parties, including but not limited to open-source software.
8.2. We may use third-party service providers to monitor and analyze your use of the Service.
8.3. We reserve the right to use third-party services to record Organization Users’ and Candidate’s use of the Website or application.
8.4. AI Interviewer relies on third-party AI services, and we cannot be held responsible for any delays or outages caused by these external services.
8.5. Codeaid’s AI grading does not warrant to be a full replacement for manual candidate assessment or grading. Codeaid’s assessments are intended to complement, not replace, the hiring decision-making process, and it is often prudent to incorporate human reviews of AI assessments and gradings.
8.6. Due to the non-determinable nature of AI features, both the output, and the format of the output of AI Interviewer could change in ways that may cause Codeaid to fail or deliver unexpected results. Such variability may affect the reliability of Codeaid and Scopic may not be held responsible for such occurrences.
8.7. Codeaid does not offer a method for detecting the use of AI by Candidates.
8.8. We reserve the right to add or remove AI services in the future for optimizing Codeaid. Changes may be implemented without prior notice.
9. Trademarks
9.1. Users may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on or in Codeaid. Users are not granted any rights to any trademarks or service marks of Scopic by using Codeaid.
10. Termination
10.1. Scopic may terminate this Agreement at any time, in case of your breach of the Agreement, violation of applicable laws, providing inaccurate information or becoming a person barred from receiving services by US companies with a written notice which has immediate effect.
Scopic may terminate the Agreement with you at any time for no reason with thirty (30) days notice.
10.2. You may terminate this Agreement with Scopic for any or no reason at any time with a written notice which has immediate effect. If you have a paid Account, you will need to downgrade to a Free Account and then deactivate your Account.
10.3. Upon the termination of the Agreement, the access to your Account will be terminated and we reserve the right to delete your Account and Content, and any/all licenses granted by Scopic to you will be terminated. We shall retain in perpetuity any license provided by you to Scopic on any Content posted on your Account upon the termination of this Agreement.
11. Governing law and dispute resolution
11.1. Any controversy or claim arising out of or relating to these Terms, or a breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, parties may assert individual claims in small claims court if their claims qualify.
11.2. The number of arbitrators shall be one for claims with damages and/or loss sought not exceeding USD 200,000. For claims with a relief sought equivalent to USD 200,000 and more, the number of arbitrators shall be three.
11.3. The place of arbitration shall be Boston, MA, USA. The language to be used in the arbitral proceedings is to be English.
11.4. These Terms shall be construed in accordance with, and governed by, the substantive law of the Commonwealth of Massachusetts in the United States.
11.5. Each party shall bear its own costs, irrespective of the outcome of the dispute. The decision issued by the American Arbitration Association in accordance with its Arbitration Rules shall be full, final, and binding on both parties, and the parties hereby revoke any right to appeal such a decision.
11.6. THE PARTIES AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS, AND EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11.7. User and Scopic hereby irrevocably agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to use of the Service or Agreement, must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.
12. No warranty
12.1. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, CODEAID IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND SCOPIC DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED.
12.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCOPIC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
12.3. SCOPIC DOES NOT WARRANT THAT CODEAID IS ERROR-FREE, FREE OF VIRUSES, AVAILABLE AT ALL TIMES/LOCATIONS, AND WITHOUT INTERRUPTION AND THAT ANY OPERATIONAL DEFECT WILL BE CORRECTED. SUBSEQUENTLY, SCOPIC IS NOT LIABLE SHOULD ANY OF THE AFOREMENTIONED OCCUR.
However, we use commercially reasonable efforts to prevent the introduction of malware or similar harmful materials into Codeaid.
12.4. SCOPIC DOES NOT REPRESENT, ENDORSE, OR GUARANTEE THE ACCURACY, VERACITY, OR RELIABILITY OF THE CONTENT GENERATED BY AI INTERVIEWERAS A RESULT OF USERS OR CANDIDATES CURATING THE USE OF THE AI INTERVIEWR.
13. Indemnity
13.1. By accepting these Terms, you agree to protect, defend, indemnify and hold Scopic harmless from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Scopic directly or indirectly arising from your usage of Codeaid.
14. Limitation of Liability
14.1. In no event shall Scopic be liable to you or any third party for any loss of use, revenue or profit, or for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from (1) your breach of these Terms; (2) your violation of any law or the rights of a third party.
15. International use and restrictions
15.1. Organization Users shall not send invites to Candidates from countries under US sanctions or Candidates otherwise prohibited from obtaining services under the laws of the United States of America or another applicable jurisdiction. If you do so, you shall bear the sole responsibility for the violation of the applicable legislation and hereby consent to hold us harmless from any fines, losses, and damages incurred by such a violation.
15.2. Codeaid is hosted in the United States and intends to cater its Services predominantly to users in the United States.
Users accessing Codeaid outside of the United States, (e.g. from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws), through continued use of Codeaid, which is governed by US law, hereby explicitly agree to transfer their personal information to the United States and hereby provide their consent to such a transfer.
Using Codeaid is at your sole risk, and it is your sole responsibility to comply with all local rules and laws regarding your use of Codeaid, including, as it concerns online conduct and acceptable content, and you understand and agree that Codeaid and the provision of its services is governed by the laws of the United States.
16. Responsibility
16.1. You acknowledge that Scopic is not responsible for any access to or use of your data by Third-party providers or their products or services or for the security or privacy practices of any Third-party provider or its products or services, and is not responsible and liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-party products as such products and behavior are not under Scopic’s control.
16.2. SCOPIC DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS.
16.3. It is the sole responsibility of the Organization User whether to, how and when to interact with other Organization Users and Candidates. In case you find yourself in a dispute with one or more Organization Users and/or Candidates, you hereby agree that your sole remedy will be to cease using Codeaid.
All Users irrevocably and forever release Scopic and Codeaid (and our officers, directors, agents, subsidiaries, contractors, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEM ENT WITH THE DEBTOR.”
To avoid any doubt, the Organization User’s decision on hiring a Candidate is his own, and Challenges and Interview outcomes are merely factors to be considered in any evaluation process. Organization Users shall not exclusively rely on Challenge and Interview results to evaluate technical proficiency and knowledgeability of the Candidate.
Organization Users and Candidates irrevocably release Scopic and Codeaid from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the Organization User’s decision to hire or not to hire Candidates based on Challenge and/or Interview results even in case the Challenge/Interview results were displayed erroneously, or the Challenge/Interview was incorrectly assessed.
17. Publicity
17.1 By using the Service, you grant Scopic the right to include you as a customer in Codeaid’s promotional materials (e.g., on a website), including your organization’s name and logo. You can unsubscribe at any time by submitting a written request via email to contact@codeaid.io, requesting to be excluded from any promotional material. Requests may take up to thirty (30) calendar days to process.
18. Privacy
18.1. For information on privacy matters, and processing your personal data please read our Privacy Policy.
19. Modifications
19.1. Scopic may modify these Terms from time to time by posting an amended version. Modifications are effective upon Scopic’s posting of the new version of the Terms which will be effective (five) 5 days upon the modified Terms are posted. If you continue to use Codeaid, this will be regarded as an explicit acceptance of the amended Terms from the first day of posting modified Terms.
20. Miscellaneous
20.1. No agency, partnership, joint venture, or employment is created because of these Terms.
20.2. The failure of either Scopic or the User to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights.
20.3. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
20.4. Scopic may transfer or assign these Terms and its rights and obligations without your consent.
20.5. This Agreement constitutes the entire agreement between you and Scopic with respect to the subject matter and supersedes and replaces all prior agreements.
