QUOPT IT services B.V. Internet Test System USAGE AGREEMENT

IMPORTANT – READ CAREFULLY
This agreement constitutes a legal agreement (“Usage Agreement”) between you (either as an individual or a single entity) and QUOPT IT services B.V. (“Quopt”) for the Services (“QUOPT Services”) identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE QUOPT SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

If you are accepting this License Agreement on behalf of a corporation, partnership or other legal entity, the use of the terms “you” and “your” in this License Agreement will refer to such entity.

Terms of service
By using QUOPT Services, you or the entity you are representing agree to be bound by the following terms and conditions (the “Terms of Service”).

No Automated Querying
You may not send automated queries in the broadest sense and of any sort to Quopt’s system without express written permission in advance from Quopt.

Changes In Terms and Conditions and QUOPT Services
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Compliance to local laws like the data protection act (USA) or privacy laws (EU/GDPR)
The information you enter into the QUOPT Services or supplied to you by the QUOPT Services via the system’s interface or any other means like information upload or download, are your responsibility and your responsibility alone. You agree to comply to the privacy laws as are applicable in your country or the country your candidates are located or reside. Any violations of privacy laws may result in Quopt limiting or cancelling access to Quopt systems for you.

The QUOPT Services allow you to enter personal data, like name, email, birthdate of a person which is sensitive information. If you enter or have entered information into the QUOPT Services that violates local laws you will remove them from the QUOPT Services immediately.
In case of a violation reported by a third party to Quopt Quopt will remove the information from the QUOPT services at your expense, after noticing you and giving you the opportunity to remove it yourself within a reasonable timeframe related to the type and severity of the violation. Any costs related to this violation in the broadest possible sense, including costs charged to or by Quopt for legal actions or time & travel spent by Quopt staff, will be charged to you.

You have the right to audit the QUOPT services if there is a sufficient legal ground to do so at your expense. This expense includes time spend by Quopt staff to facilitate the audit.

In case Quopt finds that a third party has accessed the QUOPT Services without permission and has accessed personal data (anonimised test results are not considered personal data) the contact person of your organisation will be informed as registered in the QUOPT Services. Quopt is not liable for and insured against costs associated with this type of violations.

Quopt has protected the QUOPT Services using the regular technologies, like https connections. QUOPT Services are hosted on servers in the Netherlands and Germany. Staff that has access to personal data is limited and will access personal data only if requested by you. All information in the QUOPT services of a personal nature is considered secret. If you decide to stop using the QUOPT Services your database including personal data will be removed by Quopt staff. You are required to inform Quopt staff via info@testdimensions.com that you no longer want to use QUOPT services. Quopt staff will remove the data within 3 months of this notification.

The QUOPT Services include tools to clean up or anonimise your data. Please use them!

Intellectual property
The QUOPT Services (including content) are the property of Quopt or its licensors. This excludes content (for example tests, reports, surveys, examinations) built in by you or at your request. This content is your intellectual property unless otherwise agreed between you and Quopt. If you do not hold the rights to this intellectual property you have acquired a license to use this content.

If you hold no rights to the content you use Quopt will, on finding such a violation, inform the copyright holder after noticing you. The content will then be removed from Quopt systems at your expense. Any other costs related to the possible copyright infringement in the broadest possible sense, including costs charged to or by Quopt for legal actions or time & travel spent by Quopt staff, will be charged to you.

Disclaimer of Warranties
QUOPT disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the QUOPT SERVICES results. QUOPT disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. QUOPT disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the QUOPT SERVICES.

Exclusion of Liability
Quopt’s total liability shall be limited to compensation for direct damage and to a maximum of the amount of the price stipulated in the agreement (excluding VAT) to a maximum of € 1.000,- (one thousand euro), whereby a sequence of events is regarded as one event.
Direct damage is exclusively understood as:
a) The reasonable costs made in determining the cause and extent of the damage;
b) The reasonable costs incurred in prevention or limitation of the damage, to the degree that Customer can demonstrate that these costs have led to the limitation of the damage.
Quopt’s liability for indirect damage, including consequential damage, loss of profit, loss of savings, mutilated and/or lost data, delays, losses, damage through corporate inactivity and/or claims from third parties against you, is expressly rejected.
Without limiting the foregoing, under no circumstances shall QUOPT or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the Netherlands, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

Applicable law
This agreement is governed by Dutch law. Any disputes will be settled by the courts in The Hague.