We Are Coming
We, TaTiO Workforce Ltd. (hereinafter: "TaTiO", "Company", "we" or "our") congratulate you (hereinafter: "User(s)" or "You") for using the Company's services (including the Company's website https://www.tatio.io/ (hereinafter: the "Website"), mobile application, social media, etc.). The Company's services are used to conduct virtual work simulations which are offered on a software-as-a-service (SaaS) basis, screen and evaluate candidates and match candidates with positions.
If You do not consent to any of the terms herein, You are obligated, immediately, to refrain from logging in, connecting or using the Company's Website and/or Services.
2. The Services
2.2 The Services may include information and content such as articles, reviews, data, news, analytics, content, evaluations, FAQs, contact information, videos, text, files, logos, images, information collections, links, customized content, technical information, documentary material , knowledge, know-how, specifications, designs, the "look and feel" of the Site, algorithms, source code, interfaces, GUI, interactive features, graphics, illustrations, drawings, animations and other features that are available in the Services and/or enable their activities to be provided, which will be made available to the Users of the Website, as well as by any means, including any end device (hereinafter: the "Content(s)").
2.5 Unless explicitly stated otherwise in the purchase order, (i) set-up fees (if any) and annual subscription fees will be paid in advance, no later than thirty (30) days following the commencement date and each renewal date of the subscription, as applicable; and (ii) all other amounts are due and payable within thirty (30) days of the date of the invoice. Any amount not paid when due shall accrue interest on a daily basis until paid in full at the lesser of: (i) the rate of one and a half percent (1.5%) per month; or (ii) the highest amount permitted by applicable law. All amounts are exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies and duties.
3. User Account
In order to enjoy all the content and Services offered by the Company, you will be asked to create a user account/sign up. The account shall be accessed and/or used solely by Your employees or service providers who are explicitly authorized by You to use the Platform. As part of this, you will be required to choose a username and password. As part of the registration process you must provide complete and accurate information and update it from time to time. The account is personal and non-transferable and each private user has the option to set up only one user account.
You are solely and fully responsible for maintaining the confidentiality of your password and username, and subsequently for any activity carried out under your user account. The Company shall not be liable for any loss or damage caused as a result of unauthorized use of your account, or due to a security breach. Notwithstanding the foregoing, you must immediately report any unauthorized use of your account and any security breach to the Company.
Suspending your account
We may suspend your user account, for any reason and at our sole discretion, including if we believe that one (or more) of the following events have occurred: (A) There is a risk to the security or privacy of your account; (B) There is a threat to the security or integrity of our network or our servers; (C) The suspension was required to protect the rights, property or safety of the Company, its users or the public; (D) Violation of these Terms and/or any unlawful action; (E) There is a concern that you or your account are being used for the purpose of illegal activity; (F) We are required to do so by law.
4. User Obligations, Restrictions and Prohibited Uses
Use of the Platform, the website and/or Services for any immoral, offensive purpose (blasphemy, threats, expressions of rudeness, racism, and violence), unauthorized and/or prohibited purpose and/or for commercial purposes;
Misuse of the technological resources of the Company and its servers as well as the rights granted to the User as part of the provision of the Services or in a manner that may harm and/or cause damage to these resources and create a large and unreasonable load on these resources;
Posting pornographic material, prostitution, prohibited gambling, or the use of dangerous drugs, including links to other sites that include such content;
Impersonation, identity theft, deception, or any other fraud, including phishing, hacking, cracking, sniffing, password recovery, or any other method;
Wire tapping or invasion of privacy and/or attempting to access another user's private information without obtaining the express consent of that user or any attempt to gain access in any way to an account that is not his own, whether manually or using any robot, spider (Crawler, Any application for search or retrieval, or the use of any other manual or automated means, process or method to retrieve, collect and/or extract information (Data Mining/Data Scraping);
Damage to a person's good name, including in violation of the Prohibition of Defamation Act;
Make false statements or misrepresent our relationship with any person or entity, or explicitly or implicitly indicate that the Company is affiliated with you in any way, sponsors you, supports you, your service, your business or statements, or presents defamatory, false, or inaccurate information about the Company or its services;
Infringement of copyrights, promotional rights, patents, trademarks, or any other proprietary rights, of any other third party and/or the Company, including trade secrets, or advertising products and services that infringe such property rights;
Copy, modify, adapt, deliver, make accessible, translate, reverse-engineer, convert binary code to object source, decompile, or separate any part of the Platform, the Website or display to the public, create derivative works, perform in public, distribute, transmit, copy, display, process, sublicense, make any commercial use, sell, lease, transfer or make similar uses of the Platform, the Services, Website, the Content and/or User Content;
Disruption of the proper functioning of a computer, disruption of computer material, or intrusion into a computer, by means of a "virus", "Trojan horse", "spyware", or any other means such as those which may harm, or are intended to harm, the activity of any hardware, software, communication equipment, code or component, including in contravention of the Computer Act, 5755-1995 as well as access to prohibited areas on the server, probing, using or scanning systems and data;
Collect and/or create a database by downloading and storing all or part of the content and/or user content, make any use of the content and/or user content on any other website or service or computer network, for any purpose, without the Company's prior written consent;
Prohibited distribution of e-mail (junk mail/spam) and/or sending a large number of relays, which include the Internet address (IP) to search engines or other indexes, in an attempt to achieve a better ranking in the search engine or index and which leads to a complaint from administrators of such search engine and/or index; Moreover, to create a browser environment, frame, create a copy or perform in-line linking or Deep linking to any part of the Website and content;
Prohibited import or export;
An action that violates another obligation under any law or under an agreement and/or the use of the Platform, the Website and/or the app and/or the content for any purpose that exceeds reasonable use.
5. User Content
It is possible that the Website publishes content that originates from the various users of the Company's Services. In addition, as part of the Company's Services, you may be required to enter and/or upload user content, including text, images and videos or clips (hereinafter: "User Content").
Although the Company has no obligation to filter, edit or monitor any User Content, the Company reserves the right, at its sole discretion, to remove, delete or edit, without providing any prior notice, any User Content on the Website, at any time and for any reason. It is your responsibility to back up all your user content, at your own expense.
It is clarified that the Company does not bear any responsibility for the User Content, and the sole responsibility for them and for any result arising from them applies to the User who submitted them for publication. These contents do not express the opinion or position of the Company and their publication does not guarantee their validity, reliability, accuracy or legality.
The Company may also impose restrictions on the use of the Services, including limiting the size of storage space available for Users to upload User Content.
Video, Audio & Session Recording
If you are an employment candidate, as part of the Services provided by the Company, you will be asked, among other things, to perform various tasks and answer structured questionnaires. As part of performing the tasks and filling out the questionnaires on the Company's Platform, you may be asked to allow the Company to record and/or sample your activities within the Company's platform, among other things by video audio, sound, and session recording.
6. Privacy and Data Security
7. User Data
7.2 You agree that the Company will collect, monitor, store, analyze, process and use the User Data, on Your behalf, in order to provide the services offered via the Platform. As between Company You, the Intellectual Property (as such term is defined below) and all other right, title and interest of any nature in and to the User Data, which may be stored on the Company’s database, are and shall remain the exclusive property of You and Your licensors. The Company shall be considered granted a non-revocable, non-exclusive, assignable, sub-licensable, royalty-free and fully paid-up license to use the User Data, in order to provide the Platform and the relevant services. Except as set forth herein, nothing herein shall be construed as transferring any right, title or interests in the User Data to the Company or any third party.
7.3 The Platform includes a dashboard that provides You, inter-alia, with access to reports which are comprised of the results of processing the User Data by the Platform, including simulations results (including prediction score and skills score), evaluations and proposed job matching (“Output Data”). You are solely and exclusively responsible: (i) for all actions You take in response to the Output Data, including any job proposals and hiring decisions, including by Your customers; (ii) to thoroughly review the Output Data, check for any alerts or warnings issued by the Platform, address the findings specified in the Output Data, and determine what actions are appropriate in light thereof; and (iii) to carry out such actions as You deem appropriate as a result of the Output Data. The Company may keep and use the Output Data, including results of work simulations and candidates’ details, with the consent of the applicable candidate. The Company is not responsible or liable for Your reliance upon and use of the Output Data.
7.4 The Company may collect, disclose, publish and use in any other manner anonymous information which is derived from the use of the Platform and/or the User Data (i.e., non-identifiable information, aggregated and analytics information that does not identify an individual person) (collectively, "Analytics Information"), in order to provide and improve the Company's Platform and Services, including the work simulations, for R&D purposes and for any other legitimate business purpose. The Company is and shall remain the sole owner of the Analytics Information.
8. Intellectual Property Rights
The Platform, Website, Services, Content, simulations, proprietary assets of the Company and all intellectual property rights relating thereto, including but not limited to, inventions, patents, and patent applications, trademarks and trademark applications, trade names, good will, copyrights, trade secrets, domain names, whether registered or registrable or not (hereinafter, collectively: "Intellectual Property") are the property of the Company and/or licensed to it and protected by copyright laws, other intellectual property laws and by international conventions and agreements.
Pursuant to the foregoing, you may not copy, distribute, publicly display, publicly perform, transmit to the public, modify, process, create derivative works, market, sell or rent any part of the above, whether by yourself or through or in collaboration with a third party, in any way or means, whether electronic, mechanical, optical, means of photography or recording or by any other means and manner, without obtaining the prior written consent of the Company.
If You provide the Company with feedback data (e.g., questions, comments, suggestions or the like) regarding the Services and/or Platform (collectively, “Feedback”), such Feedback shall be deemed non-confidential, and the Company shall have a non-exclusive, royalty-free, worldwide, perpetual license to use or incorporate such Feedback into the Platform and/or other current or future products or services of the Company (without the Your approval and without further compensation).
You agree that the Company may identify You as a user of the Platform and/or the Services and use Your trademark and/or logo (i) in sales presentations, promotional/marketing materials, and press releases, and (ii) in order to develop a brief customer profile for use by Company on Company's website or social media accounts for promotional purposes.
9. Website Advertisements, Commercial Content, and External Links
The Company enables and may enable in the future other third parties to display advertisements on the Platform, the Website and/or Content and Services. In this context, the User may view suggested services, content, links, information, or advertisements of any third parties - some through links that allow Users to leave the Website and access third-party sites or services that are not under the control of the Company.
The Company is not responsible for any such third party links or websites, including but not limited to their availability, for any advertisement, benefit, product or other information that appears on them or is available through them or any link contained therein. In addition, the Company is not responsible for the privacy policies of these third parties, or for other practices they use. Any engagement with such third parties is at your own risk and expense, and the publication of such contents and links on the Company's Website and/or Services does not constitute a recommendation or encouragement to purchase the services, assets or products offered on them.
10. Limitation of Liability and Indemnification
Although an effort has been made to ensure quality and accuracy, the Platform, the Website, the Company's Services and the Content appearing on them may have been subject to errors, omissions or inaccuracies. The User is aware that the Platform, the Website and/or the Services and/or the Content cannot be adapted to the needs of each and every person and therefore the User and/or anyone on his behalf shall not have any claim, demand or suit towards the Company and/or anyone on its behalf regarding the Website's features and/or the Services and/or the Content, their capabilities, limitations or their adaptation to expectations and requirements, being complete, correct, legal or accurate.
Without derogating from the above, we do not guarantee that the Platform and the Website is free of faults and/or errors or other harmful components. We also do not warrant that the Platform and the Website will be uninterrupted, secure, error-free and immune to unauthorized access.
By their very nature, the Services provided by the Company in general and the Internet services, in particular, may be subject to interruptions and/or breaks and/or various technical faults, including faults in the Company's software, hardware, communication lines, or physical infrastructure, including temporary or constant interruptions, and are subject to traffic loads on the global and local Internet.
The Platform (including any Output Data) and Services are provided on an “as is” basis. In addition to other disclaimers contained herein, the Company does not warrant that the Platform (including the Output Data) and/or the Services will meet Your requirements, that the Platform's operation and the Services will be secured at all times, uninterrupted, error-free, false-positives free, free of viruses, bugs, worms, other harmful components or other software limitations. Without derogating from the foregoing, Company shall not be responsible or liable for (i) Your or Your customers determination whether to act on the basis of any Output Data and for any outcomes of such decision, including any hiring decisions, and (ii) any services, information and recommendations provided by any third party providers, including AI tools, nor to their privacy practices.
To the extent permitted by applicable law, the Company expressly disclaims all express warranties and all implied warranties, including, but not limited to, the implied warranties of merchantability, non-interference, fitness for a particular purpose, non-infringement and any warranties arising out of course of dealing or usage of trade. The Company shall not be responsible for unauthorized access to or alterations of the User Data, to the extent that such access or alteration is not due to Company’s willful misconduct.
In view of all the above, the parties agree that the Company shall not be liable for any damage, direct or indirect, caused to the User or anyone on his behalf and/or a third party of any kind, including but not detracting from the generality of the above, incidental, consequential, indirect or punitive damages, or damages resulting from loss of profits, loss of data or disruption of the course of business and which result from the use of the Platform and Website and/or the Services provided through it and/or the content appearing on it and/or an act or omission of the User or any third party.
11.1. Company acknowledges and agrees to defend, at its expense, any third party action or suit brought against You alleging that the Platform infringes intellectual property rights held by any third party ("IP Infringement Claim"), and the Company will pay any damages awarded in final judgment against You that are attributable to any such claim, suit or proceeding; provided that (i) You notify the Company promptly in writing of such claim; and (ii) You grant the Company authority to handle the defense or settlement of any such claim, suit or proceeding and provides the Company with all reasonable information and assistance, at Company’s expense. The Company will not be bound by any settlement that You enter into without the Company's prior written consent.
11.2. If the Platform becomes, or in the Company's opinion is likely to become, the subject of an IP Infringement Claim, then the Company may, at its sole option and expense (a) procure for You the right to continue using the Platform; (b) replace or modify the Platform to avoid the IP Infringement Claim; or (c) if options (a) and (b) cannot accomplished despite the Company's reasonable efforts, then the Company may discontinue providing the Platform (and related Services) and provide You a prorated refund based on the remainder of the applicable Platform subscription (license) term.
11.3. Notwithstanding the foregoing, the Company shall have no responsibility for any IP Infringement Claim resulting from or based on: (i) modifications to the Platform made by any party other than the Company or its designee; (ii) Your failure to use updated or modified versions provided by the Company specifically to avoid such infringement; or (iii) the combination or use of the Platform with equipment, devices or software not supplied or authorized by the Company, or not in accordance with the Company's instructions.
11.4. THE FOREGOING TERMS STATE THE COMPANY'S SOLE AND EXCLUSIVE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION.
The Company shall be entitled, at its sole discretion and inter alia due to a suspicion of a violation of these provisions by the User to suspend and/or cancel the User's access to the Platform, Website, Content and/or the Services provided through them immediately without prejudice to any other remedy reserved to it in accordance with any law and/or agreement.
If we have to change the Terms in order to meet the legal requirements, these changes will take effect immediately or as required by law, without prior notice.
13. Anti-Bribery & Corruption
The Company and You will not: (a) make any unlawful payments to any government official or employee; (b) make any unlawful payment to any person or unlawfully provide anything of value (whether as property, services, or in any other form) to any person for the purpose of obtaining an improper business advantage; or (c) agree, commit, or otherwise offer to undertake any of the foregoing actions in connection with the Services.
14. Anti-Money Laundering
You represent and warrant that all payments will be made by your legal entity as identified in the purchase order (or by Your Affiliates) and that You will not misrepresent or attempt to conceal the identity of the party paying or any recipient(s) of the Platform or Services.
15. General Provisions
In light of the nature of the use of the Platform, the Website and/or the Company's Services, it is hereby agreed that any claim, suit or demand made against the Company, its officers, employees or any one on their behalf shall be limited to a period of 12 months after the event giving rise to the liability.
Last update October 13, 2023