End User License Agreement (EULA)
Swayam Platform/Portal (“Platform” or “Portal”) and more specifically the psychometric analysis and tests provided on the Platform is licensed to You (“End-User” or “You/Your”) by Swayam Analytics Private Limited, located at “Sai Krupa”, 19/2, Bellary Road, 8th Main, Sadashivanagar, Bangalore-560 080 Karnataka, India (“Licensor” or “Swayam” or “We/Us/Our”), for use only as specifically permitted under and governed by the terms of this End User License Agreement (“EULA” or “License Agreement”).
By accessing the Platform and any update thereto (as permitted by this License Agreement), You affirm that You agree to be bound by all of the terms and conditions of this License Agreement. The psychometric tests and analysis/reports generated thereto rendered on the Platform based on the inputs and responses provided by the End-User shall be referred to as “Services.”
Swayam Platform is licensed to You for use subject to Your voluntary acceptance of and confirmation of full compliance with terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. You hereby agree and acknowledge that we may modify or discontinue the Platform/Services or any part or whole thereof with or without notice to You.
This EULA is a binding legal agreement and by accessing or using the Platform/Services, You hereby accept and agree in Your capacity as an individual or the entity You may represent in connection with Your access of the Platform/Services to be bound by the same to the fullest extent. You represent and warrant that You have all the necessary rights, authorisations, legal capacity to accept, confirm and be bound by this EULA on behalf of Yourself or the entity You represent as stipulated under the relevant applicable laws. If You do not agree with any part or whole of this EULA, including but not limited to any updates made to the same, You are requested to immediately stop using/accessing the Platform/Services.
- THE PLATFORM/SERVICES
Swayam Platform is a proprietary software platform created to facilitate psychometric tests and analysis. It is used to provide psychometric analysis which may facilitate/ enable End-Users to achieve their potential or provide suggestions on how such End-Users may work towards achieving their potential. The reports arising out of the psychometric tests and analysis are provided on an ‘as is’ basis and are dependent on the inputs provided by the End-User and shall be subject to the disclaimers and limitations documented hereunder.
- SCOPE OF LICENSE
As a bonafide End-User fully abiding by this EULA, You are granted a limited, personal, worldwide, non-assignable, non-transferable, conditional, revocable license to access the Services/Platform for the purposes intended and expressly permitted. This license is granted to You subject to Your full compliance with the applicable terms, in the absence of which the same may be revoked/terminated/suspended at our sole discretion.
The Services are for Your personal and non-commercial use. You shall not modify, distort, block, copy, distribute, transmit, display, perform, reproduce, reverse engineer, decompile, decrypt, disassemble, attempt to derive the source code, publish, license, create derivative works from, transfer, or sell/lease any information, software, products or Services obtained from the Platform.
- REPRESENTATIONS AND WARRANTIES MADE BY YOU
In Your use and access of our Services/ Platform, You represent and warrant the following to us:
- Any information shared by You at the time of onboarding/logging in with us and during Your continued use of the same (as applicable) – any information shared or published by You through the Platform shall at all times be genuine, complete, true and accurate. You shall not impersonate, misrepresent or commit fraud of any nature.
- You have the necessary right, titles and permissions to provide the information shared by You and the same is not violative of any third party’s rights, including but not limited to third party’s right to privacy, any contractual obligations, infringement of third party’s intellectual property rights etc.
- You represent and warrant Your full and continued compliance with the applicable laws and the terms and conditions applicable in respect to Your use and access of our Services/Platform.
- You shall not provide any content that is immoral, illegal, infringing, harmful, sexually/racially offensive, abusive, libellous, defamatory or fraudulent. In the event any content posted by You violates any of our terms and conditions, we will remove the same without any written notification to You.
- You shall not in any manner attempt to or actually insert any harmful/malicious/ backdoor code, worm, trojan, viruses or any other software/hardware/devices that may be capable of distorting, modifying, disabling, attempting any brute force entries into the components of the Service, hacking, overburdening, harming any part or whole of the Services/Portal/Platform in any manner whatsoever.
- You shall not download, manipulate, modify, adapt, copy, distribute, publish without the prior written permission of Swayam, any content belonging to or published by Swayam as part of our Services/Platform.
- You shall not data scrape, data mine, parse the data published and forming a part of the Services/Platform using any technological/manual method for any purpose whatsoever. You shall not reverse engineer, decompile, disassemble, create derivative works of, frame, mirror, interfere with the proper workings of the Services/Platform. You shall not access or use the Platform/Services with the intent to create, improve a competing service/platform of similar nature.
- You shall not use the Services/Platform for any commercialisation purposes or for any other purpose not expressly permitted or prescribed hereunder.
- USE OF DATA
You acknowledge that Licensor will be collecting certain classes of personal information including but not limited to name, DoB, contact details, educational qualifications, psychological characterises etc. from You at the time of registration and during Your use/access of the Platform/Services. Such personal information shall be stored with the Licensor for the duration necessary and proportionate with the purpose for such collection.
Certain classes of information shall be stored for the duration necessary to enable You to continuously download the reports generated pursuant to the Services at any given time, unless a written request is received for the permanent deletion of the same.
Reports/analyses generated shall be shared with relevant third parties as required by You or for the fulfilment of the purpose of Services for Your convenience.
You acknowledge that the Licensor may periodically collect and use technical data and related information about Your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to You (if any). Licensor may also use this information to improve its products or to provide services or technologies to You. Swayam shall use firewalls, security safeguards and relevant protocols in accordance with generally accepted industry standards and as specifically stipulated under applicable laws from time to time to secure such personal or non-personal information collected as part of the Services.
- Limitations of Service/ Disclaimer
The information provided in the report is prepared based upon the Swayam Personality Assessment test taken by You. The contents of the Portal and report are not intended to substitute any professional psychological, psychiatric or medical advice, neither do they intend to diagnose, cure, treat or prevent any medical or psychological disorder, or to substitute any therapeutic or healthcare regimen.
The recommendations/results in the report are not medical guidelines. You are requested to consult Your physician/trained instructor before relying on the contents in the report and use the same strictly under medical or other expert supervision and we shall not be liable for any loss arising from Your reliance on the content contained therein.
In no event will we be liable for any loss or damage including but not limited to, direct or indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Services or Portal.
Furthermore, we take all reasonable efforts to ensure the correctness of the reports, however, we shall not be responsible for any technical, typographical or any other errors contained in the report. You rely on the report at Your sole risk and discretion.
- Limitation of Liability/ Exclusion of Warranties
Swayam, its officers, directors, employees, sub-contractors and agents representatives (collectively referred to as “Representatives”) DO not provide any representations or warranties with respect to any part or whole of the services rendered by us. All services/ Platform/Portal are rendered purely on an as is where is basis.
To the fullest extent permitted under law, Swayam and its Representatives disclaim any and all representations and warranties including but not limited to implied, EXPRESS, STATUTORY or representations and warranties of any other kind or of any other description whatsoever. We expressly disclaim any representations and warranties with respect to the services/ Platform/Portal including merchantability, uninterrupted/error-free use of services, compatibility, usefulness, accuracy, and non-infringement of third-party rights, any specific results from the use of the Portal/SERVICES, FITNESS for a particular purpose, non-INFRINGEMENT, QUALITY of services etc. Any Services, analysis, reports generated hereunder shall not in any manner qualify as a substitute for medical or professional psychiatric advice/Career Counselling and consultation with a qualified medical/ counselling professional is advised for the same. Any decisions made by You or any third party based on the Services, analysis, reports generated hereunder shall solely be at Your discretion and risk and Swayam expressly disclaims any and all liability arising out of the same. We highly recommend that the reports/analyses generated by Swayam not be used in isolation but be validated with relevant professional counselling/medical advice as appropriate.
In no event shall Swayam, and its Representatives be liable to You or any third party under this EULA for any direct, special, consequential, incidental, indirect, punitive, exemplary, tangible or intangible loss, loss of profits, damage to property, third party claims, goodwill, reputation, loss of/ corruption of data arising out of Your use of or in connection with the services /Platform/Portal, even in the event that Swayam has been advised about the possibility of such losses, damages or claims. All liability hereunder has been disclaimed by Swayam to the fullest extent permitted under the applicable laws. Notwithstanding anything contained herein, in no event shall Swayam’s aggregate liability under THIS EULA with respect to the services/Platform rendered to You be greater than the service fee paid by You in the relevant calendar year (if any).
In no event shall Swayam, its officers, directors, employees, agents and representatives be liable to You or any third party under this EULA for any loss, damage, liability, claim, undesirable consequence or expense of any nature whatsoever arising out of or resulting from : (a) any errors/omissions, issues, bugs, mistakes, inaccuracies of content, (b) any interruption, disruption, suspension of the services/Portal/Platform arising out of any cause, (c)harmful code, viruses, trojan horses, bugs which may be ingested or transmitted by unauthorised third parties (d) any acts or omissions of third parties.
6A. No Refund Policy
Except as specifically mandated under applicable laws, payments made with respect to the Services/use of Platform shall be non-refundable under all circumstances. You shall not be entitled to any partial or whole refunds, reimbursements, compensation with respect to any service fee paid in manner or for any grounds whatsoever.
- Password Security
You hereby agree and acknowledge that the login details to Your Swayam account are confidential and You have the responsibility to ensure its secrecy and non-disclosure to any third parties. You agree to be fully personally responsible for any and all activity carried out from your Swayam account. You shall not permit any third parties access to or usage of any Swayam services through your account.
In the event that any breach of your account credentials takes place, or you suspect any unauthorised third party access to the same, you shall immediately notify us in writing along with the relevant details to firstname.lastname@example.org.
- THIRD-PARTY TERMS
- INTELLECTUAL PROPERTY RIGHTS
All intellectual property contained in respect of the Portal/Platform/Services shall be solely owned by Swayam and its licensors. Nothing contained herein shall amount to transfer of ownership, right, title or interest in any part or whole of the intellectual property embodied and contained in, or created pursuant to the Services being rendered or in the Swayam Portal/Platform except for the specific limited license to use and access the Services/ Portal/Platform as expressly permitted hereunder.
You are solely and wholly responsible for any content in any form or media including text, audio, video, images or any other form uploaded from Your account or published from Your account including private correspondences shared with other members.
You agree not to reproduce, misuse, distribute, tamper, modify, remove, alter any Intellectual Property or proprietary watermark, notice, attribution pertaining to the Services/Platform/Portal in any manner whatsoever. Any developments with respect to the Services/Platform/Portal arising prior to, during or post the Services rendered (including arising from any feedback shared by You) shall at all times vest solely with Swayam and its licensors and You hereby waive any right to make any claims to the contrary.
- Governing Law and Dispute Resolution
This License Agreement is exclusively governed by the laws of India excluding its conflicts of law rules.
For any dispute, disagreement, controversy, claim arising out of the services/ License Agreement against Swayam, we request You to raise the same in writing with the relevant details at to email@example.com and we shall work towards resolving the same within a reasonable period of time.
In the event that such dispute, disagreement, controversy, claim has not been resolved internally within a period of 90 (ninety) days from the commencement of such dispute, the parties agree and acknowledge that they shall resort exclusively to arbitration as the mode of dispute resolution. The arbitration shall be carried out by a sole arbitrator mutually appointed by the parties in accordance with the Indian Arbitration and Conciliation Act, 1996 (“the Act”). The arbitration proceedings shall be governed and carried out in accordance with the Act and English shall be the sole language of arbitration. The seat and venue for arbitration shall be Bangalore. The arbitral award shall be final and binding on the parties. Forum non conveniens shall not be raised by either party with respect to the dispute resolution mechanism envisaged herein.
12.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
12.2 Further agreements, changes, waivers and amendments are only valid if laid down in writing or published by Swayam.
12.3 No third party, entity, individuals shall have any rights or remedies through this License Agreement. No third party shall be permitted to interfere or enforce the terms of this Agreement, and the Parties agree that this License Agreement is entered into in exclusion of all other third parties.
12.4 Any delays in enforcing the terms of this EULA or taking relevant action herein for any breach by You shall not constitute a waiver of any remedy, right or action accruing hereunder.
12.5 You accept that Swayam may engage with third party consultants, sub-contractors, processors in order to provide the Platform/Portal/Services. With respect to processing of personal information – Swayam shall contractually ensure that any such third parties engaged by Swayam with respect to the access, processing, transmission of Your personal information shall comply with the relevant flow down obligations arising out of this agreement and applicable laws as amended from time to time.
12.6 You are strictly prohibited from assigning or transferring Your rights or obligations under this License Agreement to any third party without Swayam’s prior written consent expressly permitting the same.
12.7 Swayam will not be responsible or liable to You or any other person for any losses, deficiencies, issues arising out of an event outside of Swayam’s reasonable control (“Force Majeure Events”) including but not limited to a pandemic, war, riots, emergencies, disasters, labour strikes, supply chain breakages, government orders, failures attributed to third parties.
- Support/ Grievance Redressal/DPO
For any support requests/grievances/queries or concerns in relation to the services provided by us, You may contact write to the following email addresses respectively:
For Support requests: firstname.lastname@example.org
For Grievances: email@example.com
Data Protection Officer: firstname.lastname@example.org