TERMS OF SERVICE

Last Update: September 2021

Welcome to Testih.com.

The following terms of service (these “Terms of Service”), govern your access to and use of the Testih website, including any content, functionality and services offered on or through www.testih.com (the “Site”) by Testih SAS (34 Avenue des Champs-Elysées 75008 PARIS FRANCE) as applicable. Testih SAS is referred hereto as “Testih” “we” or “us” and “you” or “user” means you as an user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your company or any other entity (if applicable), to be bound and abide by these Terms of Service, Testih Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Testih services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request to [email protected]

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Testih makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Employers are users who purchase services on Testih. Employer can be a particular or a professional.

Proposals are exclusive proposals that an Interviewer can create in response to an Employer interview.

Workspace is where Interviewers and Employers communicate with each other in connection with an ordered interview.

Interview Page is where the Employer can describe their Interview.

Interview / Interviews or service / services are services offered on Testih. Proposals are the formal agreements between an Interviewer and Employer.

Interviewers are users who offer and perform services through Interviews on Testih. Interviewer  can be a particular or a professional

Candidates are users who are interviewed by Interviewers

Overview (Main terms, in a nutshell)

  • Only registered users may buy and sell on Testih. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
  • Interviews prices on Testih are determined by the Employers and the Interviewers can submit a proposal with a price different from that specified by the Employer.
  • Employers pay Testih in advance in order to accept a proposal (see Payment Terms).
  • For payments please read the Payment Terms
  • Employers must fulfill their interviews, and may not cancel interviews on a regular basis or without cause. 
  • Users may not offer or accept payments using any method other than placing an order through Testih.com.
  • When paying an Interview, Employers are granted all rights for the delivered work, unless otherwise specified by the Employer on their Workspace. 
  • Testih retains the right to use all published delivered works for Testih marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

EMPLOYERS

Basics

  • Employers create Interviews on Testih to allow Interviewers to submit proposals.
  • Employers may also invite an Interviewer to submit a proposal for an interview.The Interviewer’s rating is calculated based on the Employers reviews.
  • You may not offer direct payments to Interviewers using payment systems outside of the Testih platform.
  • The Interviewer’s rating is calculated based on the Employers reviews, and vice versa.
  • Testih retains the right to use all publicly published interviews for Testih marketing and promotional purposes.

Interviews®

  • Employers are allowed to post illimited number of interviews
  • Interviews created on Testih are User Generated Content.
  • Interviews and/or users may be removed by Testih from the Site for violations of these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service referred on Testih website
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Interviews
    • Spam, nonsense, or violent or deceptive Interviews
    • Interviews misleading to Interviewers or others
    • Reselling of regulated goods
    • Promoting Testih and/or Testih Interviews through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  • Interviews that are removed for violations mentioned above, may result in the suspension of the Employer’s account.
  • Interviews that are removed for violations are not eligible to be restored or edited.
  • Interviews may be removed from our Search feature due to poor performance and/or user misconduct.
  • Interviews may include pre-approved website URLs contained within the Interview description and requirements box. Interviews containing websites promoting content, which violates Testih’s Terms of Service, will be removed.
  • Statements on the Workspace that undermine or circumvent these Terms of Service are prohibited.

Proposal

  • Employers can also invite Interviewers to send Proposals of an Interview.
  • Proposals are defined by the Interviewer with the exact description of the service, the price to deliver the service.
  • Services provided through Proposals may not violate Testih’s Terms of Service.

Candidates

  • Candidates are users who will be interviewed by the Interviewer
  • Candidates are under the responsibility of the Employer
  • Candidates will be invited by the Employer to meet Interviewers, either via meeting services offered by Testih or via any other meeting service

INTERVIEWERS

Basics

  • Each Interview you do and successfully complete, accredits your account with a revenue equal to 85% of the purchase amount.
  • Testih accredits Interviewers once an order is completed. 
  • For more information about receiving payments, fees and taxes see the Payment Terms.
  • The Interviewer’s rating is calculated based on Employers reviews.
  • For security concerns, Testih may temporarily disable an Interviewer’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Testih accounts to a single withdrawal provider.

Purchasing

  • Please refer to the Payment Terms for making Payments through the Testih platform and to learn about fees and taxes.
  • You may not offer Employers to pay, or make payment using any method other than through the Testih.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support [email protected]

WORKSPACE

Basics

  • Once payment is confirmed, your workspace will be created.
  • Interviewers must deliver proof of work on the workspace (e.g. Scorecard) according to the interview requested by the Employer.
  • An Interview is marked as Complete after the Employer clicks on the “Finish” button. 
  • We encourage our Interviewers and Employers to try and settle conflicts amongst themselves. If for any reason this fails, the user can click on the “Discontinue” button to open a dispute. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
  • Certain Interviews might require Interviewers and/or Employers and/or Candidates to meet in person in order for the Interviewer to perform the service. In such cases, users should note that Testih does not guarantee the behavior, conduct, safety, suitability or ability of either Interviewers or Employers or Candidates. Interviewers and Employers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Testih has no responsibility or liability related to any local services provided by the Interviewers. In the event that the service is performed on the Employers’ premises, Employers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Testih’s Terms of Service remains applicable to interviews that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).

Handling Orders

  • When an Interviewer submits a proposal on an Interview, the Employer is notified by email as well as notifications on the site while logged into the account.
  • Employers can accept or refuse a proposal
  • If the Employer is satisfied, he must mark the interview as Complete by clicking on “Finish” button.
  • Users are responsible for scanning all transferred files for viruses and malware. Testih will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Reviews

  • Feedback reviews provided by Interviewers and Employers while completing an Order are an essential part of Testih’s rating system. Reviews demonstrate the Interviewer’s overall experience with the Employers and their service. Interviewers are encouraged to communicate to the Employer any concerns experienced during their active order..
  • Leaving feedback is a basic prerogative of an Interviewer and Employer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Testih platform from users within our Community. Purchases arranged, determined to artificially enhance Employer ratings, or to abuse the Testih platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by Interviewers are publicly displayed on an Employer’s Workspace and vice versa.
  • Withholding the delivery of services, files, or information required to complete the Interview with the intent to gain favorable reviews or additional services is prohibited.
  • Posting a review: Once work is delivered, the Interviewer and the Employer can post a feedback
  • Employers & Interviewers may not solicit the removal of feedback reviews
  • Once the Interviewer submits his/her review, the Employer will receive a notification and will also have the opportunity to leave a review about working with the Interviewer. 

Disputes and Cancellations

We encourage our Interviewers and Employers to try and settle conflicts amongst themselves. If for any reason this fails, the user can click on the “Discontinue” button to open a dispute. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

User Conduct and Protection

Testih helps Employers have a real evaluation of candidates by connecting them with Interviewers who will interview candidates and provide feedback. 

Testih maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity of Testih. This section relates to the expected conduct users should adhere to while interacting with each other on Testih.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team [email protected]

Basics

  • To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Testih in order to circumvent or abuse the Testih messaging system or Testih platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the Workspace.
  • Testih does not provide any guarantee of the level of service offered to Employers. You may use the dispute resolution tools provided to you in the Workspace.
  • Testih does not provide protection for users who interact outside of the Testih platform.
  • All information and file exchanges must be performed exclusively on Testih’s platform.
  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • Testih is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
  • Users may not submit proposals or solicit parties introduced through Testih to contract, engage with, or pay outside of Testih.

Identity validation

  • Know Your Customer processes are used by businesses of all sizes to ensure customer compliance with anti-corruption laws as well as to verify their probity and integrity. It also aims to prevent identity theft, tax evasion, money laundering and terrorist financing. For more information go to the wikipedia site
  • Testih has the obligation to collect KYC information and transmit them to our payment partner. for more information about payment partner terms of service, click here.

 

Orders

  • Users with the intention to defame competing Interviewers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
  • Users are to refrain from spamming or soliciting previous Interviewers or Employers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Interviews

  • Users may report Interviews to Customer Support that may be in violation of Testih’s Terms of Service based on the reported Interview’s replicated similarity to pre-existing services (copycat Interviews).
  • Employers warrant that any content included in their Interviews shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain media are incorporated within the Interviews, Employers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Interviews.
  • Testih will respond to clear and complete notices of alleged copyright or trademark infringement. 

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Interviewer statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Testih does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Testih should be friendly, constructive, and professional. Testih condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as Social Media pages.

Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members’ privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Interviews.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Workspace. Employers further confirm that whatever information they receive from the Interviewer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Interviewer. Any users who engage and communicate off of Testih will not be protected by our Terms of Service.

Authentic Testih Profile – You may not create a false identity on Testih, misrepresent your identity, create a Testih profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Testih reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – Testih will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use Testih for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active Testih account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Testih community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violation of Testih’s Terms of Service is a cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Testih. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Testih accounts.

Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Testih SAS and protected by copyright, trademark, and other intellectual property laws. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Testih owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

Feedback Rights

To the extent that you provide Testih with any comments, suggestions or other feedback regarding the Testih platform or the Site as a whole, as well as other Testih products or services (collective, the “Feedback”), you will be deemed to have granted Testih an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Testih is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Interviewers should recognize that there might be a need for Employers to disclose certain confidential information to be used by Interviewers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Employers agree to treat any information received from Interviewers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Employers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Interviewer’s permission.

General Terms

  • Testih reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
  • Violation of Testih’s Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Testih.
  • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Disputes should be handled using Testih’s dispute resolution tools (‘Discontinue’ button on the Workspace).
  • Testih may make changes to its Terms of Service from time to time. When these changes are made, Testih will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Testih after the date on which the Terms of Service have changed, Testih will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Testih by our users (Interviewers and Employers) is User Generated Content. Testih does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Testih platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Testih is not responsible for the content, quality or the level of service provided by the Interviewers. We provide no warranty with respect to the Interviews, their delivery, any communications between Interviewers and Employers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Interviewer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Testih. Employers advertising online their Interview must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Interview and may lead to the suspension of the Employer’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When paying for an Interview on Testih, unless clearly stated otherwise on the Interviewer’s Workspace/description, when the work is delivered, and subject to payment, the Employer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Interviewer, and the Interviewer waives any and all moral rights therein. Accordingly, the Interviewer expressly assigns to the Employer the copyright in the delivered work. All transfer and assignment of intellectual property to the Employer shall be subject to full payment for the Interview, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, the delivered work and its copyright shall be the exclusive property of the Employer and, upon delivery, the Interviewer agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Employer. This means that if you purchase the Interview for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through an Interview Extra and will have broader rights that cover your business use.

Furthermore, users (both Interviewers and Employers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Testih, including Interview texts, photos, usernames and any other information, including the display of delivered work, may be used by Testih for no consideration for marketing and/or other purposes.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TESTIH NOR ANY PERSON ASSOCIATED WITH TESTIH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL TESTIH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Testih, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.