These general terms and conditions, including the terms, policies, guidelines and instructions referred to herein, ("Terms") is an agreement between IDI Profiling AB (556988-5196), ("IDI" "we", "our" or "us") and you, the business entity or individual ("you" or "your"), governing your access to the IDI platform (the "Platform") and use of our services and websites (the "Website" and together, the "Services").
By accessing and using the Services in any way, you agree to be bound by the Terms. If you do not agree to the Terms, you shall not use the Services.
If you have any questions or concerns regarding the content of these Terms or would like to get a better understanding of how the Services work, please do not hesitate to contact us.
You may use our Services if you are (a) a business or organisation or contact person of a business or organisation ("Customer"), for the purpose of providing access to our services to current employees, and (b) a user, either consumer or an employee of a Customer, who gains access to our Services ("Users"). Specific terms applicable to Customers and Users, respectively, can be found at the end of these Terms.
As a User, you may use our Services by creating an account with us to save and reuse your results.
All available subscription plans are listed on our Website. You have the option of adding additional Services or scaling up the respective Service at the price stated on our Website applicable from time to time or according to a separate offer.
You may at any point terminate or scale down the respective Service. However, a curing period may apply for some of our Services. In such case, the curing period is stated when registering for the Services or in the separate offer letter. You may cancel or scale down a Service that is provided with a curing period only at the end of such curing period.
If a Service is added and/or scaled up, the fee for such Service will be payable from the date on which such addition or increase is provided to you. In the event of removal of a Service or scaling down, the fee will be adjusted when the change has been implemented, unless otherwise specifically stated for a specific Service.
Additions, changes of scope or termination of a Service may be made by you directly in the control panel when logged in to the Platform unless agreed or stated otherwise.
Free version. The free version of the Services (the Free plan) is intended for individuals who want to try IDI. It may not be used to deploy IDI within an organisation, for example where several employees or a group at the same employer use the free version instead of a paid plan. We reserve the right to restrict or suspend access to the free version, without prior notice, for accounts used in this way. Organisations that want to use IDI must use a paid plan.
You may access our Services by creating an account with us ("Account"). To create an Account, you need to be either (a) a Customer and register by using a business email address, or (b) a User invited by a Customer to be assessed through the Platform. Users may only use and register one (1) Account to access the Services.
You must provide accurate and complete information when creating your Account and/or accessing the Platform. You must also make sure that all information that you provide is and remains accurate, complete and up to date. We are entitled to restrict your access to your Account and the Platform if you provide us with untrue, inaccurate, not current, or incomplete information.
By registering an Account and/or accessing our Services, you warrant that you, being an individual, are at least 18 years of age and have full legal capacity to accept these Terms in the manner prescribed by us. If you register on behalf of a Customer or under a business name, you represent that you are duly authorised to (a) create an Account in the name of that company or business entity, (b) provide any information about the business, and (c) accept these Terms on its behalf.
You are responsible for ensuring that your email address, password, and other personalised security features which you use to access your Account and the Services are kept safe and secure.
While we want you to enjoy the Services, you may only use the Services for lawful purposes and in a manner consistent with the nature and purpose of the Services. You are responsible for all activities that occur under your Account. You agree to comply with all instructions and recommendations provided by us from time to time.
Only you, the person associated with an Account, or having received an invitation to the Platform, may have access to the Services through your Account and/or should perform the personality tests and other tests or access the information available in the Platform. You are strictly prohibited to allow any third-party to perform or access tests by sharing Account or other information necessary to access the Platform.
You are expected to use the Services responsibly and lawfully. When accessing or using the Services, you agree to abide by the following conduct standards and you may not:
Purpose. IDI describes how a person's behaviour in interaction with others is perceived by the respondents that person has invited. The Services are intended for personal development and the development of collaboration. IDI does not measure personality, ability, competence or suitability.
Prohibited use. Results from the Services may not be used as a basis for recruitment, selection, pay setting, promotion, performance appraisal, redeployment or dismissal.
Voluntary participation and information. Participation is voluntary. The Organisation User is responsible for ensuring that every participant, before taking part, is informed about the purpose, how the process works, who will have access to the results and how personal data is processed.
Standards. IDI's service process is designed to meet the requirements of ISO 10667-2 (Assessment service delivery, part 2: requirements for service providers). The standard has two parts. Part 2 applies to IDI as the provider. Part 1 applies to whoever commissions and uses the service. If you are an Organisation User, you are yourself responsible for conforming to ISO 10667-1 in your use of the Services.
Respondents' answers. Respondents' answers are confidential and are shown only in aggregated form. An aggregate requires answers from at least three respondents.
Individual results. A participant's individual results are shared only with the participant and the facilitator who delivers the feedback. Results may be shared with the participant's manager or HR only where this has been agreed in advance and the participant has been informed of it before taking part. The participant may always choose to share their own results.
Feedback. Results are fed back either by a certified IDI facilitator or through a guided self-presentation in the Platform. A self-presentation is always followed up by a facilitator. A participant who receives their results through self-presentation can book a conversation with a certified facilitator.
Limitations of the results. An IDI profile is based on how a limited number of people perceive the participant at a given time and in a given context. The profile is a basis for reflection and conversation and should not be regarded as a complete or permanent description of a person.
AI features. The Platform includes coaching and reflection features that use AI. Responses are generated automatically, may contain errors and do not replace professional advice. When you use these features, your text and your profile result are sent, without your name or contact details, to the AI provider we engage. Further information is available in the Privacy Policy.
We will provide you with regular customer services by email or telephone during normal business hours to help resolve any issues relating to your use of the Services
You understand and acknowledge that we, or our licensors, own all rights, title, and interest in the Services, including but not limited to copyright, patent, trademark, design right, trade secret and any other intellectual property rights. In particular, the questions, content and other material that form part of the tests used for validating Users in the Platform, are to be considered as trade secrets and shall be treated as such by you. The Services, the Platform and any material therein may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, by you without prior written consent from us.
You are solely granted a non-exclusive right to use the Services in accordance with these Terms. You understand that you do not receive any software license or any ownership rights by being granted access to the Services or for example by downloading material from or submitting material to the Services.
For us to be able to offer you our Services, we need to collect certain personal data. You can read our Privacy Policy for a detailed description of how we process your personal data.
Although we will use commercially reasonable efforts to provide the Services continuously and in accordance with the applicable service level agreement ("SLA"), we do not warrant that the Services will be free from interruptions, delays or errors caused by our systems or other third-party services providers, general Internet failures or force majeure. You must notify us without undue delay through our customer service if you experience any interruptions, delays, or errors in the Services.
From time to time we will perform maintenance and upgrades of the Services, which may result in interruptions, delays, or errors in the Services. Although we will use commercially reasonable efforts to notify you in advance of any planned maintenance, we cannot guarantee that such notification will always be provided.
We provide the Services to you on an "as is" and "as available" basis. To the extent permitted by law, we make no warranty, express or implied, in relation to the Services. We hereby disclaim all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights. You acknowledge that we do not warrant that the Services will be uninterrupted, timely, secure, or error-free.
We have the right to amend, delete or add to these Terms or change, delete, discontinue, or impose conditions on any feature or aspect of the Services at any time. We will give you 3 months' notice via e-mail or the Services of any change, however always at least in accordance with mandatory law, with the change taking effect once the 3-month notice period has passed. The 3-month notice period will not apply where a change is required by applicable law or relates to the addition of a new service, extra functionality to the existing Services or any other change which we believe in our reasonable opinion to neither reduce your rights nor increase your responsibilities. Under such circumstances, the change will be made without prior notice to you and will be effective immediately.
If you do not accept any change, you must close your Account. By continuing to use our Services, you will be deemed to have accepted a change.
All new functionalities, features and content introduced and added to the Services, or the Website will be subject to what is stipulated in the Terms.
In no event shall we, our subsidiaries, affiliates or any of our respective employees, officers, directors, agents, or partners be liable for:
Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Services during the three-month period immediately preceding the event giving rise to the claim for liability, or if you have not used the Services for three (3) months, your average monthly fee multiplied by three (3). We have no liability if you use the Services under a trial period or otherwise free of charge.
Nothing in these Terms will limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, for death or personal injury resulting from our negligence or to the extent such limitation or exclusion is not permitted by applicable law.
These Terms contain the entire agreement between the parties with respect to the Services and supersedes all previous and contemporaneous negotiations and understandings between the parties, whether written or oral.
Swedish law with exception for its conflict of law principles shall apply to these Terms. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be settled by a general court in Sweden.
These Terms are valid from the date when you create an Account or otherwise gain access to the Platform and until further notice. You may terminate the Services with the applicable notice period by ending your subscription through the control panel when logged in to the Platform.
Upon termination, your right to access the Services will be revoked. We will also delete or anonymise any personal information about you, with exception for any personal information that you have asked us to store further, we have a legitimate interest to store further or that we are required to keep by law.
Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.
These Terms are valid from the date you create an Account and continue to be valid during the subscription period ("Subscription Period"). You may terminate your subscription through the control panel when logged in to the Platform. unless otherwise agreed between the Parties.
We reserve the right to terminate or limit the Services if:
Upon occurrence of any of these events, we may contact you and request that you remedy your breach of these Terms before terminating or limiting the Services.
If we have any reason to believe that you have used the Services in breach with these Terms, we have the right to, at our sole discretion and without prior written notice, terminate your Account and disable your access to the Service.
You may be offered to register to use the Services for a limited trial period. During the trial period, you will have access to all or parts of the Services (as further described on the Website) free of charge.
You shall pay all applicable fees as described on the Website for the Services you have selected or as separately agreed between you and us (the "Fees"). If you have signed up for one of our recurring plans, the Fees will be payable either annually in advance or as agreed separately.
You can pay for the Services through any of the payment methods listed on the Website. For payments made through a third-party supplier, this third-party supplier's terms and conditions apply.
You agree to pay within the set time for the applicable payment method. We have the right to close your Account until you have paid for all the charges incurred by you. Payment after the due date can entail late payment fees and interest.
We may increase the fees for the Services, which will be effective at the beginning of any renewal subscription period. We will notify you of any increase prior to it becoming effective via e-mail or through the Services.
The provisions set out below specifically regulate the responsibilities between us and our Customers.
You warrant that the persons (for example, employees and representatives) you authorise to create an Account and use the Services have read and understand the Terms.
In connection with your Account and your use of the Services, you may be able to upload or provide materials or information ("Content"). You are responsible for the Content that you post to the Services, including its lawfulness, reliability, accuracy, and appropriateness and that the Content does not infringe any third party intellectual property rights.
The Fees exclude value added tax (VAT) or other fees and taxes.
We do not provide refunds, right to return for a purchased subscription, credits for any partially used subscription, credits for any unused Account or credits by reason of your dissatisfaction with the Services. This means that you will not be entitled to refunds of any Fees already paid. In the event you terminate these Terms in accordance with section 15, you will be entitled to use our Services until the end of the current term.
Notwithstanding the above or any other provision of these Terms, you agree to defend, indemnify, and hold us and our respective directors, agents, affiliates and representatives harmless from and against any claim (including all third-party claims), and expense (including without limitation reasonable attorneys' fees) arising out of or relating to: (a) any actual or alleged breach by you of any provision of these Terms, (b) your wrongful or improper use of the Services, (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (d) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions, (e) your violation of any applicable law, rule or regulation of your specific jurisdiction, and (f) errors made by you in providing information or instructions to us, whether through your Account or any other means of communication.
You may enable or otherwise allow integrations between us and certain third-party service providers contracted by you (each a "Third-Party Integration"). By enabling a Third-Party Integration, you expressly instruct IDI Labs to share data with, and access and use data from, such third-party service provider. You are responsible for providing any and all instructions to such third-party service provider about the use and protection of data. You acknowledge and agree that we are not a sub-processor for any such third-party service providers in relation to any personal data contained in the data or information transfer, nor are any such third-party service providers sub-processors of us in relation to any personal data contained in the data or information transfer.
We are not responsible or liable to your or any third-party service provider with respect to the functionality or availability of any Third-Party Integration or any data obtained through any Third-Party Integrations and further we make no representation or warranty with respect to any Third-Party Integration or any data obtained through a Third-Party Integration or with respect to any third-party service provider. You agree that you are solely responsible for complying with any agreement you may have with the third-party service provider with which you use the Third-Party Integration.
You are the data controller and IDI is the processor for processing of personal data relating to the Service, as agreed upon and regulated by the Data Processing Agreement set out in Appendix 1.
Both parties undertake to comply with applicable laws and regulations as regards protection of personal data and to ensure that individuals are informed in a clear and transparent manner about how personal data is being processed.
Any delay or non-performance of any provision of these Terms caused by conditions beyond the reasonable control of the performing Party (a 'Force Majeure' event) shall not constitute a breach of these Terms, and the time for performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance.