Terms of Service

Last Updated: 20-1-2024

Welcome to mTestHub (us, we, or our). These Terms of Service outline the rules and guidelines for using our website and services. By accessing or using our services, you agree to the terms outlined in this agreement.

1. Overview:

This section introduces the Terms of Service for mTestHub, a comprehensive platform designed for recruitment and educational assessments. These Terms apply universally to all users, including candidates seeking employment or educational opportunities, recruiters looking for talent, and educational institutions conducting assessments. The purpose of these Terms is to clearly define the legal relationship between mTestHub and its users, outlining the rights, responsibilities, and conduct expected while utilizing the platform. By accessing or using mTestHub, users agree to adhere to these Terms, ensuring a respectful, efficient, and legally compliant interaction with the platform and its various features.

2. The Platform:

mTestHub offers a diverse range of features tailored to streamline the recruitment and educational assessment process. Key features include:

• Online Exam Creation: Users can design and administer customized exams, leveraging a variety of question types and formats to suit different assessment needs.
• Skill-Based Assessments: The platform enables the evaluation of candidates' skills through targeted assessments, ensuring that they meet the specific requirements of a job or educational program.
• Video Interviews: mTestHub facilitates remote video interviews, allowing recruiters and educational institutions to interact with candidates regardless of geographical constraints.
• AI-Powered Candidate Evaluation: Utilizing advanced AI algorithms, the platform analyzes candidate responses and performance, providing insightful metrics to assist in making informed decisions.
• Interactive Dashboards: Users have access to intuitive dashboards for real-time tracking of assessments, candidate progress, and other key metrics.

These features are designed to make the recruitment and educational assessment process more efficient, accurate, and user-friendly.

3. Acceptable Use:

The platform is intended for legitimate recruitment and educational purposes.

Acceptable uses include:

• Job Applications: Candidates can apply for positions, and recruiters can manage applications through the platform.
• Skill Assessments: Both recruiters and educational institutions can conduct skill assessments to evaluate candidates' competencies.
• Educational Placements: Educational institutions can use the platform for student assessments and placements.

Prohibited activities include:

• Content Misuse: Sharing confidential test content, impersonating others, or attempting to manipulate test results.
• Unauthorized Activities: Engaging in activities that compromise the security or integrity of the platform, such as hacking or unauthorized data access.
• Inappropriate Behavior: Using the platform for harassment, discrimination, or any form of hate speech.

4. Content:

Users are responsible for the content they upload, including:

• Test Materials: Questions, answers, and related educational content.
• Personal Information: Resumes, portfolios, and personal details.
• User-Generated Content: Any additional content created or shared by the user.

mTestHub's use of this content is limited to providing and improving the Services. The platform does not claim ownership of user-generated content but requires a license to utilize it for operational purposes.

5. Enterprise and Business Use:

Access to Candidate Information:

• Enterprises and businesses (hereafter referred to as "Organizations") are granted access to candidate information through mTestHub solely for the purpose of recruitment and assessment.
• Organizations must treat all candidate information as confidential and use it only within the scope of their recruitment processes.

Data Protection and Privacy Compliance:

• Organizations are responsible for complying with all applicable data protection and privacy laws regarding the collection, use, and storage of candidate information accessed through mTestHub.
• Organizations must implement appropriate security measures to protect candidate information from unauthorized access, disclosure, alteration, or destruction.

Fair and Lawful Use:

• Organizations agree to use mTestHub and any candidate information obtained through the platform in a fair and lawful manner, respecting the rights and dignity of all candidates.
• Discrimination of any kind, whether based on race, gender, religion, nationality, disability, sexual orientation, or any other protected characteristic, is strictly prohibited.

Accountability and Record-Keeping:

• Organizations are accountable for their actions on the platform and must maintain accurate records of their recruitment activities, including how candidate information is used and decisions made.
• In the event of an audit or legal inquiry, Organizations must be able to demonstrate compliance with these Terms and all applicable laws.

Prohibited Activities:

• Organizations must not misuse candidate information for unauthorized purposes, such as marketing unrelated products or services.
• Selling, leasing, or sharing candidate information with third parties not involved in the specific recruitment process is strictly prohibited, unless explicit consent has been obtained from the candidates.

Responsibility for Content:

• Organizations are responsible for the content of job postings, assessments, and other materials they create and share on mTestHub.
• All content must comply with applicable laws, including labor laws and regulations, and must not contain false, misleading, or offensive material.

Termination and Sanctions:

• mTestHub reserves the right to terminate an Organization's access to the platform for violations of these Terms, including misuse of candidate information or engagement in prohibited activities.
• Organizations may face legal and financial sanctions for breaches of data protection and privacy laws, in addition to any penalties imposed by mTestHub.

6. Your Account, Your Responsibility:

Account security is paramount. Users are advised to:

• Choose Strong Passwords: Select passwords that are difficult to guess and change them regularly.
• Avoid Sharing Credentials: Never share account login details with others.
• Enable Two-Factor Authentication: For added security, users are encouraged to activate two-factor authentication, adding an extra layer of protection to their accounts.

7. Restrictions to Use:

mTestHub sets clear boundaries on the use of its platform to ensure a safe, legal, and productive environment. Users must adhere to these restrictions:

• Intellectual Property Violations: Uploading or using copyrighted material without authorization, including text, images, and software, is strictly prohibited.
• Malicious Activities: Distributing malware, engaging in phishing, or any form of cyber-attack against the platform or other users is forbidden.
• Inappropriate Content: The platform must not be used for disseminating hate speech, engaging in harassment, or promoting discrimination.
• Unauthorized Access: Attempting to access data or areas of the platform not intended for the user, or hacking into mTestHub’s systems, is a serious violation.
• Confidentiality Breaches: Sharing sensitive information, such as test answers or personal data of other users, without proper authorization is not allowed.

Violations of these restrictions can lead to account suspension, legal action, and other consequences.

8. Ownership and Intellectual Property:

mTestHub retains all intellectual property rights associated with its platform and services. This includes, but is not limited to:

• Software and Code: All underlying technology, software code, and algorithms developed for mTestHub.
• Design Elements: The visual design, layout, and user interface of the platform.
• Content: Any proprietary content provided by mTestHub, including instructional materials and platform documentation.

Users are granted a limited license to access and use the platform for its intended purposes. This license does not confer any ownership of mTestHub’s intellectual property to the user.

9. Privacy:

mTestHub is committed to protecting user privacy. Key aspects of our Privacy Policy include:

• Data Collection: We collect personal and usage data necessary for providing our services, including account information, assessment responses, and platform interaction data.
• Data Usage: Collected data is used to deliver and improve our services, communicate with users, and ensure platform security.
• User Rights: Users have rights regarding their data, including access, correction, and deletion requests.

We encourage users to review the full Privacy Policy for comprehensive details on our data practices.

10. Availability:

While we strive for continuous availability, mTestHub’s services may occasionally be unavailable due to:

• Scheduled Maintenance: To ensure optimal performance, we conduct regular maintenance, which may temporarily affect availability. Users will be notified in advance of such downtimes.
• Unforeseen Circumstances: Events beyond our control, such as network outages or hardware failures, may impact service availability. We endeavor to minimize such disruptions and restore services promptly.

11. Security:

mTestHub takes the security of user data seriously and implements various measures:

• Data Encryption: Sensitive data is encrypted during transmission and storage.
• Secure Servers: Our infrastructure is hosted on secure servers with restricted access.
• Regular Audits: We conduct periodic security audits to identify and address potential vulnerabilities.

Users are also encouraged to adopt good security practices, such as regularly updating passwords and not sharing account details.

12. Term:

The term of your engagement with mTestHub begins upon your initial use of the platform and continues until either party chooses to terminate it. Key aspects include:

• Subscription Duration: For users with subscription-based services, the term is typically aligned with the subscription period.
• Automatic Renewal: Unless otherwise specified, subscriptions may automatically renew at the end of each term. Users are advised to review their account settings to manage subscription preferences.
• Account Inactivity: Prolonged inactivity may result in account suspension or termination, with prior notification to the user.

13. Termination:

mTestHub reserves the right to terminate your access to the platform under certain conditions:

• Breach of Terms: Violation of any of these Terms of Service can lead to immediate termination.
• Non-Payment: Failure to pay required fees, if applicable, can result in suspension or termination of services.
• Illegal Activities: Engaging in illegal activities using the platform will lead to immediate termination and possible legal action.
• Extended Inactivity: Accounts inactive for an extended period may be terminated, with efforts made to notify the user beforehand.

Users can also terminate their use of mTestHub services at any time through their account settings.

14. Indemnification:

Users agree to indemnify and hold mTestHub harmless against any claims, damages, or expenses arising from their use of the platform. This includes scenarios such as:

• Copyright Infringement: If a user uploads content that infringes on another party's intellectual property rights.
• Misuse of Services: Any damages or legal claims arising from the misuse of mTestHub’s services.
• Violation of Laws: Any legal actions brought against mTestHub due to a user's violation of laws or regulations.

15. Exclusion of Warranties:

mTestHub provides its services on an "as is" and "as available" basis, and does not offer any warranties, either express or implied, regarding the platform's performance, reliability, or suitability for a particular purpose. This means:

• No Guarantee of Uninterrupted Service: While we strive for continuous operation, we cannot guarantee the platform will be free from disruptions or errors.
• No Implied Warranties: There are no implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

16. Limitation of Liability:

mTestHub’s liability to users is limited under these Terms. This includes:

Direct Losses: We are responsible only for direct losses caused by our breach of these Terms, up to the amount paid by the user (if any) for the services. Exclusion of Indirect Losses: We are not liable for indirect, incidental, special, consequential, or punitive damages, such as loss of profits, data, or other intangible losses.

17. Non-Endorsement and Release:

mTestHub functions as a neutral platform facilitating various interactions and does not endorse any user, content, or communication. Key points include:

• User Interactions: mTestHub is not responsible for interactions between candidates and recruiters, including any disputes arising from these interactions.
• Content Responsibility: Content shared by users, whether in forums, during assessments, or in communications, is not endorsed by mTestHub. Users are solely responsible for the content they share.
• Release of Liability: By using mTestHub, users release the platform from any claims, damages, or legal actions arising from interactions or content on the platform.

18. Independent Contractors:

Users of mTestHub operate as independent entities and are not considered as employees, agents, or representatives of mTestHub. This distinction is crucial for:

• Liability: Users are responsible for their actions on the platform and cannot hold mTestHub liable for their activities.
• Autonomy: Users maintain complete autonomy in how they use the platform, within the bounds of these Terms of Service.

19. Assignment:

The rights and obligations under these Terms of Service are generally non-transferable. However, exceptions include:

• Transfer with Approval: Users may transfer their account or subscription to another authorized user, subject to mTestHub’s approval.
• Business Transfers: In the event of a sale, merger, or acquisition of mTestHub, these Terms may be transferred to the new entity.

20. Survival:

Certain provisions of these Terms of Service will continue to apply even after termination or expiration of the agreement. These include:

• Intellectual Property Rights: The rights and obligations regarding intellectual property will survive the termination of these Terms.
• Indemnification Obligations: Any indemnification obligations incurred during the term will continue post-termination.
• Limitations of Liability: The limitations of liability set forth in these Terms will remain in effect after termination.

21. Notices:

All formal communications and notices under these Terms should be delivered through specified channels:

• To mTestHub: Notices should be sent to the designated email address or mailing address provided in these Terms.
• To Users: mTestHub will send notices to the email address associated with the user’s account.

Notices are considered given when sent by mTestHub or received by mTestHub

• Governing Law

These terms are governed by the laws of [India].

• Contact Us

If you have any questions or concerns about our Terms of Service, please contact us at contact@mtesthub.com.

Thank you for reading and agreeing to our Terms of Service. Your understanding and compliance is important to us.