Examiz

Examiz Terms of Service

Version 2.0 — effective September 2026. Supersedes the Terms of Service effective 9 August 2025.

These Terms of Service (the "Agreement") are a legally binding agreement between the business customer identified in the applicable Service Agreement or platform account ("Customer", "you", "your") and Examiz Limited, Company No. 674918, 71 Baggot Street Lower, D02 P593 Dublin, Ireland ("Examiz", "we", "us", "our"). This Agreement governs your access to and use of the Examiz Talent Suite — the Examiz MATCH, Examiz PULSE and Examiz OCEAN modules, the Examiz MyCareer-facing employer functions, and all related software, integrations, documentation and services (collectively, the "Services").

By creating an account, executing a Service Agreement that references this Agreement, accepting this Agreement within the platform, or using the Services, you confirm that you have read, understood and agree to be bound by this Agreement. If you enter into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity and its Affiliates, and "Customer" refers to that entity and its Affiliates.

Individuals who use Examiz MyCareer or Examiz OCEAN in their own name are not "Customers" under this Agreement; their use is governed by the Examiz MyCareer Terms of Use and the Examiz Privacy Notice.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT PROVISIONS ON THE PERMITTED USE OF ASSESSMENT, SCORING AND AI-ASSISTED FUNCTIONS IN EMPLOYMENT DECISIONS, ON DATA PROTECTION, ON DISCLAIMERS OF WARRANTIES, ON LIMITATIONS OF LIABILITY, AND ON THE RESOLUTION OF DISPUTES BEFORE THE COURTS OF DUBLIN, IRELAND, INCLUDING A WAIVER OF CLASS OR REPRESENTATIVE ACTIONS.

1. Definitions

2. The Services

2.1 Provision. Examiz makes the Services available to the Customer in accordance with this Agreement, the Documentation and the applicable Service Agreement. The Services comprise, depending on the modules and packages ordered:

2.2 Service Provider. The Services are provided by Examiz Limited (Company No. 674918), 71 Baggot Street Lower, D02 P593 Dublin, Ireland.

2.3 Changes to the Services. Examiz may modify, add or discontinue functions of the Services, provided that the core functionality ordered under a Service Agreement is not materially reduced during its term. Examiz gives at least 30 days' notice of the discontinuation of any material function.

2.4 Beta functions. Functions marked as beta, preview or pilot are provided for evaluation, may be changed or withdrawn at any time, and are provided without warranty and without any service commitment.

2.5 Availability and support. Examiz uses commercially reasonable efforts to make the Services available continuously, except for planned maintenance (notified in advance where practicable) and events beyond Examiz's reasonable control. Support is provided by e-mail to the Customer's designated administrators during Irish business hours. Specific service levels apply only where agreed in a Service Agreement.

2.6 Account security. The Customer is responsible for maintaining the confidentiality of its users' credentials, for all activities under its account, for designating the administrators authorised to issue instructions and grant support access, for keeping its single-sign-on configuration secure where used, and for notifying Examiz immediately of any unauthorised use.

3. Use of the Services

3.1 Licence. Subject to this Agreement, Examiz grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services and Documentation during the term of the applicable Service Agreement, solely for the Customer's own internal recruitment, talent management and employee-lifecycle purposes.

3.2 Acceptable use. The Customer shall not, and shall not permit anyone to:

3.3 Customer responsibilities. The Customer is solely responsible for:

3.4 Assessment results. Questionnaire profiles, skill-test results, interview evaluations and match scores are indicative decision support generated from the Customer's own configuration and the information provided by Candidates and the Customer. They are not a prediction of future performance, are not validated for use as the sole basis of any decision, and must be interpreted by qualified personnel of the Customer.

4. AI-Assisted Functions, scoring and human oversight

4.1 Deterministic evaluation. The matching, professional, personality, culture and skill scores and the resulting rankings generated by the Services are computed by a deterministic, rule-based engine authored by people. No machine-learning or generative AI component contributes to these scores or rankings; Examiz enforces this boundary technically in its software build process. Rankings are proposals for human review.

4.2 AI-Assisted Functions. Where activated for the Customer, the Services offer AI-Assisted Functions that draft, translate, summarise, structure, classify or answer — for example drafting job advertisements, test questions, reference questions or messaging flows; structuring uploaded CVs; summarising panel comments; anonymising documents for blind review; narrating reports; and the Max co-pilot, which routes natural-language requests to existing functions. AI-Assisted Functions:

4.3 Customer obligations for AI-Assisted Functions. The Customer is responsible for the content it publishes or sends after AI-assisted drafting, for reviewing AI-generated content for accuracy and lawfulness, for ensuring that its personnel who use AI-Assisted Functions have an adequate level of AI literacy as required by Article 4 of Regulation (EU) 2024/1689 (EU AI Act) — Examiz provides training material for this purpose — and for complying with Section 3.2(b) and (c).

4.4 Regulatory positioning. Examiz designs the Services so that Candidate evaluation is performed by deterministic rules rather than by an AI system, and confines AI components to non-evaluative assistance; Examiz maintains a documented classification assessment for each AI-Assisted Function and makes it available to the Customer on request. The Customer acknowledges that it is the deployer of the Services in its own recruitment process and remains responsible for its own obligations under the EU AI Act, the GDPR (including Article 22) and applicable employment law.

4.5 Explanation and review requests. Candidates may request an explanation of the logic involved in their scoring and ranking and a human review through the Services. The Customer shall respond to such requests in accordance with applicable law; Examiz provides the underlying scoring-method information and evidence records.

5. Data protection and security

5.1 Roles. With respect to the personal data of Candidates processed at the Customer's direction, the Customer is the controller and Examiz is the processor. Examiz processes such data in accordance with the Customer's documented instructions and the DPA, which is incorporated into this Agreement by reference and is accepted within the platform at onboarding. Examiz acts as an independent controller for the personal data of the Customer's users required to operate their accounts, billing and support, and for Talents in respect of their own Examiz MyCareer accounts; that processing is described in the Examiz Privacy Notice.

5.2 Marketplace and shared talent pools. Where a Talent accepts a contact request from the Customer, or where the Customer participates in a shared talent pool with other Customers on the basis of a joint-controller arrangement, the allocation of responsibilities set out in the platform's marketplace terms and the applicable arrangement applies in addition to this Section 5.

5.3 Security. Examiz implements and maintains the technical and organisational measures described in the DPA, including encryption of data at rest and in transit, field-level encryption of Candidate identity data, role-based access control, tenant isolation, audit logging and EU hosting.

5.4 Sub-processors and transfers. Examiz engages the sub-processors listed in the DPA. Personal data is processed within the EU/EEA except for the sub-processors, purposes and safeguards identified in the DPA. Examiz notifies the Customer of changes to sub-processors in accordance with the DPA.

5.5 Retention, export and deletion. Customer Data is retained in accordance with the retention settings configured by the Customer and the default periods described in the DPA. The Customer may export its data at any time using the Services' export functions. After termination or expiry of the Service Agreement, the Customer's administrators retain read and export access for a grace period of 90 days; thereafter Examiz deletes or irreversibly anonymises Customer Data in accordance with the DPA. Customers are strongly advised to export all data they wish to keep before the end of the grace period. Re-establishing access or extracting data after the grace period is not possible.

5.6 Third-party services connected by the Customer. Where the Customer connects its own services to the Services — such as its identity provider for single sign-on, its own e-mail sending domain, an external assessment provider, job boards it selects, or a user's Google Calendar — the Customer (or the respective user) engages those services directly under their own terms. Examiz is not responsible for the availability, security or data-handling of such services beyond the interface Examiz operates.

5.7 Data-subject requests. Examiz forwards requests from Candidates that concern the Customer's processing to the Customer and provides the self-service tooling described in the DPA. Erasure requests that originate from a Talent's own Examiz MyCareer account are routed to the Customer for decision as described in the DPA and the Privacy Notice.

6. Intellectual property

6.1 Examiz IP. As between the parties, Examiz retains all right, title and interest in and to the Services, the Platform, the Documentation, assessment methodologies, scoring rules, question banks provided by Examiz, report formats, models, trademarks and logos (including the Examiz MATCH, Examiz PULSE, Examiz OCEAN and Examiz MyCareer marks) and all underlying intellectual property ("Examiz IP"). No rights are granted to the Customer other than as expressly set out in this Agreement.

6.2 Customer Data and Customer content. The Customer retains all right, title and interest in Customer Data and in content it authors in the Services (such as job advertisements, question banks and messaging flows, including AI-assisted drafts it has accepted). The Customer grants Examiz a worldwide, royalty-free licence to host, copy, process, transmit and display Customer Data and Customer content as necessary to provide the Services in accordance with this Agreement and the DPA.

6.3 Aggregated and anonymised data. Examiz may generate and use statistics and analyses derived from the use of the Services that do not identify the Customer, its users or any Candidate, including labour-market statistics computed above a minimum group size, to operate, improve and benchmark the Services. Examiz does not use Customer Data to train AI models and contractually prohibits its AI sub-processors from doing so.

6.4 Feedback. The Customer grants Examiz a royalty-free, worldwide, irrevocable, perpetual licence to use and incorporate any feedback, suggestions or ideas about the Services without obligation to the Customer.

7. Fees and payment

7.1 Fees. The Customer pays the fees specified in the applicable Service Agreement, price list or package selection, including subscription fees for modules and packages, usage-based fees (such as additional campaigns, marketplace contact or reveal fees, messaging volumes and additional users) and fees for optional services. Fees are non-refundable except as expressly stated in this Agreement or required by law. Fees are exclusive of VAT and other taxes, which the Customer is responsible for paying.

7.2 Billing. Unless otherwise stated in the Service Agreement, fees are invoiced in advance for subscription periods and in arrears for usage, and are due upon receipt of the invoice. Payments may be processed by Examiz's payment provider; the Customer authorises the charging of the payment method on file for recurring and usage fees.

7.3 Late payment. If an invoiced amount is not received by the due date, Examiz issues one payment reminder. If the amount remains unpaid thereafter, Examiz may (a) charge late interest at 1.5% of the outstanding balance per month or the maximum rate permitted by law, whichever is lower, and (b) after a further 14 days' notice, suspend the Services until all amounts are paid in full. Suspension does not relieve the Customer of its payment obligations.

7.4 Price changes. Examiz may change its prices with effect from the next renewal term on at least 60 days' notice.

8. Confidentiality

8.1 "Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other ("Receiving Party"), orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Examiz IP and the non-public functioning of the Platform are Examiz's Confidential Information. Customer Data is the Customer's Confidential Information.

8.2 The Receiving Party uses the same degree of care it uses to protect its own confidential information of like kind (and not less than reasonable care) to (a) not use Confidential Information for any purpose outside the scope of this Agreement and (b) limit access to those of its and its Affiliates' employees, contractors and advisers who need access for purposes consistent with this Agreement and are bound by confidentiality obligations no less protective than these. Confidential Information may be disclosed where required by law or a competent authority, provided the Receiving Party gives prompt notice where legally permitted.

9. Warranties and disclaimers

9.1 Mutual warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

9.2 Examiz warranty. Examiz warrants that the Services will perform materially in accordance with the Documentation and that it will not materially decrease the overall security of the Services during a subscription term. The Customer's exclusive remedy for breach of this warranty is the correction of the non-conformity or, if Examiz cannot correct it within a reasonable time, termination of the affected Service Agreement and a pro-rata refund of prepaid fees for the remaining term.

9.3 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". EXAMIZ MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXAMIZ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT AI-GENERATED CONTENT WILL BE ACCURATE OR COMPLETE, OR THAT ANY PARTICULAR RESULT WILL BE OBTAINED. ASSESSMENT RESULTS, SCORES AND RANKINGS ARE INDICATIVE DECISION SUPPORT AND ARE NOT A PREDICTION OF A CANDIDATE'S FUTURE PERFORMANCE.

10. Limitation of liability

10.1 TO THE FULLEST EXTENT PERMITTED BY LAW AND UNLESS A SEPARATE WRITTEN AGREEMENT PROVIDES OTHERWISE, EXAMIZ AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR REPUTATION, LOSS OF OR DAMAGE TO DATA (INCLUDING THROUGH DOWNTIME OR LOSS OF USE), OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

10.2 EXAMIZ'S AND ITS AFFILIATES' TOTAL AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID OR PAYABLE BY THE CUSTOMER TO EXAMIZ FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $1,000.

10.3 Exclusion of consequential damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.4 Exceptions. The limitations in this Section 10 do not apply to a party's indemnification obligations, to liability for gross negligence, wilful misconduct, death or personal injury caused by negligence, breach of confidentiality obligations, or to any liability that cannot be limited under applicable law. Liability under data-protection law towards data subjects is governed by Article 82 GDPR.

11. Indemnification

11.1 By the Customer. The Customer shall defend, indemnify and hold harmless Examiz, its Affiliates and their officers, directors, employees and agents from and against all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable legal fees) arising from (a) the Customer's use of the Services in violation of this Agreement; (b) the Customer's violation of applicable law or of any third-party right; (c) any employment-related decision made by the Customer, whether or not based in whole or in part on results of the Services; (d) content the Customer publishes or sends through the Services, including AI-assisted content it has accepted; or (e) Customer Data, including the absence of a lawful basis or of required notices.

11.2 By Examiz. Examiz shall defend the Customer against any third-party claim that the Services, as provided by Examiz and used in accordance with this Agreement, infringe a third party's intellectual property right in the EU, and shall pay damages finally awarded or agreed in settlement, provided the Customer promptly notifies Examiz, gives Examiz sole control of the defence and reasonable assistance. Examiz may procure the right to continue the Services, modify them to be non-infringing, or terminate the affected Service Agreement with a pro-rata refund. This Section states Examiz's entire liability for infringement claims.

12. Term, suspension and termination

12.1 Term. This Agreement commences when the Customer first accepts it and continues until all Service Agreements have expired or been terminated. Unless the Service Agreement provides otherwise, each subscription term is 12 months and renews automatically for successive 12-month terms unless either party gives notice of non-renewal at least 60 days before the end of the current term.

12.2 Termination for cause. Either party may terminate this Agreement or the affected Service Agreement for cause (a) on 30 days' written notice of a material breach if the breach remains uncured at the end of that period, or (b) immediately if the other party becomes insolvent or the subject of bankruptcy or similar proceedings. Examiz may terminate immediately in the event of a serious violation of Section 3.2(a)–(e).

12.3 Suspension. Examiz may suspend the Customer's or a user's access, in whole or in part, where reasonably necessary to prevent harm to the Services, other customers, Candidates or third parties, in the event of a security incident, unlawful use, or non-payment under Section 7.3, and will notify the Customer and lift the suspension as soon as the cause is resolved.

12.4 Effect of termination. On termination or expiry, the Customer's rights to use the Services end, subject to the 90-day grace period for export in Section 5.5. Fees accrued before termination remain payable. Sections 5 (to the extent of the DPA's post-termination obligations), 6, 7, 8, 9.3, 10, 11, 13 and 14 survive termination or expiry.

13. Marketplace-specific terms (Examiz OCEAN)

13.1 Reveal-before-identity. Talent profiles are shown to the Customer in pseudonymised form. The identity and contact details of a Talent are disclosed only after the Talent has explicitly accepted the Customer's contact request (or, for self-marketing contract-labour profiles, where the Talent has chosen to display their name). The Customer shall not attempt to identify a Talent by other means or to combine pseudonymised profile data with other sources for that purpose.

13.2 Conduct. The Customer shall use contact with Talents only for genuine recruitment or engagement purposes, shall treat Talents with the same equal-treatment standards as applicants, and shall respect a Talent's decision to decline, withdraw or object.

13.3 Blocks and suspensions. The Customer may record that it no longer wishes to list or contact a particular Talent (a "company block"); such records are retained and aggregated by Examiz as described in the Privacy Notice and are never disclosed to the Talent. Examiz reserves the right, at its discretion, to suspend or restrict a Talent's or a Customer's marketplace visibility and contact functions — including automatically, on the basis of repeated reports from Customers, for a limited period — where community rules or these terms are violated. Suspension of a Talent does not delete their account and does not affect their ability to apply to the Customer's vacancies directly.

13.4 Shared talent pools. Where the Customer joins a shared talent pool, sharing takes place either with the per-share consent of the Talent or, between participating Customers who have accepted the joint-controller arrangement provided in the platform, on the basis of that arrangement. The arrangement prohibits no-poach and wage-coordination conduct, and the platform never shares pipeline stage, outcomes, notes, ratings or salary information across a pool.

13.5 Applications are never refused. No function of the Services rejects, hides or automatically declines an application from any individual, including an individual blocked or suspended in the Marketplace; such applications are flagged to the Customer for human handling.

14. Dispute resolution and governing law

14.1 Jurisdiction. Any dispute, claim or controversy arising out of or relating to this Agreement shall be submitted to, and resolved exclusively by, the courts of competent jurisdiction in Dublin, Ireland. Examiz is under no obligation to participate in dispute-resolution proceedings before a consumer or other arbitration board. Any legal dispute shall be conducted in English.

14.2 Class action waiver. THE PARTIES AGREE THAT ANY LEGAL DISPUTE SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION, AND EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS, TO THE EXTENT PERMITTED BY LAW.

14.3 Governing law. This Agreement is governed by and construed in accordance with the laws of Ireland, without regard to its conflict-of-law principles. Mandatory provisions of the law of the Customer's country of establishment that cannot be derogated from by agreement remain unaffected.

15. General provisions

15.1 Entire agreement; order of precedence. This Agreement, the DPA, the Documentation and all Service Agreements constitute the entire agreement between the parties and supersede all prior agreements, proposals and representations concerning their subject matter. In case of conflict: (1) the Service Agreement for commercial terms; (2) the DPA for the processing of personal data; (3) this Agreement; (4) the Documentation.

15.2 Changes to this Agreement. Examiz may update this Agreement to reflect changes in law, in the Services or in its business, by notifying the Customer's administrators and publishing the updated version in the platform at least 30 days before it takes effect. If a change materially reduces the Customer's rights, the Customer may terminate the affected Service Agreement with effect from the date the change takes effect by giving notice within that period; continued use after the effective date constitutes acceptance.

15.3 Assignment. Neither party may assign this Agreement without the other party's prior written consent (not to be unreasonably withheld), except that Examiz may assign it in its entirety, without consent, to an Affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of its assets, provided the assignee assumes all obligations.

15.4 Notices. Notices must be in writing and are deemed given when received if personally delivered; when receipt is electronically confirmed if sent by e-mail to the addresses designated by the parties; or the day after dispatch if sent by recognised overnight courier. Operational notices may be given within the platform.

15.5 Severability; waiver. If any provision is held invalid, it is deemed modified to the minimum extent necessary to be enforceable and the remaining provisions remain in effect. A waiver is effective only if in writing and does not constitute a waiver of any other breach.

15.6 Force majeure. Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labour disputes, epidemics, governmental action, or failures of the internet, telecommunications or third-party services not under the party's control.

15.7 Independent contractors; no third-party beneficiaries. The parties are independent contractors. Except as expressly provided, there are no third-party beneficiaries of this Agreement.

15.8 Export and sanctions. Each party shall comply with applicable export-control and sanctions laws in connection with the Services.

15.9 Contact. For questions or notices regarding this Agreement: Examiz Limited, 71 Baggot Street Lower, D02 P593 Dublin, Ireland — support@examiz.com. Data-protection matters: data.protection@examiz.com.