TERMS AND CONDITIONS

Last updated January 16, 2025

1. AGREEMENT TO OUR LEGAL TERMS

We are Engineray Inc ("Company," "we," "us," "our"), a company registered in California, United States at 2799 Marsh Drive, San Ramon, CA 94583.

We operate the website https://www.engineray.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

We provide an AI-powered assessment and hiring platform that enables companies to evaluate candidates through multiple types of assessments including coding tests, technical evaluations, and soft skills assessments. Our platform features automated proctoring, custom question generation, and seamless ATS integration. Companies can create, manage, and analyze assessments while candidates can securely participate in evaluations, all within a comprehensive hiring ecosystem that maintains assessment integrity and provides data-driven insights for informed hiring decisions.

You can contact us by email at dev-team@engineray.com or by mail to 2799 Marsh Drive, San Ramon, CA 94583, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Engineray Inc, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access

solely for your personal, non-commercial use or internal business purpose.

Your submissions and contributions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  • all registration information you submit will be true, accurate, current, and complete;
  • you will maintain the accuracy of such information and promptly update such registration information as necessary;
  • you have the legal capacity and you agree to comply with these Legal Terms;
  • you are not a minor in the jurisdiction in which you reside;
  • you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
  • you will not use the Services for any illegal or unauthorized purpose;
  • your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.

Free Trial

We offer a 14-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.

Cancellation and Refunds

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our Services, you may request a refund within 30 days of your initial purchase. Refund requests must be submitted in writing to dev-team@engineray.com and include:

  • Your account email address
  • Date of purchase
  • Reason for refund request

Refund eligibility will be determined on a case-by-case basis. Approved refunds will be processed to the original payment method. Please note that processing fees are non-refundable, and refunds may take 5-10 business days to appear on your statement.

After the 30-day period, subscriptions are non-refundable for the current billing period. Cancellations will take effect at the end of the current billing cycle with no partial refunds issued for unused time.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or content to create or compile a collection, database, or directory without written permission
  • Trick, defraud, or mislead us and other users, especially in attempts to learn sensitive account information
  • Circumvent, disable, or interfere with security-related features of the Services
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
  • Use information obtained from the Services to harass, abuse, or harm another person
  • Make improper use of our support services or submit false reports of abuse or misconduct
  • Use the Services in violation of any applicable laws or regulations
  • Upload or transmit viruses, malware, or other malicious code
  • Copy or adapt the Services' software
  • Engage in automated use of the system
  • Delete copyright or other proprietary rights notices
  • Attempt to impersonate another user or person
  • Sell or transfer your profile
  • Upload or transmit unauthorized data collection mechanisms
  • Interfere with or disrupt the Services or servers
  • Harass, annoy, intimidate, or threaten employees or agents
  • Attempt to bypass measures designed to prevent or restrict access
  • Engage in assessment cheating or manipulation
  • Conduct unauthorized recording or distribution
  • Create multiple accounts
  • Interfere with proctoring systems

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials. Contributions may be viewable by other users of the Services and through third-party websites.

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance of your Contributions do not infringe any third party's proprietary rights
  • You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your Contributions
  • You have the written consent, release, and/or permission of each identifiable individual person in your Contributions
  • Your Contributions are not false, inaccurate, or misleading
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, or other forms of solicitation
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
  • Your Contributions do not violate any applicable law, regulation, or rule
  • Your Contributions do not violate the privacy or publicity rights of any third party
  • Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap

9. CONTRIBUTION LICENSE

By posting your Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

We have the right, in our sole and absolute discretion, to (1) edit, redact, or otherwise change any Contributions; (2) re-categorize any Contributions; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice.

10. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account"). You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach of any terms and conditions that govern your use of the applicable Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store content that you have provided to and stored in your Third-Party Account ("Social Network Content") so that it is available on and through the Services via your account.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

  • Monitor the Services for violations of these Legal Terms
  • Take appropriate legal action against anyone who violates the law or these Legal Terms
  • Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof
  • Remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems
  • Manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at https://www.engineray.com/legal/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

14. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification").

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If informal negotiations fail, all disputes will be resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be conducted through the American Arbitration Association (AAA) under their Commercial Arbitration Rules. The arbitration may be conducted in person, through document submission, by phone, or online. The arbitrator will make a decision in writing.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding, and there is no right for any Dispute to be arbitrated on a class-action basis.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to arbitration:

  • Disputes relating to intellectual property rights
  • Allegations of theft, piracy, invasion of privacy, or unauthorized use
  • Claims for injunctive relief

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  • Your Contributions
  • Use of the Services
  • Breach of these Legal Terms
  • Any breach of your representations and warranties
  • Your violation of the rights of a third party
  • Any overt harmful act toward any other user of the Services

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

25. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. MISCELLANEOUS

These Legal Terms constitute the entire agreement between you and us. Our failure to exercise any right or provision of these Legal Terms shall not operate as a waiver. These Legal Terms operate to the fullest extent permissible by law. We may assign our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

27. ASSESSMENT INTEGRITY AND PROCTORING REQUIREMENTS

By using our assessment platform, you agree to:

  • Video and Audio Recording consent
  • Identity Verification requirements
  • Assessment Environment maintenance
  • Monitoring and Detection compliance
  • Accept Consequences of Violations

28. AI SYSTEMS AND AUTOMATED PROCESSING DISCLOSURE

Our platform uses AI for:

  • AI-Generated Content
  • Automated Evaluation Systems
  • Automated Proctoring
  • Resume and Application Processing
  • Fairness and Appeals processes

29. THIRD-PARTY INTEGRATIONS AND DATA SHARING AGREEMENT

We integrate with various third-party services and handle data sharing according to strict security and privacy standards.

30. CONTACT US

To resolve complaints or receive further information, contact us at:

Engineray Inc

2799 Marsh Drive

San Ramon, CA 94583

United States

dev-team@engineray.com