1.1 These Terms and Conditions (“Terms”) govern use of the ProfileTest.ai platform and related services.
1.2 These Terms, together with any Engagement Agreement, constitute the entire agreement.
1.3 ProfileTest.ai is operated by Tema Resources Limited, registered in England and Wales (Company No. 14485918), with registered office at 1, 307 Garratt Lane, London, SW18 4DX, United Kingdom (“Company”, “we”, “us”).
1.4 Given the nature of Tema Resources Limited's business, you will receive a quicker response to queries from us by contacting us via email. Therefore if you wish to contact us, please do so by writing to us at [email protected].
2.Acceptance of Terms
2.1 By accessing or using the Platform, you agree to be legally bound by these Terms.
2.2 Where a separate Engagement & Licensing Agreement is executed, that agreement shall prevail in the event of conflict.
3.Definitions
In these Terms:
“Platform” means the ProfileTest.ai software infrastructure, including personality profiling systems, behavioural intelligence systems, reporting dashboards, AI-assisted debrief modules (including JACK), mobile and web applications, licensing tools, and any future modules.
“Host” means any business or individual accessing the Platform under an engagement level.
“Licensee” means any third party granted access by a Host under a licensing arrangement.
“Test Submission” means a completed diagnostic or profiling instance processed through the Platform.
“License Revenue” means all revenue directly or indirectly attributable to access to, deployment of, or use of a System.
“System” means a deployed personality profiling or behavioural intelligence configuration.
“Minimum Term” means twelve (12) months from activation where applicable.
4. Nature of Platform
4.1 The Platform provides behavioural intelligence and personality profiling tools designed to generate structured insight.
4.2 The Platform is not:
• A regulated psychological assessment provider
• A clinical diagnostic tool
• A recruitment decision engine
• A substitute for professional advice
4.3 All outputs are decision-support tools only.
4.4 Users must ensure meaningful human involvement in decisions of legal or similarly significant effect.
4.5 We do not guarantee predictive accuracy, financial performance, hiring outcomes, or commercial results.
4.6 The User acknowledges that they have not relied on any representation, warranty, or statement not expressly set out in these Terms.
4.7 The Platform does not provide psychological, psychometric, medical, legal, recruitment, investment, or regulated advice.
5. Eligibility
5.1 You must be at least 18 years old to use the Platform.
5.2 If using the Platform on behalf of an organisation, you warrant that you have authority to bind that organisation.
6. Account Usage, Registration and Security
6.1 You must provide accurate and complete information.
6.2 You are responsible for safeguarding login credentials.
6.3 You must not:
• Share credentials externally
• Circumvent usage tracking
• Attempt reverse engineering
• Scrape or extract data
• Replicate scoring logic
6.4 We may suspend or terminate accounts for misuse.
6.5 You must not use Platform outputs to develop, train, calibrate, or enhance any competing behavioural intelligence, profiling, or artificial intelligence system.
6.6 We may suspend or restrict access for maintenance or upgrades.
6.7 Users must not access the Platform from sanctioned jurisdictions.
7. Engagement Levels and Access
7.1 Access may be granted under PRO, NICHE, or ENTERPRISE engagement levels.
7.2 Specific commercial and licensing terms are governed by your Engagement & Licensing Agreement.
7.3 Platform access does not grant ownership of infrastructure.
8. Pilot Access
8.1 Pilot access is limited to thirty (30) calendar days unless otherwise agreed in writing.
8.2 Pilot access does not grant licensing rights.
8.3 We reserve the right to terminate pilot access without notice.
9.Subscription and Test Usage Targets
9.1 Platform access may be subject to Tiered Test Usage Targets.
9.2 Failure to maintain minimum payment or tier obligations may result in suspension.
9.3 Upgrades may occur at any time.
9.4 Downgrades require written notice in accordance with your engagement documentation.
9.5 Fees are recurring unless otherwise stated and renew automatically unless terminated in accordance with your Engagement Agreement.
9.6 We reserve the right to amend pricing upon renewal with reasonable notice.
9.7 We reserve the right to automatically adjust your tier where usage materially exceeds selected thresholds.
9.8 Chargebacks or disputed payments may result in immediate suspension pending investigation.
10. Licensing and Revenue Share
10.1 Licensing rights are granted only where expressly agreed in writing.
10.2 License Revenue includes bundled revenue where System access forms part of the offering.
10.3 Revenue structured to avoid revenue share may be reclassified at our reasonable discretion.
10.4 We may request reasonable documentation to verify revenue calculations.
10.5 Hosts must provide accurate revenue reporting and remit revenue share within agreed timeframes. Under-reporting or misclassification constitutes material breach.
10.6 We may appoint an independent auditor upon reasonable notice.
10.7Revenue share payments shall be remitted within thirty (30) days of the end of each reporting period unless otherwise agreed in writing.
11. Intellectual Property
11.1 All infrastructure, scoring engines, behavioural logic, AI systems (including JACK), dashboards, mobile applications, codebase, architecture, and future modules remain our exclusive property.
11.2 No right is granted to:
• Copy
• Reverse engineer
• Export scoring models
• Replicate outside Platform infrastructure
11.3 Breach of this clause constitutes material breach.
11.4 All goodwill arising from use of the Platform accrues exclusively to the Company.
11.5 No implied licence is granted.
11.6 Clauses relating to Intellectual Property, Confidentiality, Indemnity, Limitation of Liability, and Governing Law survive termination.
11.7 The User shall not challenge the validity or ownership of the Company’s intellectual property.
12.AI and Automated Outputs
12.1 AI-generated outputs are probabilistic and informational.
12.2 Users must independently evaluate outputs.
12.3 AI outputs must not be relied upon as the sole basis for financial, employment, legal, or regulatory decisions.
12.4 AI outputs may contain errors, omissions, or inaccuracies and are provided without warranty of correctness.
13. Data Protection and Profiling
13.1 Use of the Platform may involve profiling as defined under UK GDPR.
13.2 Processing is conducted in accordance with our Privacy Policy.
13.3 Where Hosts deploy Systems to third parties, Hosts are responsible for lawful basis and transparency obligations.
13.4 The Platform does not process special category data unless expressly stated.
13.5 Where Hosts act as Data Controllers in relation to their end users, they shall indemnify the Company against regulatory claims arising from their processing activities.
13.6 The Company acts as Data Controller for Platform-level account data unless otherwise agreed in writing.
13.7 Hosts are responsible for ensuring that appropriate privacy notices and transparency disclosures are provided to their end users prior to processing.
13.8 We may use anonymised and aggregated data derived from Platform usage for research, analytics, and platform improvement, provided such data does not identify individuals.
14.Confidentiality
14.1 All non-public information relating to infrastructure, scoring logic, and deployment strategies is confidential.
15.1 Fees are payable as set out in your Order Form or Engagement Agreement.
15.2 Failure to pay may result in:
• Suspension
• Accrued interest
• Termination
16. Suspension and Termination
16.1 We may suspend or terminate access for:
• Non-payment
• Misuse
• IP infringement
• Regulatory risk
16.2 Termination does not remove outstanding financial obligations.
16.3 We may suspend access immediately where we reasonably believe continued access poses legal, regulatory, security, or reputational risk.
16.4 Continued use following termination constitutes unauthorised access and intellectual property infringement.
16.5 We may disable specific functionality without terminating the entire account where proportionate to the breach.
17.Warranties Disclaimer
17.1 The Platform is provided “as is” and “as available.”
17.2 We disclaim all implied warranties to the fullest extent permitted by law.
17.3 We do not warrant uninterrupted or error-free operation.
18. Limitation of Liability
18.1 We shall not be liable for:
• Loss of profits
• Loss of revenue
• Business interruption
• Indirect or consequential loss
18.2 Our total aggregate liability shall not exceed fees paid in the preceding 12 months.
18.3 Nothing excludes liability for fraud or death/personal injury.
18.4 Liability arising under data protection shall be limited to the same cap, except where prohibited by law.
18.5 Claims must be brought within 12 months of the event giving rise to the claim.
18.6 The limitations apply regardless of the form of action, whether in contract, tort (including negligence), statutory duty, or otherwise.
19. Indemnification
19.1 You agree to indemnify us against claims arising from:
• Your misuse
• Regulatory breach
• Licensee misconduct
• Unlawful deployment
• Breach of data protection law by Host
• Infringement arising from Host content
• Misuse of profiling outputs
20. Beta and Future Modules
20.1 We may release experimental or beta features.
20.2 Beta features are provided without warranty.
20.3 We may withdraw or modify modules at any time.
20.4 Beta features may be modified, replaced, or withdrawn without notice and without liability.
20.5 No service level commitments apply to beta features.
20.6 The Platform is continuously evolving. We may modify, enhance, replace, or discontinue features at any time, provided that core functionality under an active Engagement Agreement is not materially degraded without notice.
21. Assignment
21.1 We may assign these Terms to affiliated entities.
21.2 You may not assign rights without written consent.
22. Force Majeure
We are not liable for events beyond our reasonable control.
23. Governing Law
These Terms are governed by the laws of England and Wales.
24. Amendments
We may update these Terms from time to time. Updated Terms will be published on the Platform. Continued use of the Platform following publication constitutes acceptance of the updated Terms.
