Skip to content
 

QNOMI — Terms of Service

Last updated: 28 October 2025

1. Definitions

  • “Company,” “we,” “our,” “us” – Savvy.codes B.V., provider of the QNOMI service.
  • “Service” – The hosted software, dashboards, APIs, documentation and related services branded as “QNOMI.”
  • “Customer,” “you,” “your” – The legal entity or individual that creates a QNOMI account and/or purchases a subscription or assessments.
  • “Assessment(s)” – Psychometric instruments available in QNOMI, including tests, questionnaires, scales, items, norms and scoring.
  • “Assessment Credit(s)” – Prepaid units that allow you to administer Assessments to Candidates.
  • “Candidate” – An end-user who completes an Assessment.
  • “Report” – The output generated from an Assessment (e.g., scores, profiles, narrative text, dashboards).
  • “AI Output” – Any textual or other content generated by optional AI features in QNOMI (e.g., auto-summaries, suggested interview questions).
  • “Usage Data” – Metrics, logs, and other technical data relating to performance and use of the Service.
  • “Confidential Information” – All non-public information disclosed by one party to the other that is designated confidential or would reasonably be understood as confidential.
  • “Personal Data” – Any information relating to an identified or identifiable natural person as defined under applicable data-protection law.

2. Account creation & access

  • You must be at least 18 years old and legally able to enter into contracts.
  • You are responsible for safeguarding credentials and all activity under your account.
  • We may suspend or terminate access if we reasonably believe you (or your Users) violate these Terms or applicable law.

3. License & use rights

  • We grant you a non-exclusive, worldwide, non-transferable right to access and use the Service during the Subscription Term, in accordance with these Terms and any Order Form.
  • Except for the limited rights above, we reserve all intellectual-property rights in and to the Service and the Assessments (including items, norms, scoring algorithms and manuals).

4. Acceptable use

You and all Users/Candidates must not:

  • violate any law or third-party right;
  • submit unlawful, discriminatory, defamatory, harassing, sexually explicit, or infringing content;
  • attempt to reverse engineer, copy, scrape, download, disclose or otherwise access test items, answer keys, norms or scoring logic;
  • cheat, assist cheating, use item banks, or circumvent proctoring/security;
  • probe, scan, or test the vulnerability of any system without permission.

5. Assessments: professional use & limitations

  • Qualified use. You are responsible for ensuring Assessments are selected, administered and interpreted by suitably trained personnel and in compliance with applicable employment, equality, testing and privacy laws/guidelines.
  • No clinical/medical advice. Assessments and Reports are not medical/clinical diagnostics or legal/financial advice. Do not use them to diagnose, treat or make decisions requiring licensed professional judgment.
  • Decision accountability. You are solely responsible for decisions you make using Reports or AI Output (e.g., hiring, promotion, coaching). Always validate with additional job-relevant information.
  • Fairness & bias. You will evaluate job-relatedness, adverse impact and local legal requirements, and implement appropriate accommodations for Candidates where required.

6. AI Output – no warranties & responsibility disclaimer

  • Probabilistic output. AI features may produce inaccurate, incomplete or offensive content.
  • No professional advice. Always independently verify before acting.
  • Your responsibility. You are solely responsible for review, filtering and use of AI Output.
  • We disclaim liability arising from AI Output, including claims based on accuracy, legality or appropriateness.

7. Content, Reports & data

  • Your content. You own all prompts, uploads and Reports linked to your account (“Customer Content”). You grant us a limited license to store, process and transmit Customer Content to provide the Service and fulfil legal obligations.
  • Assessment IP. We (and/or our licensors) own the Assessments, including items, forms, norms, scoring and manuals. You receive a limited license to use Reports internally; you may not resell, redistribute or create derivatives of the Assessments or underlying IP.
  • Data storage & security. We store Customer Content on encrypted infrastructure and apply industry-standard controls (e.g., AES-256 at rest, TLS in transit, ISO-aligned policies).
  • Special categories & Candidate consent. Where Assessments process Personal Data (including potentially sensitive data), you represent that you have a lawful basis (e.g., explicit consent or other applicable basis), have provided required notices, and will capture/record Candidate consent where required.
  • Minors. You must not administer Assessments to minors without verifiable parental/guardian consent and compliance with applicable law.
  • Data retention. Conversation data, assessment responses and Reports are retained while the account remains active, unless deletion is requested earlier. After account deletion, associated data is deleted or anonymised within a reasonable period, unless longer retention is required by law.
  • Analytics. We may process Usage Data in aggregated/anonymised form to maintain and improve the Service.

8. Privacy & data protection

  • Our processing of Personal Data is governed by the QNOMI Privacy Policy.
  • Each party will comply with applicable data-protection law, including EU/UK GDPR and (where applicable) CCPA/CPRA.
  • If you are established in the EEA/UK or otherwise require a DPA, you must execute our standard DPA before using the Service that involves Personal Data processing on your behalf.

9. Fees, billing, credits & taxes

  • Plans. Subscriptions cover access to the Service.
  • Assessment Credits. Assessments are purchased as non-transferable Credits or per-use fees as shown in your dashboard or Order Form. Credits may specify product, language, or form.
  • No refunds for Assessments. All purchases of Assessment Credits/uses are final and non-refundable, including unused, partially used, expired or mis-administered Credits, except where a refund is required by mandatory law.
  • Credit expiry. Credits do not expire.
  • Make-goods. If an Assessment fails due to a verified Service outage under our control, we may, at our discretion, reissue the affected Credit(s) if you notify us within 7 days and provide reasonable evidence.
  • Invoicing. Monthly plans are billed in advance; annual plans are billed annually in advance.
  • Price changes. We may adjust prices with at least 30 days’ notice; new rates apply at the next renewal or new billing cycle.
  • Taxes. Fees are exclusive of VAT/GST and similar taxes. You are responsible for taxes due in your jurisdiction.

10. Term, renewal & cancellation

  • Term. These Terms commence on the Effective Date and continue until terminated.
  • Auto-renewal. Subscriptions renew automatically for successive periods equal to the initial Subscription Term unless either party gives notice of non-renewal at least 10 days before the end of the then-current term.
  • Cancellation. You may cancel from your dashboard; access continues until the end of the current paid period.
  • Termination for cause. Either party may terminate for material breach if the other fails to cure within 30 days of notice (or immediately if the breach is incapable of cure).

11. Intellectual-property infringement

If you believe any content infringes your IP, email [email protected] (or the address stated on our site) with details; we will respond as required by applicable law.

12. Confidentiality

Each party will protect the other’s Confidential Information with at least the same care it uses to protect its own (and no less than reasonable care), and will not disclose it except to personnel/advisers who need to know and are bound by confidentiality obligations.

13. Warranties & disclaimers

  • Service commitment. We will use commercially reasonable efforts to provide the Service in a professional manner and with minimal interruptions.
  • Disclaimer. EXCEPT AS EXPRESSLY STATED, THE SERVICE, ASSESSMENTS, REPORTS, AI OUTPUT AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT).

14. Limitation of liability

  • Indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
  • Cap. EACH PARTY’S AGGREGATE LIABILITY FOR ALL CLAIMS IN ANY CALENDAR YEAR WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS IN THAT YEAR (OR €1,000 IF REQUIRED BY LAW BUT YOU HAVE PAID NOTHING).
  • Exclusions. The above limitations do not apply to: (a) your payment obligations; (b) either party’s gross negligence, wilful misconduct or fraud; (c) infringement indemnities in §15.

15. Indemnification

  • By you. You will defend and indemnify us against claims arising out of (a) Customer Content or Reports; (b) use of the Service in breach of these Terms or law; (c) your assessment practices or decisions; or (d) any product/service you provide to Candidates.
  • By us. We will defend and indemnify you against claims that the unmodified Service (excluding Assessments licensed to us by third parties) infringes a third-party patent, trademark or copyright, provided you (i) promptly notify us, (ii) allow us sole control of defence/settlement, and (iii) reasonably cooperate.
  • Third-party instruments. For Assessments licensed from third parties, your remedy (if any) will be limited to any pass-through rights we are permitted to grant.

16. Export & sanctions compliance

You will not use or allow access to the Service in violation of applicable export-control laws or sanctions programs (U.S., EU, UK, etc.).

17. Test security & audit

To protect test integrity, we may implement proctoring/anti-fraud measures, rate limits or content protection. We may review anomalous usage and request reasonable cooperation or logs; persistent security risks may result in suspension.

18. Publicity

We may list your name and logo on our website or marketing materials unless you opt out in writing.

19. Force majeure

Neither party is liable for failure to perform due to causes beyond its reasonable control (e.g., natural disasters, war, epidemic, internet outages); the affected party will use reasonable efforts to mitigate.

20. Governing law & disputes

These Terms are governed by the laws of the Netherlands, excluding conflict-of-laws principles. Disputes are submitted to the exclusive jurisdiction of the competent courts of Amsterdam, unless mandatory law grants you consumer jurisdiction elsewhere.

21. Changes to these terms

We may amend these Terms by posting a revised version with at least 30 days’ prior notice. Your continued use after the effective date constitutes acceptance. If you object, your sole remedy is to cancel before the new Terms take effect.

22. Miscellaneous

Assignment. You may not assign or transfer these Terms without our prior written consent; we may assign without restriction as part of a merger, acquisition or sale of assets.
Entire agreement. These Terms, the Privacy Policy, any DPA and the Order Form(s) constitute the entire agreement and supersede prior proposals and understandings.
Severability. If any provision is unenforceable, the remainder remains in effect.
No waiver. Failure to enforce any right is not a waiver of future enforcement.

Contact
Questions? [email protected] (or the support address indicated in your dashboard).