End User License Agreement

Notice to User

Please note that if the intent is to use TalentPRO learning management system, Fit In Test (FIT) or any other Controlix solution within your corporate network infrastructure, containing strict IT policies, firewall or other enterprise security layers, you may need to obtain help from your IT manager to ensure these Platform applications work as intended and safe within your infrastructure.

1 Grant of License

Controlix grants you a nonexclusive and limited license to use the Platform products and functionalities for which you have paid the applicable fees solely for your internal business purposes and in accordance with the terms and conditions of this Agreement. The Platform is licensed, not sold, to you. This license does not apply to any other Platform program that may be provided with the Platform application.

2 FIT Use of License

You agree to use the Platform by only one person per license purchased. You may use the Platform only for the number of licenses acquired by you. For example, if you are licensed to use a 1 (one) Personality Test, 1 (one) English Test, and 1 (one) Technical Test you may assign all 3 (three) tests to one participant or 1 (one) test to 3 (three) different participants.

You acknowledge the fit report is designed to help inform decision-making around the suitability of candidates for a particular role. This information should only be used in conjunction with other sources of information, such as resume, interview and recommendations, and is not intended to be the sole hiring criteria.

3 TalentPRO Use of License

You agree to use the Platform service by only one person per license purchased. For example, if you are licensed to use a course in TalentPRO which has a usage allocation of three (3) months, then the course will expire when you reach this date limit.

If you have any questions regarding any of these policies, contact us at e3support@3-ec.com.

4 Accounts

You need an account for all activities on our platform. Keep your password somewhere safe because you are responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting Controlix at e3support@3-ec.com.

You must have reached the age of consent for online services in your country to use Controlix Platform. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.

• You may not transfer your account to someone else or use someone else's account.
• You may not share your account login credentials with anyone else.
• You are responsible for what happens with your account.
• In the event of the death of a user, the account of that user will be closed.
• You must notify us immediately if you suspect any breach of security.

5 Copyright

The Platforms are copyrighted by Controlix and/or its suppliers and is protected by United States copyright and patent laws and international treaty provisions. You will not remove copyright notices from the Platforms. Licensee agrees to prevent any unauthorized copying of the Platforms. You may not copy the Platform or reverse engineer the Platforms or its content.

6 Ownership

Controlix and/or its suppliers retain all right, title and interest in and to the Platform and all copies at all times, regardless of the form or media in or on which the original or other copies may subsequently exist, hardware provided by Controlix and any accompanying documentation.

You neither own nor hereby acquire any claim or right of ownership to the Platform or to any related patents, copyrights, trademarks, trade secrets or other intellectual property. You agree to retain the Platform, the terms of this Agreement as well as any Platform benchmark or similar tests in confidence and prevent them from unauthorized disclosure or use except with Controlix's prior written consent.

7 Publishing

If you publish a course or a test in one of Controlix platforms you are also agreeing to the Instructor Terms. We also provide details regarding our processing of personal data in our Privacy Policy.

If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with Controlix through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.

8 Controlix Platforms Enrollment and Access

When you enroll in any of our platforms your account will be governed by our privacy policy. You get a license from us to access our platforms and services and no other use. Do not try to transfer or resell the license to our platforms or courses in any way.

As a student, when you enroll in a course, whether it's a free or paid course, you are getting a license from Controlix to view the course via the TalentPRO platform and Services. Courses are licensed, and not sold, to you.

Controlix grants you a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services.

9 Term

The terms of the platforms (not to include training content or tests) license agreement is for Twelve (12) months from the date of first use of the Platform.

10 Termination

This Agreement is effective until terminated. Either party may terminate this Agreement at any time for any reason by providing the other party advance written notice, provided that if you terminate, you have complied with the return and/or destruction policy set forth below.

This Agreement may be immediately terminated by Controlix if: (i) you fail to pay the license fees and other charges set forth at the time of your order; or (ii) you fail to comply with any of the terms and conditions set forth in this Agreement.

Sections 5, 6, 7, 10, 11, 13, 14, 17, 21, 22, and 23 shall survive termination of this Agreement.

11 Audit

During the term of this Agreement and for two (2) years after termination or expiration, Controlix may audit, upon reasonable notice to you and at Controlix's own expense, your books and records to determine your compliance with this Agreement. In the event any such audit reveals that you have knowingly breached any material obligation hereunder, you shall also pay or reimburse to Controlix the cost of the audit.

12 Behaviour Rules

You can only use Controlix platforms and services for lawful purposes. You are responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses, tests and any other content you upload in line with the law and respect the intellectual property rights of others.

• You may not access our Services from territories where U.S. businesses are prohibited (such as Cuba, Iran, North Korea, Sudan, or Syria).
• You may not post content that violates applicable local or national laws.
• You are solely responsible for any courses, content, and actions you post.
• We may terminate or suspend your account at any time for violations of these Terms.

We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.

13 Limited Warranty and Remedy

Controlix does not warrant that the Platform will operate uninterrupted or error free. Your exclusive remedy for breach of the above-stated limited warranty shall be that Controlix will use its commercially reasonable efforts to correct the Platform or, at its sole option, replace the Platform with conforming product(s).

14 Limitation of Liability

Controlix AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE PLATFORM LICENSE FEES PAID BY YOU FOR THE PLATFORM OR THE FEES PAID BY YOU FOR THE SERVICE DIRECTLY CAUSING THE DAMAGES.

15 Feedback and Content Submission

If you provide feedback to Controlix, you shall grant Controlix the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid-up rights:

• To make, use, copy, modify, sell, distribute, sub-license, and create derivative works of the Feedback.
• To publicly perform or display, import, broadcast, transmit, and distribute the Feedback.
• To sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.

16 Technical Support Services

If you purchased Support Services, Controlix will provide product support services for the Platform in accordance with Controlix's then current Support Services terms and conditions. Controlix handles your personal information in accordance with its privacy policy, available at fit.3-ec.com/privacy-policy.

Personal information hosted by the Platform includes but is not limited to: (i) information delivered to Controlix at the time of purchase; (ii) information input by the end user into the 'Profile' section; (iii) training records or documents uploaded to the platform; and (iv) content registration and progress data.

17 General

If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions. This Agreement constitutes the entire agreement between you and Controlix, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement.

18 Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, USA, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the federal or state courts situated within the Southern District of Texas.

19 Confidentiality

You agree that the Platform (including but not limited to its design, organization, data, structure of individual programs, processes, user interfaces, logins, passwords, performance specifications, code, content, subject-matter and related documentation) as well as the terms of this Agreement constitute confidential proprietary information of Controlix.

You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Controlix.

20 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means:

• Neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.
• An arbitrator can't combine multiple people's claims into a single case.
• An arbitrator's decision or award in one person's case can only impact that user, not other users.

21 Dispute Resolution

Any controversy or claim arising out of or relating to this Agreement is to be settled by arbitration in Houston, Texas in accordance with the Commercial Arbitration Rules of JAMS, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Each party will pay the fees of the arbitrator he or it selects and his or its own attorneys, and the expenses of his or its witnesses and all other expenses connected with presenting his or its case.

22 Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices, and Controlix reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

23 How to Contact Us

The best way to get in touch with us is to contact us at controlix.ai. We would love to hear your questions, concerns, and feedback about our Services.