Terms and Conditions

Business terms and conditions of Behavera s.r.o. Registered office at Zubatého 295/5, Smíchov, 15000, Prague 5, Czech Republic, IČO: 03525520, file number C 233138 held at the Municipal Court in Prague.

Introductory provisions

‍These business and product terms and conditions (collectively referred to as the "Terms and Conditions") govern the relationship in the supply and use of Behavera's services. This is the use of a platform developed and owned by Behavera. The Platform is available through interfaces located at the internet addresses dashboard.behavera.com, welcome.behavera.com, game.behavera.com and bibi.behavera.com (hereinafter referred to as the "Service").

Clients of the Service are legal entities and natural persons entrepreneurs (hereinafter referred to as "Client") who use the Service and through it realize:

- online assessment of job applicants with the aim of selecting suitable candidates for the next rounds of the selection process,

- assessment of employees with the aim of selecting suitable means for the further development of their key competences,

- online advertising of job opportunities and content related to work-personality topics,

- activities related to other personnel needs of the Client.

Participant means a natural person whom the Client decides to invite to the Service for the purpose of testing him through the Service (hereinafter referred to as "Participant"). The participant can be an employee of the Client or another cooperating person of the Client, who is made available to the Service on the basis of a contractual relationship between Behavera and the Client.

Deviating written agreements between Behavera and the Client take precedence over the provisions of these Terms.

Rights and obligations from the contractual relationship between Behavera and the Client are governed by Czech law. To resolve any disputes, the participants designate the court in Prague as the competent court.

Terms of use of the service

‍The client is obliged to register in the internet interface before starting to use the Service. Full registration is a condition for proper use of the Service.

- When registering, the client is obliged to provide true information about himself and the company (legal entity) he registers on the platform. Behavera reserves the right to verify this information.

- The client has the option to create additional accesses in his account, unless otherwise agreed in the contract. Further access can be created exclusively for a responsible person, demonstrably designated by the Client.

The Client delivers access to a specific assessment within the service used to the Participants electronically in the form of an internet link. The assessment created by the Client is active for its User at the moment of its activation through the Internet interface of the Service (hereinafter referred to as "Active assessment").

- The period of validity of the Active Assessment (i.e. the time during which Participants can log in and complete the assessment) is defined by the Client in his user account.

- During the entire period of validity of the Active Assessment, the Participant is allowed to create one through the Internet interface. Service your account (hereinafter referred to as "Participant Access") and complete assessment tasks. After the expiration of the set validity period, the Participant is denied the opportunity to complete the assessment, if he has not already done so.

The Participant will complete the assessment defined by the Client through the Internet environment of the Service. His answers are automatically stored and secured on the remote server of the Service.

The Participant's access to the specified assessment is possible only after completing his registration in the Service environment. The Participant can interrupt his activity during the assessment. After an interruption, he is allowed to continue at the point where he interrupted the assessment and complete it. The participant may not complete the assessment. Through the Service, the Client has access to the automatically evaluated and interpreted results of the Participants who have completed the assessment, which consist of qualitative and quantitative indicators measured as part of the assessment. In the event that the Participant has not completed the assessment, the Client has access only to the information that the Participant provided as part of logging into the Service. The Client undertakes to present through the Service only true and undistorted information that is in accordance with the legal order of the Czech Republic and that does not cause harm to third parties or the company Behavera, are not discriminatory under any circumstances, and which do not contradict good morals and ethics. The person who presented this information through the Service is responsible for the content of the information presented. Behavera has the right to prevent, by available technical or legal means, the use of the Service by a Client or Participant who has repeatedly or substantially violated the provisions of these Terms and to take subsequent legal actions from such conduct.

Price of a service

‍Overview price lists issued by Behavera, as well as oral and telephone information or information provided via the website about the prices of the Service, are informative, non-binding on Behavera's part and non-enforceable by the Client. Behavera reserves the right to change the parameters of the Service, or and Service prices without prior written notice.

To clarify the price and specification of the subject of performance, the Client is entitled to request a binding price offer, the validity of which is 14 calendar days from the date of issue, unless otherwise stated. The prices of the subject of performance stated in the price offer do not include related services, unless expressly stated otherwise. The request for the provision of related services must be explicitly stated in the order.

A conclusion of the contract

‍Unless the contractual parties agree otherwise, a contract for the use of the Service between Behavera and the Client is concluded on the basis of the Client's written orders sent electronically, usually via email. The issuing of an order is usually preceded by a price offer from Behaver made on the basis of the Client's request. Unless otherwise stated, these Terms apply to the binding relationship between the contracting parties. For the pricing of the Service, the prices specified in the valid price offer, or the prices valid at the time the order is accepted, apply. Payment Terms

The price is payable on the basis of a tax document - invoice. Behavera issues an invoice to the Client after the conclusion of the contract, in the case of a long-term contractual relationship, always at the beginning of the period for which the invoice is issued. The invoice is due on the 14th day from the date of issue, unless otherwise agreed by the contracting parties. In the case of the Service, the date of feasible taxable performance is the first day of provision of the Service by the Operator or the date of issuance of the tax document, whichever is earlier. 14 calendar days, Behavera is entitled to suspend the provision of the Service until the price is paid in full by the Client. The provision of the Service will be resumed immediately after the amount owed has been credited to Behavera's account. The Client is not entitled to an extension of the period of provision of the Service by the period during which the provision of the Service was interrupted for the above-mentioned reason, nor is he entitled to a discount or any other reduction of the agreed price for the Service.

‍Security of information

‍The contracting parties undertake to maintain the confidentiality of confidential information arising from the nature of the use of the Service. Confidential information is considered to be such information and data that the contracting parties learn in direct or indirect connection with negotiations on mutual cooperation, as well as all data, documentation, texts, computer and printed media, which are provided to each other by the contracting parties in writing or orally during negotiations and/or use of the Service.

Behavera expressly undertakes that it also considers all information about the Client and Participants to be confidential information. It is not considered a breach of confidentiality if any party to the contract is obliged to disclose confidential information on the basis of an obligation established by law. The duty of confidentiality continues regardless of the termination of the contractual relationship , termination of use of the Service or termination of the contract between Behavera and the Client.

In connection with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data (hereinafter "GDPR"), Behavera declares that in relation to the personal data of the Client and Assessment Participants it is in the role of Personal Data Manager . In this context, Behavera undertakes to:

- ensuring that data subjects are informed in accordance with Articles 12 – 22 of the GDPR regulation,

- the introduction of appropriate technical and organizational measures to document the compliance of personal data processing with the GDPR regulation,

- ensuring adequate protection against any loss, theft, destruction, unauthorized access, accidental or other damage or other unauthorized use or processing of personal data.

Behavera acknowledges that it is obliged to comply with all legal regulations relating to the protection of data, personal information and trade secrets.

Intellectual property protection

‍All content of the Service, its system and other related elements such as tools, functions, test questions, texts, graphics, videos, images, logos, icons, internet presentation and all other related objects of tangible and intangible nature are the property of Behavera. They are protected in accordance with copyright and other intellectual property laws. The Client may not use the Service and/or the Platform and/or its part other than for its own use. In particular, it is prohibited for the Client to use the Service and/or the Platform and/or its part in the form of dissemination and copying or other technical processing without the demonstrable consent of Behaver. Unauthorized use of the content of the Service and/or the Platform constitutes a violation of these rights and related applicable legal regulations.

General conditions

‍Behavera is entitled to withdraw from this contractual relationship if the Client is in arrears with the payment of financial sums according to these Conditions for a period longer than 14 days. Furthermore, he is entitled to withdraw if the Client damages the good name or trademark of Behavera.

Behavera is also entitled to implement a reservation of ownership in accordance with these Terms and Conditions.

Completion of the assessment by the Participant is under all circumstances offer, the validity of which is 14 calendar days from the date of issue, unless otherwise stated. The prices of the subject of performance stated in the price offer do not include related services, unless expressly stated otherwise. The request for the provision of related services must be explicitly stated in the order.

A conclusion of the contract

‍Unless the contractual parties agree otherwise, a contract for the use of the Service between Behavera and the Client is concluded on the basis of the Client's written orders sent electronically, usually via email. The issuing of an order is usually preceded by a price offer from Behaver made on the basis of the Client's request. Unless otherwise stated, these Terms apply to the binding relationship between the contracting parties. For the pricing of the Service, the prices specified in the valid price offer, or the prices valid at the time the order is accepted, apply. Payment Terms

The price is payable on the basis of a tax document - invoice. Behavera issues an invoice to the Client after the conclusion of the contract, in the case of a long-term contractual relationship, always at the beginning of the period for which the invoice is issued. The invoice is due on the 14th day from the date of issue, unless otherwise agreed by the contracting parties. In the case of the Service, the date of feasible taxable performance is the first day of provision of the Service by the Operator or the date of issuance of the tax document, whichever is earlier. 14 calendar days, Behavera is entitled to suspend the provision of the Service until the price is paid in full by the Client. The provision of the Service will be resumed immediately after the amount owed has been credited to Behavera's account. The Client is not entitled to an extension of the period of provision of the Service by the period during which the provision of the Service was interrupted for the above-mentioned reason, nor is he entitled to a discount or any other reduction of the agreed price for the Service.

‍Security of information

‍The contracting parties undertake to maintain the confidentiality of confidential information arising from the nature of the use of the Service. Confidential information is considered to be such information and data that the contracting parties learn in direct or indirect connection with negotiations on mutual cooperation, as well as all data, documentation, texts, computer and printed media, which are provided to each other by the contracting parties in writing or orally during negotiations and/or use of the Service.

Behavera expressly undertakes that it also considers all information about the Client and Participants to be confidential information. It is not considered a breach of confidentiality if any party to the contract is obliged to disclose confidential information on the basis of an obligation established by law. The duty of confidentiality continues regardless of the termination of the contractual relationship , termination of use of the Service or termination of the contract between Behavera and the Client.

In connection with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data (hereinafter "GDPR"), Behavera declares that in relation to the personal data of the Client and Assessment Participants it is in the role of Personal Data Manager . In this context, Behavera undertakes to:

- ensuring that data subjects are informed in accordance with Articles 12 – 22 of the GDPR regulation,

- the introduction of appropriate technical and organizational measures to document the compliance of personal data processing with the GDPR regulation,

- ensuring adequate protection against any loss, theft, destruction, unauthorized access, accidental or other damage or other unauthorized use or processing of personal data.

Behavera acknowledges that it is obliged to comply with all legal regulations relating to the protection of data, personal information and trade secrets.

Intellectual property protection

‍All content of the Service, its system and other related elements such as tools, functions, test questions, texts, graphics, videos, images, logos, icons, internet presentation and all other related objects of tangible and intangible nature are the property of Behavera. They are protected in accordance with copyright and other intellectual property laws. The Client may not use the Service and/or the Platform and/or its part other than for its own use. In particular, it is prohibited for the Client to use the Service and/or the Platform and/or its part in the form of dissemination and copying or other technical processing without the demonstrable consent of Behaver. Unauthorized use of the content of the Service and/or the Platform constitutes a violation of these rights and related applicable legal regulations.

General conditions

‍Behavera is entitled to withdraw from this contractual relationship if the Client is in arrears with the payment of financial sums according to these Conditions for a period longer than 14 days. Furthermore, he is entitled to withdraw if the Client damages the good name or trademark of Behavera.

Behavera is also entitled to implement a reservation of ownership in accordance with these Terms and Conditions.

Completion of the assessment by the Participant is in all circumstances free of charge for the Participant and cannot be charged to any of the parties involved. Client is not entitled to ask the Participant for any additional performance in connection with the performance of the assessment.

The Client is not entitled to a refund of the Price paid or to a discount from the Price in the event that he does not use the ordered Services due to technical obstacles on his part and/or failure to fulfill the assessment of his Participants. Behavera reserves the right to condition the start of the provision of the Service by paying a deposit in a specified amount and in a specified manner .

By registering in the Internet interface of the Service, sending an order or concluding a contract with Behavera, the client acknowledges and expressly and without any reservations agrees to:

- respecting the terms and conditions of the provision of the Service specified in the Terms and Conditions,

- respecting the technical possibilities of the Internet, Internet browsers and the electronic system of the Service,

- respecting the nature and purpose of the Service provided,

- the fact that the results of the Service will be further processed in an anonymized form by Behavera, for the purpose of anonymous statistics and further improvement of the Service,

- the content of these Terms and Conditions.

These Terms and Conditions become valid and effective on 1 July 2022 and fully replace the General Terms and Conditions of Behavera s.r.o. from 1/1/2020.

The current version of the Terms can be found at: behavera.com/terms