Heroify Platform Terms and Conditions

For the purposes of these Terms and Conditions, the following definitions apply:

2.1 Use of the Platform requires acceptance of these Terms and Conditions, the DPA, and the Privacy Policy, as well as the creation of an Account by a User acting on behalf of the Client. Creating an Account constitutes entering into a service agreement between the Client and the Service Provider.

2.2 The User undertakes to provide truthful and up-to-date information when creating the Account and to keep such information current throughout the use of the Platform. Providing false or outdated data may result in suspension or termination of the Account.

2.3 Through the Platform, the Service Provider provides in particular the following Services:

2.4 Assessments are created based on information provided by the User (including position title, level, competencies to be evaluated) and the library of questions and tasks available on the Platform. The detailed process of creating Assessments is described in the product documentation available within the Platform.

2.5 Each Assessment has a defined recommended completion time. The final score is affected by the number of correct and incorrect answers as well as other parameters specified within a given Assessment.

2.6 Before starting an Assessment, the Candidate/Participant accepts the Fairness Policy specifying the rules for independent completion of tasks (in particular the prohibition of using AI tools or assistance from third parties). Violation of the Fairness Policy may result in invalidation of results by the Service Provider or the Client.

2.7 Certain Platform functionalities (in particular mechanisms ensuring the integrity of the evaluation process) are carried out by the Service Provider acting as an independent controller of personal data. The scope and rules of such processing are described in the Candidate/Participant Privacy Policy.

2.8 In the case of the newsletter service, separate consent and provision of an email address are required in order to receive it. The newsletter is sent free of charge, and the User may unsubscribe at any time by clicking the deactivation link included in the message.

3.1 Payment rules, billing model (subscription, per-Assessment fees, or other), currency, deadlines, and billing periods are specified in a separate Cooperation Agreement concluded between the Client and the Service Provider or in the pricing published by the Service Provider.

3.2 Invoices are issued in accordance with applicable tax regulations and sent electronically to the email address associated with the Client’s Account.

3.3 A payment delay exceeding 30 days may result in suspension of the Client’s Account until outstanding payments are settled.

3.4 The service agreement is concluded for the period specified in the Cooperation Agreement or the selected subscription plan. Unless otherwise agreed, the agreement may be terminated by either Party with 30 days’ notice effective at the end of a calendar month.

3.5 The Service Provider may terminate the agreement with immediate effect in the event of a material breach of these Terms and Conditions by the Client or Users, in particular: infringement of the Service Provider’s copyrights, attempts to gain unauthorized access to the Platform systems, or payment delays exceeding 60 days.

3.6 After termination of the agreement, the rules regarding storage and export of Candidates’/Participants’ data are defined in the DPA. The Client has the right to export data within 30 days from termination of the agreement.

4.1 All content made available on the Platform, including photographs, questions, tasks, competency models, evaluation algorithms, and other Platform elements, is protected by copyright law and belongs to the Service Provider or Users publishing such content on the Platform with the Service Provider’s consent.

4.2 Copying, sharing, or using content available on the Platform outside the scope specified in these Terms and Conditions requires prior written consent from the Service Provider.

4.3 Assessment results (Candidates’/Participants’ responses, reports, analyses) constitute Candidates’/Participants’ personal data, the Controller of which is the Client. The Client has the right to use such data to the extent resulting from the DPA and applicable law. The Service Provider retains copyrights to the underlying questions, tasks, competency models, and evaluation algorithms.

4.4 Questions, tasks, and other content added to the Platform by the User remain the property of the Client. The Client grants the Service Provider a non-exclusive license to use such content to the extent necessary to provide the Services.

5.1 The Service Provider processes Candidates’/Participants’ personal data on behalf of the Client as a processor within the meaning of Article 28 of the GDPR. Detailed rules regarding such processing are defined in the DPA available at https://heroify.co/pl/dpa, constituting an integral part of these Terms and Conditions.

5.2 Acceptance of the DPA is a condition for starting to use the Platform. Use of the Platform constitutes acceptance of the current version of the DPA.

5.3 Clients requiring an individually negotiated DPA may contact the Service Provider at gdpr@heroify.co.

5.4 In the event of any inconsistency between the DPA and these Terms and Conditions, the DPA shall prevail in matters concerning personal data protection.

5.5 The rules for processing Clients’ and Users’ personal data are described in the Privacy Policy available at https://heroify.co/pl/polityka-prywatnosci/. The rules for processing Candidates’/Participants’ personal data are described in the Candidate/Participant Privacy Policy available at https://heroify.co/pl/polityka-prywatnosci-kandydaci/.

6.1 The Client grants the Service Provider a non-exclusive, royalty-free, and non-transferable license to use the Client’s name, business name, and logo for the Service Provider’s reference and marketing purposes, in particular on: the heroify.co website, the Service Provider’s social media, marketing materials, sales presentations, case studies, and communications with prospective clients and business partners.

6.2 Use of the Client’s name and logo is limited solely to information that the Client uses or has used the Heroify Platform. The Service Provider undertakes to use the Client’s name and logo in a reliable, lawful manner that does not mislead as to the nature or scope of the cooperation.

6.3 The Client has the right to revoke the granted license at any time by sending a message to contact@heroify.co. The Service Provider shall promptly, no later than within 30 days from receipt of the revocation, remove the Client’s name and logo from materials under its control (website, current social media profiles, currently used marketing materials). The revocation does not apply to materials already printed, published before revocation, or beyond the Service Provider’s control (e.g. archives or copies held by third parties).

6.4 Clients who do not wish their name and logo to be used in the manner specified in section 6.1 may inform the Service Provider at contact@heroify.co before or after starting to use the Platform. The Parties may also establish individual rules in a separate Cooperation Agreement - in such case, the provisions of the Cooperation Agreement shall prevail.

6.5 The provisions of this section do not infringe the Client’s rights to its name and logo as business identifiers and trademarks. The license granted under section 6.1 does not include the right to sublicense or transfer the license to third parties.

7.1 Complaints related to the Services may be submitted via email to: contact@heroify.co. The complaint should include identifying information of the Client or User (full name, company name, email address) and a description of the reason for the complaint.

7.2 Complaints concerning personal data processing and questions regarding the DPA should be directed to gdpr@heroify.co.

7.3 The Service Provider undertakes to review complaints within 14 days from receipt and inform the complainant about the outcome.

8.1 The Service Provider makes every effort to ensure that the Services and the Platform operate properly and continuously; however, it does not guarantee uninterrupted operation of the Platform.

8.2 The Service Provider is not responsible for the content of Assessments created by the User, nor for false or incomplete data provided by Users or Candidates/Participants.

8.3 Assessment results constitute only support for the Client’s decision-making process. The Service Provider shall not be liable for the consequences of decisions made by the Client based on Assessment results (including recruitment, HR, and development decisions).

8.4 The total liability of the Service Provider towards the Client under these Terms and Conditions - except for damages caused intentionally and liability which cannot be excluded or limited under mandatory provisions of law - shall be limited to the amount of fees paid by the Client during the 12 months preceding the event causing the damage.

8.5 The Service Provider shall not be liable for lost profits, loss of Client data resulting from actions of the Client or Users, or indirect damages.

8.6 The provisions of this section do not exclude or limit the Service Provider’s liability arising from the DPA with respect to personal data processing.

9.1 The Service Provider may amend these Terms and Conditions for important reasons, in particular: changes in law, changes to Platform functionalities, changes to the billing model, security considerations, or guidelines issued by supervisory authorities.

9.2 The Service Provider shall notify the Client of any material amendments to these Terms and Conditions at least 14 days in advance via email sent to the address associated with the Account or through a notice on the Platform.

9.3 Continued use of the Platform after the amendments enter into force constitutes acceptance of the amendments.

9.4 If the Client does not accept the amendments, they have the right to terminate the agreement before the amendments enter into force.

9.5 Amendments to the DPA are made in accordance with the rules specified in the DPA itself.

10.1 These Terms and Conditions shall be governed by Polish law.

10.2 The Parties shall attempt to resolve any disputes arising from these Terms and Conditions amicably. If no agreement is reached, the court having jurisdiction over the registered office of the Service Provider shall have jurisdiction.

10.3 If any provision of these Terms and Conditions is found invalid or ineffective, the remaining provisions shall remain in force.

10.4 Contact regarding these Terms and Conditions: contact@heroify.co. Contact regarding personal data protection: gdpr@heroify.co.

10.5 These Terms and Conditions enter into force on June 10, 2026 and replace the previous version effective from November 30, 2021.

June 10, 2026 - full update of the Terms and Conditions: new terminology (Client, User, Candidate/Participant, Assessment), repeal of the attached DPA and replacement with a reference to the published DPA at https://heroify.co/pl/dpa, addition of sections regarding payments and termination of the agreement, use of the Client’s name and logo for reference purposes, updated liability and amendment clauses, addition of a Fairness Policy section and Heroify’s dual-role approach for integrity mechanisms.

November 30, 2021 - first version of the Terms and Conditions.