CodinGame Assessment Customer Agreement

This document was last updated on 21 January 2019.CodinGame offers a complete solution dedicated to companies wanting to source, screen and retain the best developers from all over the world.This customer agreement applies specifically to “CodinGame Assessment”, an online technical assessment solution.

1. Definitions

“ToS” refers to the Terms of Service available at the address https://www.codingame.com/work/terms-of-service/.“CodinGame”, “We”, “Our”, “Us”, “User”, “You”, “Services”, “Site”, “Account”, “Platform” have the same definitions as those in the ToS.“Candidate” refers to the candidate, employee or other (student, trainee, client…) assessed by You.“Contract” refers to all documents listed in the chapter “Contractual Documents”.“Customer Agreement” refers to this document, the CodinGame Assessment Service Customer Agreement.“Data” refers to any User data generated by or processed by our Services.

2. Object

This Customer Agreement applies to any User who has created an Account by subscribing to one of the free or paid CodinGame Assessment Service plans from the Site.By subscribing to one of the plans of this Service, governed by this Agreement, you accept this Agreement and all the contractual documents defined in the chapter “Contractual documents”.

3. Contractual documents

The contractual relationship between You and CodinGame is governed by the following contractual documents:

• This Customer Agreement available at https://www.codingame.com/work/codingame-assessment-customer-agreement/
• The Data Processing Agreement or “DPA” available at https://www.codingame.com/work/data-processing-agreement/
• The Terms of Service available at https://www.codingame.com/work/terms-of-service/
• The Privacy Policy available at https://www.codingame.com/work/privacy-policy/
• The Cookies Policy available at https://www.codingame.com/work/cookies-policy/

The documents of the Contract are complementary and mutually explain each other. In the event of any inconsistency between one or more of the documents mentioned above, the higher ranking document shall prevail.

4. CodinGame Assessment plans

The User can choose to subscribe to any of the following CodinGame Assessment plans:

• The “Free Trial” plan, a free plan
• The “Growth” plan, a paying plan
• The “Pay As You Go” plan, a paying plan

To take advantage of any one of these plans, the creation of an Account is mandatory. The conditions for creating an Account are those defined in the ToS. In particular, it should be noted that private individuals are not allowed to create an Account.Subscription to the “Enterprise” plan is not possible directly from the Site. You can contact sales@codingame.com to initiate such a subscription, which will be subject to a specific contract.

4.1 Free trial plan

You can create an Account by means of the “Free Trial” plan. In this case, it is not necessary to provide credit card details.If you choose this plan, We give you access to the CodinGame Assessment features in “Free Trial” mode for a period of fourteen (14) consecutive days (hereinafter referred to as “Free Trial Period”).A natural or legal person is not allowed to open several Accounts in order to benefit from several Free Trial Periods.The Free Trial Period begins at the time of your registration on the Site. We reserve the right to end this period at any time. After this 14-day period, You will no longer be able to use the Service in “Free Trial” mode.If you wish to use the Service after the Free Trial Period, you will need to purchase one of the paid plans from your Account.

4.3 “Pay As You Go” plan

From the Site, as part of the “Pay As You Go” plan, You can choose to purchase Test packs. Each pack contains a limited number of Tests. Depending on the number of packs purchased, your Account is credited with a number of Tests that can be used to assess Candidates.Each Test can be used over a period of 12 (twelve) months from the payment of the pack.When You invite a Candidate to take a Test, Your number of usable Tests is decreased by one (1) Test.Each new pack purchase made extends the validity period of any unused Tests by 12 (twelve) months from the date of the new purchase.No refund will be made due to the failure to use all Tests within the time limit.

4.4 Growth plan

If you choose to subscribe to a “Growth” plan, you subscribe to a monthly or annual subscription that allows you to use an unlimited number of Tests during the subscription period.In the case of a monthly subscription, the subscription starts on the date of payment and the commitment period ends one (1) month after that date.In the case of an annual subscription, the subscription starts on the date of payment and the commitment period ends one (1) year after that date.The date corresponding to the end of the commitment period is hereinafter referred to as the “Anniversary Date”.The renewal of the subscription is implicit and takes place on the Anniversary Date for the same commitment period.At any time You may decide to terminate your subscription from the Site, in which case You may continue to use the Tests without restriction until the end of the current commitment period, i.e. until the Anniversary Date of your subscription.Once the subscription is completed, you will no longer be able to invite Candidates.In the event of non-payment upon renewal, the subscription and access to the associated services will be automatically closed.If CodinGame deems that use of the Growth plan is excessive and is not “fair use” of the service (for example, an excessive number of invitations compared to the use observed among other customers), CodinGame reserves the right to terminate the subscription on the Anniversary Date. In this case, the customer will be notified by email no less than one week before the Anniversary Date of their subscription.

5. Terms for the implementation of Services

5.1. Services

CodinGame provides the User with Services associated with the technical test solution “CodinGame Assessment”.CodinGame Assessment is a skills assessment portal that measures the technical skills of online developers.It includes in particular:

• an invitation mechanism that allows the User to invite Candidates to take Tests
• question sets and exercises in several technologies classified by difficulty level
• a question editor that allows the User to create custom questions and exercises, tailored to their business (this personalized content is not accessible by other Users of the Platform)
• a cheat detection module that allows the User, for programming exercises, to identify candidates who have copied and pasted code from another candidate who has previously passed the test
• a remote video interview module that allows the User to connect by videoconference with the Candidate, with a shared code editor, visible to the recruiter and the Candidate
• the ability to customize the email template sent when inviting a candidate to take a test

The number of Tests available, the different question difficulty levels available, the number of custom questions that the User can create, and the available time on the video interview feature depend on the chosen plan as indicated on the price page at the address https://www.codingame.com/work/pricing/.With the Solution, the User can instantly generate detailed assessment reports that map out candidates’ skills and set comparative and short-list rankings by areas of expertise. These reports can be shared in web format (by entering the email address of the contact with whom you wish to share the report), or by exporting to PDF format.The User has a non-exclusive right to use the Services.In accordance with the ToS, it should be noted that this Agreement does not confer any ownership rights on the User with respect to the questions, programming exercises and their solutions. The temporary provision of questions and their solutions under the conditions provided for in the Contract cannot be interpreted as the transfer of any intellectual property rights to the Client, within the meaning of the French Intellectual Property Code.CodinGame is responsible for the Data hosting, maintenance and security of the CodinGame Assessment Service.The User is responsible for the use of the Services by any person authorized by the User to connect to the Services. It is their responsibility to ensure that these persons comply with the contractual terms for accessing the Services.Candidates will be invited to take Tests by the User.

4.2. Access to services

CodinGame makes all the Services available to the User via the Internet, for the duration provided for in the Agreement.Access to the Services is possible:

• from the User’s computers
• from any mobile device, connected to the Internet, belonging to the User
• by means of the User’s credentials (email, password)

As the Services are available via an Internet access, the User is solely responsible for the operator and network chosen for accessing the Services. It is up to the User to take any necessary measures to maintain this access. CodinGame cannot be held responsible for any line interruptions on the network. The User should be particularly attentive when choosing an operator, and pay particular attention to the available backup options.

4.3. Availability – SLA

The Services are accessible by the User at any time, 24 hours a day, 7 days a week, with the exception of maintenance periods.In the event of a failure to comply with this rule, CodinGame undertakes to reimburse the User in the form of a credit note on the next invoice for the following amounts, calculated on the basis of the duration of the failure over each month (D = Failure/A = Credit note):

• D < 75% availability A = 100%
• D < 90% availability A = 50%
• D < 95% availability A = 20%

Access to the Services may be temporarily interrupted for reasons of service-related necessity, in particular to ensure the maintenance of CodinGame’s servers. The User will be informed sufficiently in advance so that they can implement any necessary measures to avoid disruption of their activity. CodinGame cannot be held responsible for the possible impact of this unavailability on the User’s activities.

4.4 Technical assistance

Acceptance of the Contract provides access to technical assistance:

• Requests for assistance should be sent to support@codingame.com
• A first response, acknowledging the reception of the assistance request, will be sent by CodinGame within 8 (eight) business hours
• So-called “blocking” problems will be resolved within 24 (twenty-four) business hours. CodinGame will keep the customer informed of the progress of the resolution of these problems and will notify the customer by email once the problems have been resolved
• “Non-blocking” problems will be prioritized by CodinGame, who will keep the customer informed of the progress of the resolution of these problems and notify the customer by email once the problems have been resolved

5. Prices and Taxes

The prices of the paying plans are displayed on the Site (https://www.codingame.com/work/pricing/).For European countries, prices are displayed in euros excluding tax and payments must be made in euros. For other countries, prices are displayed in dollars excluding tax and payments must be made in dollars.Before each payment, any taxes are clearly indicated. Taxes are also visible on each invoice. Taxes depend on your billing country. Customers located outside the European Union do not pay taxes. For purchases made outside French territory, but from a country within the European Union, the entry of the intra-Community VAT number is mandatory and exempts you from paying VAT. For purchases made from Guadeloupe, Martinique or Reunion Island, a VAT of 8.5% applies. For purchases made from French Polynesia, a VAT of 16% applies. For purchases made from the rest of France, a VAT of 20% applies.

6. Payment terms

If you buy a paying plan, the Service can only be used after full payment of the price of the chosen plan. Paying plans can take the form of a pay-as-you-go plan or monthly or annual subscriptions.All purchases are final and will not be refunded.By making a payment You confirm that (i) You accept this Agreement in its entirety (ii) You are authorized to use the payment method you have chosen, in particular in the case of payment by credit card (iii) and that the funds associated with the payment method are sufficient to cover the cost of the chosen method.

6.1 Online payment

The “Pay As You Go” or monthly or annual “Growth” subscription plans can be paid for online, using a credit card, via the secure remote payment module of our payment partner “Stripe”, integrated into the payment form made available on the Site.To make your payment, You will have to (i) fill in all the fields of the payment form (ii) enter a valid credit card (iii) validate the form to confirm your payment (by clicking on the button “BUY NOW”). The number of the credit card used and its expiry date are encrypted and transmitted to Stripe. This data is sent directly to Stripe and does not pass through Our servers. We do not store this data on Our servers. Stripe stores this data only as part of your subscription in order to be able to re-invoice automatically on the Anniversary Date of the subscription.As soon as payment is triggered, Stripe debits from the credit card provided. If the debit fails, (i) You are informed from the Site (ii) access to the Services corresponding to the chosen plan is not activated. If the debit is successful (i) You are informed from the Site (ii) You can access the corresponding invoice from the Site (iii) access to the Services corresponding to the chosen plan is activated.The data recorded by Stripe at the time of payment constitutes proof of the financial transaction.As part of your subscription, on each Anniversary Date of the subscription, a new payment is triggered and Stripe debits the active credit card attached to your Account for the same amount as the first debit made as part of the subscription.At any time, You can go to the Site to change the credit card that will be charged on the Anniversary Date.

7.2 Payment on quotation

If you do not wish to pay directly online without a quote, you can contact our sales team (sales@codingame.com) to obtain a quote, accept this quote and pay the invoice associated with this quote either online by credit card or by bank transfer.This service is only available for “Growth” subscriptions with a one-year commitment period.Access to the CodinGame Assessment service will be effective on the date of acceptance of the quote, unless otherwise agreed between You and Us.In the event of total or partial non-payment despite the availability of an Account associated with a Growth plan, CodinGame may immediately close the said Account while implementing debt collection procedures. In particular, You can not claim that due to a lower than expected use of the CodinGame Assessment Service You release Yourself from Your payment obligations and decide not to pay CodinGame the full price of your plan.

7.3 Limitations

You must provide valid, accurate and complete information when filling in the payment form. The entry of invalid information may lead to the closure of the Account without this closure giving You the rights to a refund.

7.4 Billing

On each payment, an invoice is issued and available from the Site.For subscription plans, the tacit renewal payment is made on the Anniversary Date. The corresponding invoice is issued as soon as payment is validated and is available from the Site.

8. Price review

We reserve the right to change prices at any time.Once You have subscribed to a subscription, the prices will remain unchanged until the end of the current commitment period.When You have subscribed to a subscription, we reserve the right, at the end of the subscription period, at the time of automatic renewal, either to keep the old prices or to apply the new prices. In the latter case, (i) you will be notified two months in advance of the price change, (ii) at the time of renewal, Your current subscription will be cancelled and You will have to re-subscribe at the new price if you wish to continue using the Service after the change to the new price.

9. Processing of Personal Data

In addition to the conditions described in the “Data and Privacy policy” chapter of the ToS, as part of the CodinGame Assessment Service, You agree that CodinGame may process personal data as a processor and following your instructions, under the conditions described in the document “Data Processing Agreement” available at the following address: https://www.codingame.com/work/data-processing-agreement/

10. Duration and Termination

The Agreement is valid for an indefinite period of time and as long as you have an Account on the Site. The duration of the Services depends on the plan You subscribe to and is defined in the corresponding plan chapters.You may terminate the contract by requesting the closure of your Account in accordance with the conditions set out in the ToS.CodinGame reserves the right to terminate the Contract by closing the Account in the event of non-compliance with any of the terms of the Contract.

11. Revision of the Contract

The applicable Contract is the one in effect at the time of connection and use of the Site by You. However, CodinGame may freely update the Contract documents at any time in order to adapt them to changes in the Services and/or their operation.These modifications are brought to the attention of Users by simply putting them online. They are deemed to have been accepted without reservation by any User who accesses the Site after the said posting. We therefore invite Users to regularly consult the documents constituting the Contract.Any new service incorporating new features that improve the quality of existing Services will also be subject to these Specific Conditions, unless otherwise expressly provided.