These Terms and Conditions ("Terms") govern your access to and use of the Datakaru platform, websites, and related services (together, the "Service"). The Service is operated by Datakaru OÜ, a private limited company registered in Estonia (registry code: 17103247, registered address: Väike-Patarei 1/4, Tallinn, Estonia) ("Datakaru", "we", "us", or "our").
By creating an account, subscribing to a plan, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
The Service is intended for use by businesses and other organisations in the course of their hiring activities. It is not directed at consumers, and you confirm that you are using the Service for purposes relating to your trade, business, craft, or profession.
1. Definitions
- "Customer", "you", "your" — the company or organisation that registers for an account and, where applicable, subscribes to a paid plan. Where an individual accepts these Terms, they warrant that they are authorised to bind the organisation they represent.
- "Authorised User" — an individual (such as a hiring manager, recruiter, or reviewer) whom the Customer permits to access and use the Service on its behalf.
- "Candidate" — an individual invited by the Customer to complete an assessment through the Service.
- "Assessment" — an assignment, task, test, or challenge created, sent, or scored using the Service, including SQL and Python work-sample assignments.
- "Customer Content" — any data, tables, instructions, expected answers, rubrics, and other material that the Customer or its Authorised Users create, upload, or configure within the Service.
- "Candidate Submission" — code, queries, answers, and other material submitted by a Candidate when completing an Assessment.
2. The Service
Datakaru provides an online platform that enables Customers to create custom SQL and Python take-home assignments, send them to Candidates, and review and score Candidate Submissions, including with the assistance of automated (AI-based) scoring. The Service includes a secure, browser-based coding environment (IDE), support for multiple SQL dialects (including PostgreSQL, MySQL, and Microsoft SQL Server), time-limited assessments, and assessment-integrity safeguards.
We may update, improve, add, or remove features of the Service from time to time. We will not materially reduce the core functionality of a paid plan during a paid subscription term without notice.
2.1 Automated (AI) scoring
The Service may generate automated scores, summaries, or suggestions for Candidate Submissions. Automated scoring is provided as a decision-support aid only. It may contain errors and should not be relied upon as the sole basis for any hiring decision. The Customer remains solely responsible for reviewing results and for all hiring and evaluation decisions it makes. You should ensure your use of automated scoring complies with all laws applicable to you, including any obligations relating to automated decision-making and non-discrimination in recruitment.
2.2 Assessment integrity
The Service includes automated measures intended to help protect the integrity of Assessments (for example, flagging potentially suspicious behaviour). These measures are provided on a best-efforts basis, may produce false positives or false negatives, and do not guarantee detection of all misconduct. The Customer is responsible for interpreting any integrity signals and for its own conduct toward Candidates.
3. Accounts and eligibility
To use the Service you must register for an account and provide accurate, current, and complete information. You are responsible for:
- maintaining the confidentiality of your account credentials;
- all activity that occurs under your account and by your Authorised Users; and
- ensuring your Authorised Users comply with these Terms.
You must notify us promptly at [email protected] if you become aware of any unauthorised use of your account. You must be at least 18 years old and legally capable of entering into a binding contract to use the Service.
4. Free trial
We may offer a free trial of the Service (for example, a 14-day trial that does not require a payment method up front). At the end of the trial, access to paid features will end unless you subscribe to a paid plan. We may modify or discontinue trial offers at any time. Any Customer Content created during a trial may become inaccessible if you do not subscribe, and we are not obliged to retain it (see Section 12).
5. Plans, fees, and billing
5.1 Plans and pricing
The Service is offered under subscription plans. The features, candidate volumes, prices, billing frequency (such as monthly or annual), and any per-candidate overage charges applicable to your subscription are those displayed for the relevant plan at the time you subscribe, or as otherwise set out in an order agreed between you and Datakaru. Prices and plan details may change; changes will apply to your subscription from the start of your next renewal term, and we will give you reasonable advance notice of any increase.
5.2 Payment
You authorise us and our payment processor to charge the fees applicable to your subscription, including any usage-based or overage charges, using your designated payment method. Fees are payable in advance for each billing period unless stated otherwise. If a payment fails or is overdue, we may suspend or restrict your access to the Service until payment is made.
5.3 Renewal
Subscriptions renew automatically for successive periods of the same length as your current term unless you cancel before the end of the then-current period. You can cancel renewal through your account settings or by contacting us.
5.4 Taxes
Fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, duties, and similar charges, other than taxes based on our net income. Where required, VAT or equivalent taxes will be added.
5.5 Refunds
Except where required by applicable law, fees are non-refundable and there are no refunds or credits for partial billing periods, unused capacity, or downgrades. This does not affect any rights you may have that cannot be excluded by law.
6. Acceptable use
You agree not to, and not to permit any Authorised User or third party to:
- use the Service in violation of any applicable law or regulation;
- use the Service to send Assessments for any purpose other than legitimate, good-faith evaluation of Candidates;
- upload or transmit any content that is unlawful, infringing, defamatory, or that you do not have the right to use;
- attempt to gain unauthorised access to the Service, other accounts, or our systems, or interfere with or disrupt the integrity or performance of the Service;
- reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by law;
- circumvent or attempt to circumvent usage limits, security features, or assessment-integrity measures;
- use the Service to build a competing product or service, or copy its features or user interface;
- use automated means (such as scraping or bots) to access the Service other than as expressly permitted; or
- use the Service to process special categories of personal data except as strictly necessary and lawful for the assessment concerned.
We may investigate suspected violations and may suspend or terminate access for conduct that we reasonably believe violates these Terms or harms the Service, other users, or third parties.
7. Customer Content and Candidate Submissions
7.1 Ownership
As between you and Datakaru, you retain all rights in your Customer Content. Candidate Submissions are handled by you and processed by us on your behalf as described in these Terms and our Data Processing Agreement.
7.2 Licence to us
You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, and display Customer Content and Candidate Submissions to the extent necessary to provide, maintain, secure, and improve the Service, and to comply with law. We may also use aggregated and de-identified data (that does not identify you, any Authorised User, or any Candidate) to operate and improve the Service.
7.3 Your responsibilities
You are responsible for your Customer Content and for how you use the Service in relation to Candidates, including:
- ensuring you have all necessary rights and legal bases to upload Customer Content and to invite Candidates and process their personal data through the Service;
- providing Candidates with any notices and information required by applicable data protection and employment law; and
- ensuring your Assessments and evaluation practices are lawful, fair, and non-discriminatory.
8. Intellectual property
The Service, including all software, text, designs, and other material we provide (excluding Customer Content and Candidate Submissions), is owned by Datakaru or its licensors and is protected by intellectual property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription. All rights not expressly granted are reserved.
If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction or obligation to you.
9. Data protection and privacy
Our collection and use of personal data is described in our Privacy Policy. Where we process personal data (including Candidate personal data) on your behalf as a processor, that processing is governed by our Data Processing Agreement (DPA), which forms part of these Terms. Both documents are available on our website or on request at [email protected].
You act as the controller in respect of Candidate personal data you submit or collect through the Service, and Datakaru acts as your processor for such data, except where we act as a controller in respect of account and billing data and our own operation of the Service. Each party will comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR).
10. Third-party services
The Service may rely on or integrate with third-party services (for example, hosting, payment processing, and analytics providers). We are not responsible for third-party services, and your use of them may be subject to their own terms.
11. Availability, support, and changes
We aim to keep the Service available and functioning but do not guarantee uninterrupted or error-free operation. We may perform maintenance, and we may modify or discontinue parts of the Service. If we discontinue the Service (or a paid plan) entirely, we will give you reasonable notice and, where you have prepaid for a period that will not be provided, refund the unused, prepaid portion of your fees.
Support is provided by email at [email protected].
12. Suspension and termination
12.1 By you
You may stop using the Service and cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period.
12.2 By us
We may suspend or terminate your access to the Service, in whole or in part, if:
- you materially breach these Terms and (where the breach is capable of remedy) do not remedy it within a reasonable period after we notify you;
- your payment is overdue;
- we reasonably believe your use poses a security, legal, or reputational risk; or
- we are required to do so by law.
12.3 Effect of termination
On termination or expiry, your right to access the Service ends. We may delete Customer Content and Candidate Submissions after a reasonable period. You are responsible for exporting or retrieving any data you wish to keep before termination. Provisions that by their nature should survive termination (including Sections 7, 8, 13, 14, 15, and 17) will survive.
13. Disclaimers
The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will meet your requirements, that automated scoring will be accurate, that integrity measures will detect all misconduct, or that the Service will be uninterrupted, secure, or error-free. You are solely responsible for your hiring and evaluation decisions.
14. Limitation of liability
To the maximum extent permitted by law:
- neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages; and
- our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the total fees you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the liability.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for wilful misconduct.
15. Indemnity
You will defend, indemnify, and hold harmless Datakaru and its officers, directors, and employees from and against any claims, damages, liabilities, and reasonable costs (including reasonable legal fees) arising out of or relating to: (a) your Customer Content; (b) your use of the Service in breach of these Terms or applicable law; (c) your evaluation of, or dealings with, Candidates; or (d) your breach of your data protection obligations.
16. Confidentiality
Each party may have access to the other's non-public information. Each party agrees to protect the other's confidential information with reasonable care and to use it only as necessary to perform under these Terms, except where disclosure is required by law. This Section does not apply to information that is or becomes public through no fault of the receiving party, or that the receiving party lawfully holds without a duty of confidentiality.
17. Publicity
We may identify you as a customer of Datakaru and display your name and logo on our website and in marketing materials, solely to indicate that you use the Service. We will use your logo in accordance with any reasonable brand guidelines you provide, and we will stop such use promptly on written request to [email protected]. Any use of a customer testimonial, quote, or case study will only be made with your prior written consent.
18. Governing law and disputes
These Terms are governed by the laws of the Republic of Estonia, without regard to conflict-of-laws principles. The courts of Estonia (with the Harju County Court as the court of first instance) will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, except where mandatory law provides otherwise. The parties will first attempt to resolve any dispute amicably by good-faith negotiation.
19. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or through the Service) before they take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel your subscription.
20. General
- Entire agreement. These Terms, together with the Privacy Policy, the DPA, and any order or plan details, constitute the entire agreement between you and Datakaru regarding the Service and supersede any prior agreements.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is found to be unenforceable, the remaining provisions will remain in full effect.
- No waiver. Failure to enforce any provision is not a waiver of our right to do so later.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Notices. We may send notices to the email associated with your account. You may send notices to us at [email protected].
21. Contact us
Datakaru OÜ
Väike-Patarei 1/4
Tallinn, Estonia, European Union
Email: [email protected]