JoinAgile Competency Testing

TERMS OF SERVICE

Updated 05 January 2022

INTRODUCTION

JoinAgile Competency Testing System is the name of the main Service offered by its author, Dmitri Iarandine, on this website. The user-facing and underlying elements of it (including and not limited to the actual User Interace, back-end scripts, configuration files, Database with the User and Test information) are also frequently referred to as the "Portal", "Service", or the "Offering".
The terms "JoinAgile", "JoinAgile Initiative", "JoinAgile Training", "JoinAgile.com", "I", "we", "us", "our" or any grammatical variation of the preceding terms shall refer to the sole trader business identity of Dmitri Iarandine, founder of this Service, professional Agile Coach and Trainer, whereas the terms “you”, “your” or any grammatical variation shall refer to our clients or users of any of our Services including but not restricted to our websites, mobile applications, online skill testing systems, interactive web-page embedded scripts, or e-mails.
Your use of the Portal or any other services and products offered by JoinAgile is subject to the Terms of Service mentioned in this document, without prejudice to any additional terms which may be part of the agreement specific to the service that you wish to avail. Your agreement with JoinAgile will always include, at a minimum, the Terms of Service set out in this document.

Acceptance of these TERMS OF SERVICE

You are expected to be aware of our Terms of Service prior to making use of our services. Your use of our websites or any other means of communication to interact with us shall be construed as your acceptance of our Terms of Service even if no transaction has taken place.
In order to make use of our services you must agree to the terms laid down in this document. You may NOT make use of JoinAgile Competency Testing System - the "Portal" - or any of our other services if you do not agree to these Terms of Service.
If you require any clarification of these Terms of Service or any other particulars of our Service to you as a potential User, we welcome you to contact us using any details provided on our website(s), or by directly emailing us at hello@joinagile.com - and expressing the nature of your inquiry or concern.

Provision of the Service by JoinAgile

Our Service was designed for these two distinct groups of Users (no longer supporting the second group, as of January 2022 - see note at the end of this ToS section):

Recruitment Professionals or any official representatives of the companies hiring and developing their staff (such as the Human Resources)
Independent Candidates (or simply "Candidates") - individuals who do not represent any companies but are interested in a personal registration on our Portal with the purposes of on-demand self-service competency testing and obtaining our non-accredited LACP Certification

Conditions under which this Service is provisioned vary slightly depending on the target User group that you fall under, based on the nature of your professional occupation and the interest you have in our Service.

For the Recruiters and hiring professionals:

There is no initial fee for evaluating our Service during the currently established trial period. Specific conditions and limitations of the Trial are outlined in the FAQ. Conditions of the Free Trial are subject to change at any point, without any notice to you and at our discretion. These changes could be caused by the personal and professional circumstances of the founder of this Service, or any changes to Job Market conditions that are impossible to predict at the moment of updating these Terms of Service.
Upon completion of the Free Trial period, your access to the Service will be suspended, and you will be given an option to establish a Paid subscription to maintain your unhindered access to our Service.
You are encouraged to get in touch with the founder of this Service at any time before or after expiration of your Free Trial to discuss the currently proposed subscription pricing, or any other options to pay for the Service going forward that might be more suitable for your professional needs.

For any independently registered Candidates:

Independent Candidates are welcome to request an invitation code to register on our Portal and remain a Member of JoinAgile Competency Testing Community for free and indefinitely;
Once you've registered for the first time, you will be granted one free attempt at passing our main Lean-Agile qualification test - the Lean-Agile Certified Practitioner (LACP) Exam, granting you our own non-accredited and independent Certification if you've passed the test above the required qualification mark;
It is against these Terms of Service to create multiple accounts and User Records to obtain the free initial attempt at passing LACP exam. Even if you succeed at doing that, there is a crawler bot and scheduled manual Database audit processes that will identify double-registrations based on your Centificate name, IP address at the time of registration and certain other data. Any identified duplicate registrations will be removed without any notice, and any LACP certifications obtained by the owner of the record will be revoked.
Any additional attempts to take the LACP test can be purchased through the Portal interface, using a one-time secure PayPal transaction. Please contact us if you're experiencing any problems with completing this transaction.

Additionally, for any type of Users:

There is currently no intention to remove your User record from our database should you decide to not set up a subscription upon completion of your Free Trial (if the Free Trial condition was applicable to your user group). This is designed to allow you to return to our Service after a while when you see further need in it, where you could reactivate your User record and retain all of your Candidate details and data that's been recorded for you to date.
Should you decide to permanently leave the Service and remove any and all of your User registration and Candidate data from our Portal, you would be welcome to email us directly - hello@joinagile.com - and request permanent deletion of your information, which we'll be happy to accommodate then.
Best efforts will be made to maintain maximum availability of our Service to you, but as we rely on the external web hosting and other Services to provision our own, You acknowledge and agree that JoinAgile may stop (permanently or temporarily) providing the Service (or any features within the offering) with or without notice, at the sole discretion of the founder of JoinAgile.
In the event of us permanently stopping the Service at any unforeseeable point in future, any balance of your active subscription to our Service will be refunded to "pro rata" based on the time interval you've already paid for.
You acknowledge and agree that while JoinAgile may not limit your use of our Services in any way upon your initial registration, it may do so IF YOUR USE HINDERS with the ability of JoinAgile Training to carry on its operations, or the ability of other Users to use the Service.
JoinAgile and the founder of the Service shall not be responsible for any loss or damage caused by modification of the features, limitation of use of our offering or the discontinuation thereof altogether.

As the job market conditions and the state of JoinAgile Initiative have changed in the early 2022, as of January 2022 we are no longer offering our Service to the second user group listed above - the individually registered Candidates.

There are currently no plans to disable any existing individual Candidate user records or provided LACP certifications, but JoinAgile Service no longer accepts individual registrations and is shifting its focus towards supporting and further developing the functionality for the needs of the first user group of the Recruiters and official representatives of the hiring companies.

Use of JoinAgile's Service

In order to access and make use of our main Service, you will be required to provide some information about yourself. What information we expect you to provide, how we use and store it, and other related details are explained and governed by our Privacy Policy. Proceeding to register and use our Services means you have read and agreed with our Privacy Policy.
JoinAgile and the founder of the Service shall not be liable for any loss or damage caused due to faulty information provided to us by you.
We will not share any personal information of our Users with third parties, unless required to do so by law. For more information regarding the manner in which User's personal information handled by JoinAgile please refer to our Privacy Policy.
You agree not to access (or attempt to access) any of the Service by any means other than through the interfaces provided by JoinAgile, unless you have been specifically allowed to do so in a separate written agreement with the founder of the Service. YOU SPECIFICALLY AGREE not to access (or attempt to access) any of the Portal or our other Services through any automated means (including through the use of scripts or web crawlers).
Unless you have been specifically permitted to do so in a separate agreement with the founder of this Service, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service, its data (for example, any of the Questions and Answers that you might have encountered while taking any of our Competency Tests) for any purpose.
You agree that you are solely responsible for any breach of obligations on your part of the Terms mentioned in this document or in any contract between you and JoinAgile and for the consequences (including any loss or damage which JoinAgile may suffer) of any such breach.
We try to ensure that any confidential information provided by you is protected. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into JoinAgile's database, the founder of this Service shall not be made liable for the resulting damages.
The third party web sites may use technology to send (or "serve") the content of our web site and to process payments for the purchase of services on our web site and similar purposes. Third parties may host the servers that deliver our hosted services to our customers. Hyperlinks to the websites of third parties might be placed on our websites. The use of the services offered by such third parties shall not be subject to this document or our Privacy Policy. JoinAgile shall not be responsible for the services provided by any third party.

Security of your User account

JoinAgile shall provide its Service(s) primarily through its website(s). You will need to make use of a web-based account to make use of our services. You agree and understand that you are responsible to JoinAgile and to the indirectly involved third parties (such as any "Candidates" trusting you with their personal data including their Email addresses) for maintaining the confidentiality of passwords associated with any account you use to access the Service. You will be solely responsible for all activities that occur under your account.
JoinAgile will take due care to ensure the confidentiality of your credentials, such as storing your password in an hashed form in our database. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into JoinAgile database, the founder of the Service shall not be made liable for the resulting damages.
If you become aware of any unauthorized use of your password or of your account, you agree to notify the founder of the Service immediately, using any contact means available on our website, or by emailing us directly at hello@joinagile.com.

Intellectual Property Rights

JoinAgile gives you a Personal Non-Exclusive license to use the web interface provided to you by us as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by JoinAgile, in the manner permitted by these terms.
The source code of the interface provided by us is protected under various International laws. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the interface or any part thereof.
Unless the founder of this Service has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Service or otherwise transfer any part of your rights to use the Service.

Termination of your relationship with JoinAgile

The Terms will continue to apply until terminated by either you or JoinAgile as set out below.
JoinAgile may at any time, terminate its legal agreement with you if:
- you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
- JoinAgile is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful).
When these terms come to an end, all of the legal rights, obligations and liabilities that you and JoinAgile are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.

EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICE IS
AT YOUR SOLE RISK AND THAT OUR SERVICES ARE PROVIDED
ON AN „AS IS‟ AND „AS AVAILABLE‟ BASIS.
IN PARTICULAR, THE FOUNDER OF THE SERVICE DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THE FOUNDER OF THE SERVICE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM JOINAGILE OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
JOINAGILE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES AND CONDITIONS OF TRADE, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liabilities

SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT JOINAGILE SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY
THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO,
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF
DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICE, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING
BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

ANY CHANGES WHICH THE FOUNDER OF THE SERVICE MAY MAKE TO THE SERVICE, OR
FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE
PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);

THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY
CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR
TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;

YOUR FAILURE TO PROVIDE JOINAGILE WITH ACCURATE ACCOUNT INFORMATION;

YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

Changes to the Terms

JoinAgile and the founder of this Service may make changes to the terms from time to time without any express notice. Your continued use of the Service will indicate your acceptance of the modified terms.
You understand and agree that if you use the Service after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, JoinAgile will treat your use as acceptance of the amended terms.