Terms of Use

LAST REVISION: December 2025

PLEASE READ THESE TERMS CAREFULLY.
By accessing or using the Website or Services offered by WeCP Private Limited or WeCP Talent Analytics Inc., you agree to be bound by these Terms of Use (“Agreement”).

If you do not agree, you must discontinue use immediately.

1. DEFINITIONS

• “WeCP,” “we,” “us,” or “our” means:
  • WeCP Private Limited (India) for customers located in India, or
  • WeCP Talent Analytics Inc. (Delaware, USA) for customers located outside India.
• “Website” means www.wecreateproblems.com, www.wecp.in, and any related domains or applications.
• “Products/Services” include assessments, tests, question banks, proctoring features, AI-driven evaluations, software tools, and all related offerings provided by WeCP.
• “Customer,” “you,” or “your” means any individual, company, or entity accessing or using our Website or Services.

2. CONTRACTING ENTITY

Depending on your billing address or the entity named on your invoice or Order Form:

A. Customers in India

Your contract is with:

WeCP Private Limited
CIN: U72900KA2016PTC096472
Registered Address: 4th Floor, #2628, 27th Main Road, Sector 1, HSR Layout, Bangalore 560102, India.

This Agreement is governed by Indian law, and courts in Bangalore, Karnataka have exclusive jurisdiction.

B. Customers Outside India (United States & Rest of World)

Your contract is with:

WeCP Talent Analytics Inc.
A Delaware Corporation, Employer Identification Number (EIN) : 365042363
Principal Office: 701 Tillery St, Austin, Texas 78702, US

This Agreement is governed by the laws of the State of Delaware, and courts in New Castle County, Delaware have exclusive jurisdiction.

Priority Rule

The entity named on your invoice or Order Form is the contracting entity for all purposes.

3. SCOPE OF THE AGREEMENT

These Terms govern:

• Your access and use of the Website
• Any purchase of Products or Services
• Any trial use, demos, or evaluations
• Any user-generated content you submit
• Any enterprise or self-serve subscription unless a separate signed MSA, DPA, or Order Form expressly overrides specific terms

If an Enterprise Agreement exists and conflicts with these Terms, the Enterprise Agreement prevails to the extent of conflict.

4. PRODUCTS AND SERVICES

4.1 Non-Commercial Internal Use Only

You may use WeCP’s assessments, tests, and tools solely for your internal hiring, skill evaluation, or employee development purposes.

Resale, redistribution, sublicensing, or competitive use of WeCP content is strictly prohibited.

4.2 Proprietary Rights

All content, assessments, software, questions, frameworks, UI, proctoring workflows, and AI-generated outputs are the exclusive property of WeCP or its licensors.

You may not copy, scrape, reproduce, reverse-engineer, or create derivative works unless explicitly permitted.

4.3 Sales Tax / GST / VAT

You are responsible for any applicable GST (India), sales tax (U.S.), VAT, or similar taxes, based on the jurisdiction of the contracting entity.

5. WEBSITE USE RULES

By using the Website, you agree that you will not:

• Violate any local, national, or international laws
• Undermine or attempt to disrupt Website functionality
• Copy or resell Website materials
• Post defamatory, abusive, or misleading content
• Transmit spam, unsolicited messages, or malicious files
• Attempt to bypass access or security controls

We reserve the right to suspend or terminate accounts violating these rules.

6. LICENSE TO YOU

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Website and Services for your organization’s internal assessment needs.

You may not:

• Copy or redistribute content
• Host on your own infrastructure
• Create competitive products using ours
• Use our IP beyond what is expressly allowed

7. USER-GENERATED CONTENT

If you submit or upload content (questions, images, instructions, data, videos), you grant WeCP a perpetual, worldwide, royalty-free license to:

• Store
• Process
• Display
• Reproduce
• Transmit
• Create derivative works (only for service functionality)

WeCP does not moderate all content and is not responsible for user interactions, although we may remove content that violates policies.

8. DISCLAIMERS

The Website and Services are provided “as is” and “as available” without warranties of any kind.

WeCP does not guarantee:

• Accuracy or reliability of Website content
• Error-free assessments or uninterrupted availability
• That results produced by assessments will meet your expectations
• That trial or free products will behave like paid versions

Some jurisdictions do not permit warranty exclusions; in such cases, exclusions apply to the maximum extent permitted.

9. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

A. Maximum Liability Cap

WeCP’s total liability for any claim arising out of this Agreement shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.

B. No Indirect or Consequential Damages

WeCP is not liable for:

• Loss of profits
• Loss of data
• Business interruption
• Replacement cost of alternative services
• Any indirect, incidental, or special damages

These limitations apply even if WeCP was advised of the possibility of such damages.

10. INDEMNIFICATION

You agree to indemnify and defend WeCP (and its officers, employees, contractors, and affiliates) from claims arising out of:

• Your breach of this Agreement
• Your misuse of the Website or Services
• Any data or materials you submit
• Any violation of law or third-party rights

WeCP may participate in the defense at its own expense.

11. PRIVACY

WeCP processes personal data in accordance with applicable laws:

India Customers

Processed under the Digital Personal Data Protection Act, 2023 (DPDP Act).

U.S. / Global Customers

Processed under:

• U.S. Federal & State Privacy Laws (including CCPA/CPRA where applicable)
• GDPR for EU/EEA users
• Other applicable international privacy regulations

WeCP Private Limited may act as a sub-processor to WeCP Talent Analytics Inc.

The Privacy Policy is incorporated by reference into these Terms.

12. DATA ARCHIVING POLICY

To maintain system performance, WeCP may archive older test reports:

• Reports older than one year may have limited functionality
• Proctoring images and video playback may no longer be accessible
• Summary results and metadata may remain available

This policy applies to all users unless your enterprise contract states otherwise.

13. SELF-SERVE VS ENTERPRISE ACCOUNTS

A. Self-Serve Accounts (ACV < USD 10,000)

• Governed exclusively by these Terms
• No custom MSAs, DPAs, or addenda
• You may receive an Order Form referencing these Terms only
• No modifications or negotiated clauses are allowed

B. Enterprise Accounts (ACV ≥ USD 10,000)

WeCP may negotiate:

• Master Services Agreements
• Data Processing Agreements
• Security Addenda
• Custom commercial terms

Where a signed contract conflicts with these Terms, the signed contract governs.

14. CANCELLATION & REFUNDS

• You may cancel at any time, but no refunds are provided for partial billing periods.
• Upon cancellation, access to paid features ends immediately.
• WeCP may delete your data after cancellation unless required by law or contract to retain it.

15. TERMINATION

WeCP may suspend or terminate your access if:

• You violate these Terms
• You misuse the Services
• Your account remains unpaid
• Your usage creates security or operational risks

Termination does not limit WeCP’s right to pursue legal remedies.

16. FORCE MAJEURE

WeCP is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or widespread internet outages.

17. CLASS ACTION WAIVER

To the fullest extent permitted by law:

You agree not to participate in any class action, class arbitration, or representative proceeding.
All claims must be brought individually.

(Not applicable where prohibited by local law.)

18. LIMITATION PERIOD

Any claim against WeCP must be brought within one (1) year of the event giving rise to the claim.
Claims filed after that period are permanently barred.

19. ASSIGNMENT

You may not assign rights or obligations under this Agreement.
WeCP may assign this Agreement to an affiliate or successor without notice.

20. MODIFICATION OF TERMS

WeCP may revise these Terms at any time.
The revision date at the top indicates the effective date.
Continued use after revision constitutes acceptance.

21. ENTIRE AGREEMENT

These Terms, together with:

• The Privacy Policy
• Any Order Form
• Any applicable Enterprise Agreement

constitute the entire agreement between you and WeCP.