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HackerRank Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the website and online developer community offered by Interviewstreet, Inc. dba HackerRank or its affiliates ("HackerRank," "we," or "us"). By accessing or using the HackerRank's website and/or any services offered to members of our Developer Community or to individual users or candidates ("Services"), you agree to these Terms. If you do not agree to these Terms, you may not access or use our Services.

ANY DISPUTE BETWEEN YOU AND HACKERRANK IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS STATED BELOW IN THESE TERMS. PLEASE READ THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS OF THESE TERMS AS THEY AFFECT YOUR RIGHTS.

1. Access to Services

1.1. Your Credentials

To create and access our Services, you may need to provide credential information, such as a username and password, to access your account within the Services ("Account"). Your Account is solely for your personal use and may not be shared with anyone else. You must provide true, accurate, and complete credentials for your Account. You are responsible for maintaining the confidentiality of your Account credentials, and for all activities that occur under your Account. HackerRank will not be liable for any loss or damage arising from your failure to provide us with accurate Account information or to keep your credentials secure, and you agree to immediately notify HackerRank if you become aware of or suspect any unauthorized access of your Account or credentials.

1.2. Age Restriction

BY USING HACKERRANK'S SERVICES, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER, OR, IF YOU ARE NOT THAT AGE, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO USE THE SERVICES AND TO AGREE TO THESE TERMS.

2. Privacy Policy

Your use of our Services is also subject to the HackerRank Privacy Policy available at https://www.hackerrank.com/about-us/privacy. This Privacy Policy explains how we collect and process your personal information and personal data as defined in our Privacy Policy.

3. Use of Candidate Features

If you participate as a candidate invited by a HackerRank business customer to use any features of our Services used by HackerRank business customers for their employment-related purposes ("Candidate Features"), then, in participating in a Candidate Feature, you agree that: (a) all of your answers, responses, and content input or generated in connection with your use of a Candidate Feature will be your own original material and will not be copied from or generated using any outside sources or methods that are not made available directly through the functionality of the Services; and (b) you will not seek or receive assistance from any other person or material. HackerRank reserves the right to report any violation of these Terms related to Candidate Features to the respective business customer inviting you to use our Services.

4. Subscription Plans

If you subscribe to the Services HackerRank offers on a subscription basis (a "Subscription"), whether free or paid, then the following terms apply to the Subscription.

4.1. No Offer Made

When you order a Subscription, your order is an offer that we may accept or reject at our discretion. Our acknowledgment of receipt of your order does not mean that we have accepted it. We will indicate that we have accepted your offer by sending you a Subscription confirmation email. In the unlikely event that we do not accept or cannot fulfill your order for any reason, we will let you know and will refund any payment you have made.

4.2. Subscription Plans

We may offer different plan options with different prices and features for you to choose from when purchasing a Subscription (each a "Plan"). These Subscription Plans offered may be free or paid. The features included in each Plan are described on a designated page of HackerRank's website or at the point of ordering your Subscription. Additionally, HackerRank may offer non-Subscription individual features or products for one-time purchase (not as an ongoing subscription), as those features or products are described within the Services. For any paid Plans or one-time purchases, you must provide HackerRank with valid and current billing information and a payment method to which we will charge the applicable fees.

4.3. Plan Cycles

Your Subscription will start on the date we accept your Subscription order ("Start Date"). Your Subscription will continue for the period of time applicable to your Subscription Plan (ex. monthly, quarterly, annually). Each of these periods during the term of your Subscription term is referred to as your "Plan Cycle."

4.4. Fees and Automatic Renewal

(a) Fees. Except as required by applicable law or as expressly stated in these Terms, all fees applicable to your Plan or purchase (and applicable taxes) ("Fees") are non-refundable.

(b) AUTOMATIC RENEWAL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE START OF EACH SUBSEQUENT PLAN CYCLE, RENEWING ON THE DATE OF EACH PLAN CYCLE CORRESPONDING TO THE START DATE (OR THE LAST DAY OF THE MONTH IF A MONTH DOES NOT HAVE SUCH A CORRESPONDING DATE) UNTIL YOUR SUBSCRIPTION IS CANCELLED IN ACCORDANCE WITH THESE TERMS.

(c) RECURRING BILLING. FOR PAID PLANS, HACKERRANK WILL CHARGE THE FEES FOR YOUR PLAN THEN DUE AND ANY APPLICABLE TAXES (COLLECTIVELY, "SUBSCRIPTION FEES") ON A RECURRING BASIS, AT THE START OF EACH PLAN CYCLE. HACKERRANK WILL CHARGE THE PAYMENT METHOD YOU PROVIDE AND MAINTAIN WITHIN YOUR ACCOUNT.

(d) Reminders. HackerRank will issue notices of Subscription renewals as required by applicable law.

4.5. Changes to Your Plan

You may change your Plan during a Plan Cycle. If you upgrade to a higher priced Plan, your upgrade will be effective immediately, and HackerRank will charge you the pro-rata difference in Fees due for the remainder of the current Plan Cycle. If you downgrade to a lower priced Plan, your downgrade will be effective as of the start of the next Plan Cycle following your downgrade.

4.6. Cancelling Your Subscription

You may cancel your Subscription at any time. Cancellations do not take effect until the end of your then-current Plan Cycle. As a result, you will not receive a refund for Fees already paid, but you will continue to have access to the Services for the remainder of your current Plan Cycle.

YOU MAY CANCEL YOUR SUBSCRIPTION USING THE CANCELLATION FEATURE WITHIN YOUR ACCOUNT. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT PLAN CYCLE TO AVOID BEING CHARGED THE SUBSCRIPTION FEES FOR THE UPCOMING PLAN CYCLE.

4.7. How HackerRank May Cancel

We may immediately cancel your Subscription without any refund or credit to you, if you do any of the following: (a) breach of these Terms; (b) use the Services in violation of any applicable laws; (c) engage in any conduct that HackerRank, in its sole discretion, deems damaging or likely to damage to the Services, HackerRank, or any third parties. Additionally, we may cancel our Subscription at our sole discretion by providing at least 30 days notice to you, in which case you will receive a pro-rata refund of any Fees paid for the remainder of the current Plan Cycle and will not be charged any Fees for any future Plan Cycle.

4.8. Changes to Fees

HACKERRANK MAY CHANGE THE SUBSCRIPTION FEES FROM TIME-TO-TIME. CHANGES TO SUBSCRIPTION FEES WILL BECOME EFFECTIVE AS OF THE FIRST BILLING DATE FOLLOWING 30 DAYS AFTER WE INSTITUTE THE CHANGE AND WILL NOT AFFECT THE SUBSCRIPTION FEES FOR YOUR CURRENT PLAN CYCLE. IF YOU DO NOT AGREE TO SUCH A CHANGE, YOU MAY CANCEL YOUR SUBSCRIPTION.

4.9. EU Refunds

If you are a consumer in the European Union, you have a statutory right to cancel your Subscription and claim a refund at any time before the earlier of: (a) 14 calendar days after the date we send you a confirmation of your Subscription; or (b) the time when you download or stream Services provided with your Subscription. To request a refund, please contact us at support@hackerrank.com. In this case, your Subscription to the Services will end on the date of cancellation.

4.10. Trials

HackerRank may offer free or discounted Subscription trials ("Trials"), at our sole discretion. If we offer a Trial, the Trial will be subject to these Terms and/or any other terms as HackerRank applies to the Trial at our sole discretion. HackerRank may cancel or modify the terms of a free Trial at any time without prior notice and without liability.

IF YOU SIGN UP FOR A TRIAL THAT AUTOMATICALLY CONVERTS TO A PAID SUBSCRIPTION AT THE END OF THE TRIAL PERIOD, THEN, AT THE END OF THE TRIAL PERIOD, YOU WILL BE AUTOMATICALLY CHARGED THE APPLICABLE SUBSCRIPTION FEES ON A RECURRING BASIS IN ACCORDANCE WITH THESE TERMS. TO AVOID BEING CHARGED SUBSCRIPTION FEES, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF THE TRIAL PERIOD.

5. HackerRank's Intellectual Property Rights

5.1. Ownership of Our Services

HackerRank or its licensors exclusively own and reserve all rights in and to the Services and all works and materials thereof, including but not limited to all copyright, trademark, patent, trade secret, moral rights, and proprietary rights, whether registered or unregistered (and all renewals and extensions), in any and all media now known or hereafter devised.

5.2. Our License to You

HackerRank grants you a non-exclusive license to access and use the applicable Services under your Account, solely in the media hosted and made available to you by HackerRank and in accordance with these Terms.

5.3. License to Feedback

If you provide HackerRank with any comments, reports, feedback, or suggestions ("Feedback"), you grant us the right and license to use that Feedback at our discretion and for any purpose, including by incorporating the Feedback or result of the Feedback into our Services.

6. Your Content

6.1. Your Ownership of Your Content

Certain features of the Services enable you to submit, post, transmit, and/or share content, data, code, submissions, or other material to the Services ("Content"). As between you and HackerRank, you own all rights in and to all your Content.

6.2. Your License to Us

By submitting, posting, transmitting, and/or sharing any Content to the Services, you grant HackerRank a perpetual, nonexclusive, royalty-free, fully paid up, sublicensable, transferable right and license to use, process, copy, reproduce, create derivative works of, distribute, modify, and display your Content (in whole or in part), in any and all media now known or hereafter devised for commercial and non-commercial purposes. You agree that, except with respect to your personal data or personal information (as defined by applicable law), this license includes the right of HackerRank to use, and to permit third parties to use, your Content for the purpose of training, developing, or testing artificial intelligence, machine learning models, or similar models or technologies. You agree that any use of your Content as permitted by these Terms is made without any compensation paid to you with respect to that Content.

6.3. Your Content Representations

You represent and warrant to all of the following and acknowledge that HackerRank is relying on these representations with respect to your Content:

  • you own and/or have all necessary rights in and to the Content, and have the full right to submit, post, transmit, and share all Content to the Services and to grant to HackerRank all rights and licenses in and to the Content under these Terms;
  • your Content does not violate any laws, rules, or regulations;
  • your Content does not infringe on or violate the rights of any third party; and
  • posting your Content does not violate any confidential relationship with a third party or establish any confidential relationship with HackerRank.

6.4. Content Removal

HackerRank reserves the right, at our sole discretion, to monitor (including by automated means) Content and to block or remove Content from our Services, with or without notice. You are solely responsible for creating backup copies of your Content. The decision by us to monitor and/or take action with respect to your Content is not an assumption of responsibility or liability related to your Content. HackerRank will also fully cooperate with any law enforcement authorities, court order, or Digital Millennium Copyright Act takedown notice related to your Content.

6.5. Content Disclaimer

HackerRank does not guarantee the accuracy, integrity, safety, or quality of any Content, whether provided by you or someone else. You are solely responsible for your Content. HACKERRANK IS NOT RESPONSIBLE FOR ANY CONTENT SUBMITTED BY YOU OR ANY THIRD PARTIES, AND YOU WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST HACKERRANK WITH RESPECT TO CONTENT SUBMITTED BY YOU OR ANY THIRD PARTY.

7. Acceptable and Prohibited Uses

7.1. Prohibited Uses

You may not, nor may you allow any third party to, do any of the following in connection with your use of the Services:

  • engage in activity that violates applicable law;
  • take, or attempt to take, any action to damage, disable, or interfere with the operation or security of the Services or circumvent any security, access controls, or use limits of the Service;
  • submit to the Services any Content or other material, data, or information that you do not have the right to or that infringes upon or violates the rights, including but not limited to Intellectual Property Rights, of HackerRank or any third party, or remove or alter any notices, attribution, or labels of Intellectual Property Rights in the Services or related documentation;
  • submit to the Services any Content or make use of the Services (including, but not limited to, any artificial intelligence within the Services) that violates the rights of any third party or that is fraudulent, threatening, harassing, defamatory, unethical, harmful, offensive, discriminatory, or otherwise inappropriate, as determined by HackerRank in our sole discretion;
  • copy, distribute, resell, publicly display, modify, reverse engineer, or create derivative works of any part of the Services;
  • making unsolicited offers, advertisements, or proposals, sending junk mail (aka spam), or transmitting worms, viruses, or other malicious or harmful software;
  • impersonate another person or misrepresent your affiliation with an organization or with HackerRank;
  • use the Services for competitive analysis or for the development or provision of a competing service or product; or
  • modify the Services or combine the Services with third party products or services other than as authorized by HackerRank.

7.2. International Use

HackerRank Services are hosted in the United States. If you use HackerRank Services from outside the United States, you acknowledge that you are voluntarily transferring data and information, including personal data or personal information (as defined by applicable law) to the United States.

8. Disclaimers

8.1. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." HACKERRANK DISCLAIMS AND DOES NOT MAKE AND DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OTHERWISE, RELATED TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, OR THAT THE SERVICES WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, SECURE, ERROR-FREE, OR MEET ANY OF YOUR PARTICULAR NEEDS.

8.2. Other Users and Third Party Services

HACKERRANK IS NOT RESPONSIBLE FOR, AND YOU RELEASE AND HOLD HARMLESS HACKERRANK FROM, ALL LIABILITY FOR, ANY ACTIONS TAKEN BY OTHER USERS OF THE COMMUNITY SERVICES OR FOR ANY CONTENT, MATERIAL, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES THAT ARE LINKED TO OR MADE AVAILABLE THROUGH THE SERVICES.

9. Limitations of Liability

9.1. Liability Limitation

HACKERRANK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS (COLLECTIVELY, THE "HACKERRANK GROUP") WILL NOT BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST TIME, LOST DATA, LOST USE, OR DAMAGES TO GOODWILL, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER ANY MEMBER OF THE HACKERRANK GROUP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE; OR (B) ANY AGGREGATE LIABILITY AMOUNT IN CONNECTION WITH OR RELATED TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION, IN EXCESS OF THE GREATER OF (i) THE AMOUNT PAID BY YOU TO HACKERRANK FOR THE SPECIFIC SERVICES GIVING RISE TO SUCH CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (ii) ONE HUNDRED DOLLARS ($100.00).

9.2. Exclusions

NOTHING IN THIS SECTION WILL EXCLUDE OR LIMIT HACKERRANK'S LIABILITY FOR: (a) DEATH OR PERSONAL INJURY; (b) FRAUD OR WILLFUL MISCONDUCT; OR (c) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9.3. Exclusions

THE ABOVE LIMITATIONS AND EXCLUSIONS OF THIS SECTION WILL APPLY THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO, CERTAIN OF THE EXCLUSIONS OR LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

10. Indemnification

You will defend, indemnify, and hold harmless the HackerRank Group from and against any and all loss, damages, suits, liability, costs, and expenses (including reasonable attorneys' fees) related to third-party claims arising from your violation of these Terms. HackerRank will have the right to take over the exclusive defense of any claim subject to your indemnification and, in that case, you will reasonably cooperate with HackerRank related to the indemnification.

11. Export Controls

Even though the Website may be available worldwide, some or all of the Services may be subject to United States export controls. As a result, you may not access or use (or permit anyone else to access or use) the Services if you or they: (a) reside in or seek to access the Services from a country that is the target of a comprehensive trade embargo by the U.S. government (presently, Cuba, Iran, North Korea, Republic of the Sudan, Syria, or the Crimea region of Ukraine); or (b) are an individual subject to U.S. Trade Controls, including being identified on a U.S. government restricted parties list, such as the U.S. Department of Treasury's Specially Designated Nationals and Blocked Persons List, the Department of State's Nonproliferation Sanctions List, or the Department of Commerce's Denied Persons List.

12. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of California, without reference to conflict of law principles. Any dispute arising from or related to these Terms or between you and HackerRank will be adjudicated exclusively in the State or Federal Courts located in Santa Clara County or the Northern District of California, respectively, and you and HackerRank irrevocably submit to the personal jurisdiction of such courts.

13. ARBITRATION; CLASS ACTION WAIVER

13.1. Agreement to Arbitrate

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR OTHERWISE ARISING BETWEEN YOU AND HACKERRANK OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN SANTA CLARA COUNTY, CALIFORNIA BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AVAILABLE AT HTTPS://WWW.JAMSADR.COM/RULES-STREAMLINED-ARBITRATION/. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS WILL BE ENGLISH. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. EACH PARTY WILL BEAR ITS OWN FEES, EXCEPT THAT HACKERRANK WILL PAY ANY ARBITRATION FILING FEES IN EXCESS OF THE COST OF FILING A LAWSUIT IN COURT OR AS REQUIRED BY APPLICABLE LAW.

THE ARBITRATION PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY CLAIM THAT IS WITHIN THE JURISDICTION OF A SMALL CLAIMS COURT CONSISTENT WITH THE JURISDICTIONAL AND DOLLAR LIMITS THAT MAY APPLY, AS LONG AS THE CLAIM IS AN INDIVIDUAL DISPUTE AND NOT A CLASS ACTION.

13.2. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES BETWEEN YOU AND HACKERRANK WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND YOU WILL NOT HAVE THE RIGHT TO BRING ANY CLAIM AGAINST HACKERRANK AS A PLAINTIFF OR MEMBER OF A CLASS ACTION OR OTHER ACTION BROUGHT BY OR ON BEHALF OF ANOTHER PERSON.

14. Notices

14.1. Notices to HackerRank

To submit any notices to HackerRank, contact HackerRank at support@hackerrank.com.

14.2. Notices to You

We may provide any notices to you by email to the email address associated with your Account or by posting the notices to Services landing page or to your Account.

15. Changes to These Terms

We reserve the right to change these Terms from time to time. If we materially change these Terms, we will send you notice of the change, and the change will become effective upon the earlier of (a) your continued use of Services after we notify you of the change; or (b) thirty (30) days following our publication of the changed Terms.

16. Limitation of Action

YOU AGREE THAT REGARDLESS OF ANY STATUTE OF LAW TO THE CONTRARY OR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR WILL BE FOREVER BARRED.

17. Termination and Suspension

17.1. Termination by HackerRank

HackerRank reserves the right to limit, deactivate, or terminate the Services at any time. If you have a Subscription to a paid Plan at the time of termination, your Subscription will be cancelled as provided by these Terms.

17.2. Termination by You

You may terminate your Account at any time by contacting support@hackerrank.com. Upon termination, HackerRank will deactivate your Account and handle your personal data in accordance with our Privacy Policy.

17.3. Suspension

HackerRank may suspend your access to the Services, without notice, to resolve, at HackerRank's sole discretion, any actual or threatened technical risks, problems, or circumstances that we determine may pose risk to the Services or to the rights of the HackerRank Group, you, or any third parties. Unless the suspension is a result of your actions, for any suspension lasting longer than 3 days, HackerRank will credit your future Plan Cycle or extend your final Plan Cycle for an amount commensurate with the term of the suspension. Additionally, if your payment method is declined or a chargeback is initiated, HackerRank may suspend or terminate your Subscription until valid payment is received. You agree to reimburse us for any costs incurred due to chargebacks or failed payments.

18. Miscellaneous

18.1. No Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intent and the other provisions of these Terms shall remain in full force and effect.

18.2. Assignment

HackerRank may assign our obligations and rights under these Terms at our discretion, including assigning them to a third party (this may happen, for example, if we sell our business or have another company provide all or part of the Services). If that happens, your rights under these Terms will not be affected and the party to whom we assign will take on our obligations under these Terms. You may not assign your Account, your use of the Services, or your obligations and rights under these Terms without our prior written consent, and any assignment without our consent will be null and void.

18.3. No Third-Party Beneficiaries

Except as otherwise expressly provided for in these Terms, there are no third party beneficiaries to the Terms.

18.4. Survival

All sections of these Terms that by their nature survive the cancellation or termination of these Terms or your use of the Services will survive the termination or cancellation of these Terms or your use of the Services.

18.5. Force Majeure

Neither the HackerRank Parties nor its licensors or partners will be liable for any delay or failure in performance resulting, directly or indirectly, from acts of nature, forces, or causes beyond their reasonable control, including, but not limited to, Internet failures, computer or equipment failures, electrical power outages, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, natural disasters, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties.