Terms of Service

1. The Agreement

CareerTestLab is operated under the registered business name Orion Sight, with its principal place of business at 191 Pleasant Ave, Toronto, Ontario M2M 1M4, Canada.

These Terms govern access to and use of careertestlab.com, CareerTestLab assessments, Reports, Team functionality, Assessment Credits, accounts, applications, and related services collectively referred to as the "Service."

You become bound by these Terms when you affirmatively accept them through the Service, including when creating an account or completing another acceptance process presented with these Terms.

A purchase may also be subject to specific information displayed at checkout. Where checkout terms address the particular transaction and do not expressly conflict with these Terms, both apply.

For Professional Users, any additional or inconsistent term contained in a purchase order, procurement document, vendor policy, supplier code, or similar document supplied by the Professional User is rejected unless Orion Sight expressly agrees to it in writing.

Our Privacy Policy describes how personal information is handled. It is not incorporated into these Terms as an additional contractual warranty except to the extent required by applicable law.

2. Definitions

• "Assessment" means a CareerTestLab career assessment.
• "Assessment Credit" means a non-cash contractual entitlement that permits issuance of one Sponsored Assessment invitation under these Terms.
• "Consumer User" means a User acting primarily for personal purposes and not in the course of business or professional activity.
• "Individual User" means a person using CareerTestLab principally for their own Assessment, Report, or professional development.
• "Participant" means a person invited to complete a Sponsored Assessment.
• "Professional User" means a person or organization using CareerTestLab in connection with business, employment, recruitment, consulting, coaching, HR, management, professional development, or another professional activity.
• "Proprietary Materials" means CareerTestLab's Assessment questions, question structures, scoring systems, models, methodologies, Report architecture, pre-authored content, interfaces, software, code, graphics, databases, documentation, and other proprietary materials.
• "Report" means any CareerTestLab result, interpretation, summary, full report, professional report, visual, score presentation, recommendation framework, or related output.
• "Sponsored Assessment" means an Assessment for which a Professional User has used an Assessment Credit to invite a Participant.
• "User" means any person accessing or using the Service.

3. Eligibility, Capacity, and Authority

You must be at least sixteen (16) years old to create an account or use the Service.

If you are under the age of majority where you live, you may use the Service only with the authorization of a parent or legal guardian where such authorization is required by applicable law.

You must provide accurate, current, and complete information where required by the Service.

If you use CareerTestLab on behalf of an organization, you represent that you are authorized to act on its behalf. The organization is responsible as a Professional User for use of the Service through persons it authorizes.

Nothing in this Section makes an employee or representative personally liable for all obligations of an organization solely because that person uses CareerTestLab on its behalf.

Orion Sight may require reasonable evidence of identity, eligibility, authority, or account ownership before providing or continuing access.

4. User Representations and Acknowledgements

Each User represents that:

• information submitted through the Service is, to the best of the User's knowledge, accurate and not deliberately misleading;
• information concerning another person is supplied only where the User has lawful authority or another lawful basis to provide it;
• the User is authorized to use any payment method submitted;
• the User will comply with laws applicable to their use of the Service; and
• the User will not use the Service where doing so would violate sanctions, export controls, or other restrictions applicable to Orion Sight, the transaction, or the User.

You acknowledge that:

• CareerTestLab provides interpretive and decision-support information;
• a Report is derived materially from information supplied by the User;
• a Report is not a factual certification of a person's worth, aptitude, ability, or future performance;
• usefulness depends partly on the quality, honesty, context, and completeness of the information supplied;
• Reports may differ between Assessment attempts, versions, and methodologies;
• no professional, financial, employment, education, business, or other outcome is guaranteed; and
• Users remain responsible for decisions they make using the Service.

For Professional Users, to the maximum extent permitted by law, no representation, statement, proposal, sales communication, or assurance modifies these Terms unless expressly incorporated into a written agreement accepted by Orion Sight. Nothing in this paragraph excludes liability for fraudulent misrepresentation.

A material or deliberate breach of a representation in this Section may constitute a material breach of these Terms.

5. Accounts and Credentials

Accounts are personal except where CareerTestLab expressly provides organizational functionality.

You may not sell, lend, transfer, share, or permit unauthorized use of account credentials.

You are responsible for taking reasonable measures to protect your credentials and for activity authorized through your account.

If you know or reasonably suspect that your credentials or account have been compromised, you must notify contact@careertestlab.com promptly.

CareerTestLab may require verification, re-authentication, or additional security checks before allowing access to protected functionality.

6. The Service

CareerTestLab provides career assessment, professional reflection, and decision-support tools.

Reports are generated using automated scoring and pre-authored content-selection rules applied to information provided through the Assessment.

A generative artificial intelligence model does not compose an individual CareerTestLab Report at the time the Assessment is completed.

Orion Sight determines the architecture, technical means, presentation, interfaces, feature set, Assessment versions, and methods through which the Service is provided.

Different Users may receive different functionality, Report levels, Assessment versions, formats, or commercial offerings.

Free features, previews, trials, or non-paid functionality may be modified or withdrawn without compensation.

7. Assessment Integrity

Assessments must be completed personally by the person being assessed.

You must not use another person, answer key, generative AI system, automated system, script, bot, or similar assistance to select or materially determine Assessment responses.

Accessibility technology and other assistance that merely enables a User to perceive, navigate, or submit their own responses without determining those responses is permitted.

Where Orion Sight reasonably determines that Assessment integrity has been materially compromised, Orion Sight may invalidate the Assessment or Report, refuse to rely upon it, restrict access, or take other reasonable measures under these Terms.

No refund is owed to a User whose own deliberate misconduct materially invalidated the product, except where mandatory law requires otherwise.

Orion Sight is not responsible for errors, distortions, or consequences resulting from inaccurate, incomplete, misleading, outdated, manipulated, or improperly submitted information.

8. Nature of Reports and Responsibility for Decisions

Reports are structured interpretations intended to assist career reflection and professional decision-making.

They are not guarantees, certifications, predictions, or exhaustive descriptions of a person.

Users are responsible for evaluating CareerTestLab information in context and for decisions they make using it.

Orion Sight does not control and is not responsible for employment, recruitment, promotion, compensation, resignation, education, relocation, investment, business, or other decisions made by Users or third parties, except to the extent responsibility cannot lawfully be excluded.

9. Excluded Uses and Professional Limitations

CareerTestLab is not a medical, psychiatric, psychological diagnostic, healthcare, legal, financial, credit, immigration, or other regulated professional service.

Reports are not clinical diagnoses, medical records, psychological diagnoses, professional certifications, or regulated professional advice.

CareerTestLab does not certify that any person is suitable or unsuitable for a job, employer, occupation, program of study, business activity, or career.

The Service must not be used as the sole or determinative basis for hiring, firing, promotion, demotion, compensation, discipline, admission, credit, or another similarly significant decision concerning a person.

A User who uses the Service outside these limitations assumes responsibility for that use and may be in breach of these Terms.

10. Individual Purchases

CareerTestLab may make certain Report content available without charge and offer additional or full Report content as a paid product.

The description and price presented before checkout govern the specific purchase.

A paid Report is a one-time purchase. It is not a subscription and does not renew automatically.

A Report purchase applies only to the specific Assessment attempt identified by the Service.

Purchasing one Report creates no entitlement to paid Reports for any other past or future Assessment attempt.

11. Sponsored Assessments

A Professional User may purchase an Assessment for another person by issuing a Sponsored Assessment invitation.

Before the Participant begins, CareerTestLab informs the Participant that:

• the Assessment is sponsored by an identified organization;
• the sponsoring organization can follow specified invitation and Assessment status information;
• if the Participant proceeds and completes the Assessment, the completed Report becomes available to that organization; and
• the sponsoring organization does not receive the Participant's individual question-by-question Assessment answers.

The Participant may decline through CareerTestLab before starting.

CareerTestLab does not control what independent consequences, if any, a sponsoring organization may lawfully associate with participation or non-participation.

Once the Participant proceeds and begins the Sponsored Assessment, no further CareerTestLab sharing decision is required. On completion, the completed Report becomes available to the sponsoring organization.

The Participant also obtains access to their own full Report for that Sponsored Assessment without purchasing the individual paid Report separately.

The sponsored entitlement applies to that Assessment attempt only.

12. Professional Users

Professional Users are responsible for their use of the Service and information obtained through it.

Each Professional User must:

• have a lawful basis or other lawful authority to contact persons it invites;
• provide accurate sender and organization information;
• comply with applicable employment, recruitment, privacy, data-protection, anti-discrimination, electronic-communications, and other laws;
• use Reports only for lawful professional purposes;
• restrict Report access to appropriately authorized persons;
• protect Reports and other personal information it receives;
• establish its own lawful retention practices;
• not use CareerTestLab as the sole or determinative basis for a significant decision; and
• remain responsible for decisions and actions taken by it or on its behalf.

Orion Sight is not a party to employment, recruitment, coaching, consulting, service, or other relationships between Professional Users and Participants.

Orion Sight is not responsible for communications, promises, agreements, decisions, conduct, or disputes between such persons outside the Service.

Where Orion Sight reasonably needs information to investigate suspected misuse, meet legal obligations, protect a Participant, or verify compliance with these Terms, a Professional User must reasonably cooperate and provide information within its possession or control that is reasonably relevant to that purpose.

13. Assessment Credits

One Assessment Credit permits one Sponsored Assessment invitation.

Assessment Credits:

• are not money, currency, deposits, securities, stored value, or bank balances;
• have no cash-redemption value;
• are not transferable between unrelated accounts unless CareerTestLab expressly permits it;
• may be used only through the Service; and
• do not expire merely through passage of time.

A credit is consumed when an invitation is issued.

An eligible credit is restored where:

• the sender cancels an invitation before the Participant claims and starts it; or
• the Participant claims the invitation and declines before starting.

A restoration returns an Assessment Credit, not money.

Once the Participant begins the Sponsored Assessment, the credit is used and is not restored merely because the Participant fails to complete the Assessment.

Resending an existing invitation or issuing an available reminder does not consume an additional credit.

CareerTestLab's transactional records govern Assessment Credit balances absent demonstrated error.

Credits associated with fraudulent, reversed, unauthorized, or invalidated purchases may be cancelled or frozen.

Where an account is suspended or terminated for suspected fraud, payment abuse, credit abuse, or another material breach related to Assessment Credits, Orion Sight may freeze affected credits while investigating and may cancel credits to the extent reasonably related to the invalidated transaction or breach and permitted by law.

Voluntary account closure does not convert unused Assessment Credits into cash.

14. Prices, Payments, and Taxes

Prices are shown before purchase.

The amount displayed at checkout, together with applicable taxes and disclosed charges, is the amount applicable to that transaction.

Orion Sight may change prices, discounts, packages, commercial terms, and promotions for future transactions.

A later price change creates no entitlement to a retrospective refund, adjustment, or credit.

Payments may be processed through third-party payment services.

Users represent that they are authorized to use submitted payment methods.

Taxes may be charged where required.

15. Refunds and Digital Products

Except where mandatory law provides otherwise, purchases are subject to the following rules.

15.1 Individual Reports

A paid Report is a personalized digital product generated from a specific User's completed Assessment.

Once that Report has been generated and made available, the sale is ordinarily final.

A refund does not arise merely because a User:

• changes their mind;
• disagrees with the Report;
• expected a different result;
• no longer needs the Report; or
• later prefers another product or Assessment.

Orion Sight may provide a refund, replacement, correction, credit, or other remedy where appropriate in circumstances including duplicate charges, incorrect charges, failure to provide a paid entitlement, or a material technical defect that Orion Sight cannot reasonably correct.

Nothing in the preceding paragraph limits a remedy required by mandatory law.

15.2 Assessment Credits

Assessment Credit purchases are ordinarily non-refundable.

Use, partial use, or non-use does not itself create a right to a cash refund.

Restoration of an Assessment Credit under Section 13 is not a monetary refund.

15.3 Immediate Supply of Digital Content

Where applicable law gives a Consumer User a cooling-off or withdrawal right for digital content or services, Orion Sight will apply that right as required.

Where legally permitted, the checkout process may request the Consumer User's express consent to immediate performance or supply and acknowledgement that the applicable withdrawal right will be lost once performance begins or the personalized digital content is supplied.

Where law requires it, that consent and acknowledgement will be confirmed to the Consumer User on a durable medium.

16. Payment Disputes and Chargebacks

A User who believes a payment is incorrect is encouraged to contact contact@careertestlab.com so that Orion Sight can investigate.

Nothing in these Terms restricts a lawful right to dispute a charge.

Where a transaction is reversed, charged back, dishonoured, unauthorized, fraudulent, or otherwise invalidated, Orion Sight may suspend the corresponding paid entitlement, affected Assessment Credits, or related account functionality while the matter is investigated.

A knowingly fraudulent chargeback or deliberate attempt to retain paid benefits without valid payment constitutes a material breach.

Where permitted by law, Orion Sight may recover amounts validly owed and reasonable costs directly arising from deliberate payment fraud or abuse.

17. Service and Marketing Communications

CareerTestLab may send communications reasonably necessary to operate the Service, including authentication, verification, password reset, security, Sponsored Assessment, transaction, credit, and Report-related communications.

Operational communications are separate from promotional marketing.

A marketing opt-out does not prevent Orion Sight from sending non-marketing communications reasonably necessary to provide an account or transaction, administer a Sponsored Assessment, comply with law, or protect the Service, where permitted by applicable law.

Promotional communications will include applicable consent or unsubscribe mechanisms where required.

18. Prohibited Conduct

You must not, directly or through another person:

• access or attempt to access accounts, Reports, invitations, systems, databases, or restricted areas without authorization;
• circumvent payment, authentication, authorization, entitlement, rate-limit, security, or access-control mechanisms;
• conduct vulnerability scanning, penetration testing, exploitation, reverse engineering, decompilation, or similar security testing without Orion Sight's prior authorization, except where a mandatory law expressly permits the activity;
• interfere with, overload, degrade, disrupt, or impair the Service or its infrastructure;
• introduce malware, malicious code, automated attacks, or harmful technologies;
• scrape, crawl, harvest, systematically copy, extract, catalogue, or reproduce Proprietary Materials or User data;
• automate excessive account creation, invitations, requests, or transactions;
• reconstruct or derive CareerTestLab's Assessment methodology, scoring architecture, question system, content-selection system, or Report architecture;
• access or attempt to access another User's information without authorization;
• falsify identity, sender, or organization information;
• send unlawful unsolicited bulk invitations or spam;
• harass, threaten, defraud, unlawfully discriminate against, or unlawfully profile another person through the Service;
• resell or commercially redistribute Assessment access or Reports without authorization;
• remove proprietary notices where they are intended to remain; or
• use the Service in violation of law or another person's rights.

The restrictions on copying and extraction do not prevent an Individual User from saving, printing, or sharing their own Report as expressly permitted by Section 19.

If you inadvertently obtain access to data or functionality you reasonably believe you were not authorized to access, you must cease unauthorized access and refrain from using or disclosing the information.

Suspected security vulnerabilities may be reported to contact@careertestlab.com.

19. Intellectual Property and Licences

Orion Sight and its licensors retain all rights in CareerTestLab and the Proprietary Materials.

No intellectual-property right is transferred except for the limited licences expressly stated below.

19.1 Individual Reports

When a Report is lawfully made available to an Individual User or Participant, Orion Sight grants that person a personal, worldwide, non-exclusive licence to retain, save, print, display, and share their own Report for personal and professional purposes.

For a paid or sponsored Report lawfully obtained, that licence does not expire merely because CareerTestLab later ceases hosting the Report.

The licence does not permit resale, commercialization of CareerTestLab content, systematic publication of CareerTestLab's Report corpus, reproduction of the Assessment, or creation of a competing product.

19.2 Sponsored Reports

A Professional User that lawfully receives a Sponsored Report receives a limited, non-exclusive licence to use that Report internally for the lawful professional purpose associated with the Sponsored Assessment.

That use remains subject to applicable privacy, employment, retention, confidentiality, and other laws.

The licence does not authorize resale, public republication, creation of datasets from Reports, or development of competing assessment products.

19.3 Machine-Learning and Dataset Use

No User may use Assessment questions, scoring systems, non-public methodology, a collection of Reports, or substantial CareerTestLab content to train, fine-tune, distil, evaluate, benchmark, ground, populate, or develop a machine-learning model, artificial-intelligence system, dataset, corpus, or competing assessment product without Orion Sight's prior written permission.

This restriction includes systematic extraction through scraping, crawling, transcription, bulk screenshotting, retyping, or automation.

This Section does not prevent an Individual User from submitting their own lawfully obtained Report to a general-purpose tool for personal, non-commercial analysis, subject to that third party's terms and privacy practices.

19.4 Feedback

If you voluntarily send Orion Sight product feedback, suggestions, ideas, or feature proposals directly for the purpose of improving CareerTestLab, you grant Orion Sight a perpetual, worldwide, irrevocable, royalty-free licence to use, adapt, implement, commercialize, and otherwise exploit that feedback without compensation or obligation.

This does not transfer ownership of a public review, testimonial, or other content not submitted as product feedback.

20. Confidentiality and Proprietary Information

Non-public information concerning Orion Sight's scoring logic, weighting, mappings, content-selection logic, methodology, security systems, technical architecture, business processes, commercial information, and other materials that are identified as confidential or that a reasonable person would understand to be confidential must not be used or disclosed except as authorized.

Non-public Assessment materials made available under limited access remain confidential to the extent they have not lawfully entered the public domain.

Assessment questions, Reports, structures, text, interfaces, and other Proprietary Materials remain protected by Orion Sight's intellectual-property rights whether or not a particular element independently qualifies as a trade secret.

Information obtained through unauthorized access remains confidential regardless of whether it was marked confidential.

A Professional User receiving a Participant's Report must treat it as personal and confidential information and restrict disclosure to persons lawfully authorized to participate in the relevant professional purpose.

Professional Users remain responsible for copies downloaded, printed, exported, forwarded, or otherwise retained outside CareerTestLab.

Confidentiality obligations concerning information that qualifies as a trade secret survive for as long as that information remains protected as a trade secret under applicable law. Other confidentiality obligations survive for five years after the relevant access or disclosure unless applicable law requires a longer period.

21. User Information and De-Identified Data

Users retain rights they have in information they provide.

Users authorize Orion Sight to host, store, reproduce, transform, analyze, transmit, and otherwise process that information to the extent reasonably necessary to provide, maintain, secure, troubleshoot, and improve the Service, subject to the Privacy Policy and applicable law.

Orion Sight may create and use aggregated, statistical, or appropriately de-identified information where individuals are no longer reasonably identifiable.

Such information may be retained and used for product development, research, benchmarking, business analysis, and other lawful purposes.

22. Enforcement and Remedies

Rights and remedies under these Terms are cumulative except where expressly stated otherwise.

A breach involving unauthorized access, misuse of confidential information, infringement of intellectual property, systematic extraction, or unlawful use of Proprietary Materials may cause harm that cannot adequately be remedied by monetary damages alone.

Orion Sight may seek injunctive, equitable, monetary, or other relief available under applicable law.

Orion Sight may also seek reasonable enforcement costs and legal fees where recoverable by contract or law.

23. Third-Party Services

CareerTestLab relies on third-party infrastructure and services.

Their operation may be outside Orion Sight's direct control.

To the maximum extent permitted by law, Orion Sight is not liable for interruption, failure, delay, content, acts, or omissions of an independent third party that are outside Orion Sight's reasonable control.

A link to a third-party service does not constitute an endorsement.

A User's independent dealings with a third party are governed by the applicable relationship between those parties.

24. Availability and Evolution of the Service

CareerTestLab is provided through internet-based systems.

Except under a separate written agreement signed by Orion Sight, no service level, uptime percentage, response time, or continuous-availability guarantee is provided.

Orion Sight may for legitimate technical, operational, security, legal, regulatory, or commercial reasons:

• perform maintenance;
• deploy updates;
• alter infrastructure;
• change interfaces;
• add, remove, replace, or reorganize features;
• migrate Reports or data between systems or formats;
• restrict functionality;
• discontinue functionality; or
• modify reasonable retention practices.

Where permitted by law, temporary interruptions or changes may occur without prior notice or compensation.

Nothing in this Section permits Orion Sight to evade mandatory obligations relating to a product already purchased.

25. Report Storage and Online Availability

Purchase or receipt of a Report does not create a right to perpetual hosting, permanent storage, or indefinite online availability.

CareerTestLab may retain Reports for substantial periods without undertaking to host them forever.

Users are responsible for saving or printing Reports they wish to preserve for long-term use.

Online availability may be affected by account closure, lawful deletion, retention practices, security requirements, technical migration, discontinuation of functionality, legal requirements, or discontinuation of the Service.

The licence to a copy of a Report lawfully obtained under Section 19 is separate from CareerTestLab's obligation, or lack of obligation, to host it indefinitely.

26. Suspension, Restriction, and Termination

Orion Sight may suspend, restrict, refuse, or terminate access where it reasonably believes action is appropriate in connection with:

• actual or suspected material breach;
• fraud or suspected fraud;
• security threats;
• unauthorized access;
• payment abuse;
• spam or invitation abuse;
• unlawful conduct;
• misuse of Reports;
• protection of Users;
• technical integrity;
• legal or regulatory requirements; or
• investigation of suspicious activity.

Where permitted by law, Orion Sight may take protective action immediately and without prior notice.

During a reasonable investigation, access to affected functionality may remain restricted.

Orion Sight may determine reasonable conditions for restoring access.

Where an investigation establishes that no relevant breach occurred, Orion Sight may restore affected access as appropriate. No compensation is owed for a good-faith protective suspension except where mandatory law requires otherwise.

Notices concerning suspension or restriction may be delivered through the Service, by email, or through another reasonable method.

27. Account Closure and Dormancy

Users may request account closure or deletion through functionality made available by CareerTestLab or by contacting contact@careertestlab.com.

Users are responsible for retaining copies of Reports they wish to preserve before voluntarily closing an account.

Closure may end online access to account information and Reports.

Closure does not create a refund right for a Report already generated or an Assessment Credit already consumed.

Treatment of personal information following closure is governed by the Privacy Policy and applicable law.

Orion Sight may retain information that it is permitted or required to retain for purposes including transaction records, accounting, security, fraud prevention, dispute resolution, enforcement, or legal compliance.

Dormant Accounts

Where an account has had no sign-in, Assessment activity, purchase activity, or other material account activity for at least twenty-four (24) consecutive months, Orion Sight may designate the account as dormant.

Orion Sight may close or archive a dormant account after providing reasonable notice to the account email address where required or appropriate.

Orion Sight will not rely on dormancy alone to cancel valid unused Assessment Credits that are expressly stated not to expire, or to deprive a User of rights that cannot lawfully be removed.

Orion Sight may require re-authentication or other reasonable verification before restoring access to an archived dormant account.

Treatment and retention of personal information associated with a dormant or closed account remains governed by the Privacy Policy and applicable law.

28. Disclaimer of Warranties

To the maximum extent permitted by applicable law, CareerTestLab and the Service are provided "as is" and "as available."

Except for rights or warranties that cannot lawfully be excluded, Orion Sight disclaims implied warranties, conditions, and representations concerning merchantability, merchantable quality, fitness for a particular purpose, durability, accuracy, non-infringement, and uninterrupted or error-free operation.

Without limiting the foregoing, Orion Sight does not warrant that:

• every defect will be corrected;
• every device, browser, operating system, or third-party service will remain compatible;
• a Report will correspond to a User's subjective self-perception;
• different Assessment versions or attempts will produce identical results;
• a Report will predict professional outcomes;
• every relevant opportunity or risk will be identified;
• information supplied by Users or third parties is accurate; or
• use of CareerTestLab will result in any particular employment, recruitment, educational, business, financial, or personal outcome.

Beta, preview, experimental, or pre-release functionality may be provided with additional limitations disclosed with that functionality.

29. Limitation of Liability

29.1 Excluded Categories of Loss

To the maximum extent permitted by law, Orion Sight and its contractors and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential losses arising from the Service.

To the extent permitted by law, excluded losses may include lost profit, revenue, business opportunity, goodwill, anticipated savings, reputational loss, business interruption, or consequences of employment, recruitment, promotion, compensation, education, or business decisions made by Users or third parties.

29.2 Professional Users

To the maximum extent permitted by law, Orion Sight's aggregate liability to a Professional User for claims arising from or relating to the Service will not exceed the total amount actually paid by that Professional User to Orion Sight during the twelve months preceding the event giving rise to the first claim.

Where a claim relates solely to a specific one-time transaction and applicable law permits the limitation, liability will not exceed the amount paid for that transaction.

Multiple claims do not increase the applicable aggregate cap.

29.3 Consumer Users

Any exclusion or limitation applying to a Consumer User operates only to the maximum extent permitted by mandatory consumer law.

Nothing in these Terms removes a statutory guarantee, remedy, or liability that cannot lawfully be excluded or limited.

29.4 Non-Excludable Liability

Nothing in these Terms excludes liability to the extent exclusion is prohibited by law.

30. Indemnity by Professional Users

To the maximum extent permitted by law, a Professional User will defend, indemnify, and hold harmless Orion Sight and its representatives from third-party claims, liabilities, damages, penalties, and reasonable legal costs arising from:

• that Professional User's material breach of these Terms;
• unlawful or unauthorized Sponsored Assessment invitations;
• its unlawful processing, disclosure, or retention of Participant information;
• misuse or unauthorized distribution of Reports;
• employment, recruitment, promotion, compensation, disciplinary, or other decisions for which the Professional User is legally responsible;
• its violation of employment, privacy, anti-discrimination, communications, or other applicable law;
• information or materials supplied by it that infringe third-party rights; or
• fraud, abuse, or intentional unlawful conduct by it or persons acting on its behalf.

Orion Sight may participate in or assume control of the defence of an indemnified claim.

A Professional User may not settle a claim in a manner that imposes liability, an admission, payment, or non-monetary obligation on Orion Sight without Orion Sight's written consent.

31. Force Majeure

Orion Sight is not liable for delay, interruption, or failure caused by events beyond its reasonable control.

Such events may include significant internet or telecommunications failures, power outages, third-party infrastructure failures, cyberattacks, widespread security incidents, natural disasters, fires, floods, epidemics, labour disruptions, war, terrorism, civil unrest, governmental action, or changes in law.

Affected performance may be suspended for the duration and reasonable consequences of the event.

32. Electronic Records and Evidence

Agreements, notices, confirmations, disclosures, and other communications may be provided electronically.

Electronic acceptance may satisfy signature or acceptance requirements to the extent permitted by law.

CareerTestLab's reasonably maintained records may be relied upon as evidence of account activity, acceptance of Terms, consent or acknowledgement, Assessment activity, invitations, transactions, payments, Assessment Credit events, Report generation or access, and timestamps.

Those records remain subject to applicable law and may be challenged by contrary evidence.

33. Notices

Notices to Orion Sight may be sent to contact@careertestlab.com or another contact method expressly designated by Orion Sight.

Users are responsible for maintaining an accurate account email address.

Orion Sight may provide notices through the Service, by email, or by another method reasonably appropriate to the circumstances.

Any legally prescribed method or timing of notice prevails where applicable.

34. Privacy

The CareerTestLab Privacy Policy describes Orion Sight's practices concerning personal information.

Privacy, cookie, analytics, and advertising choices are governed by applicable law and the controls made available through CareerTestLab.

Nothing in these Terms waives a privacy right that cannot lawfully be waived.

35. Changes to These Terms

Orion Sight may update these Terms as the Service, business operations, commercial practices, or legal requirements evolve.

Updated Terms apply from the effective date stated in them.

Where applicable law requires advance notice, renewed acceptance, consent, or another procedure, Orion Sight will comply with that requirement.

Where permitted by law, continued use of the Service after updated Terms take effect constitutes acceptance.

Changes will not retroactively alter a completed transaction to the extent applicable law prohibits such alteration.

36. Assignment and Business Reorganization

A User may not assign contractual rights or obligations under these Terms except with Orion Sight's written consent or where mandatory law permits otherwise.

Orion Sight may assign or transfer these Terms in connection with incorporation, restructuring, financing, merger, acquisition, sale of the CareerTestLab business, transfer of substantially all relevant assets, or transfer to a successor operator.

Any transfer affecting a Consumer User remains subject to mandatory consumer rights.

37. General Provisions

• Reservation of rights. Rights not expressly granted to Users are reserved.
• No waiver. Failure or delay in enforcing a right does not waive it.
• No partnership or agency. These Terms do not create a partnership, joint venture, franchise, agency, employment, or fiduciary relationship between Orion Sight and a User.
• Severability. If a provision is invalid or unenforceable, it will be enforced to the greatest lawful extent or severed to the minimum extent necessary, and the remaining provisions continue.
• Headings. Headings are for convenience and do not control interpretation.
• Including. The word "including" means "including without limitation."
• For Professional Users only, to the extent permitted by law, no interpretive presumption applies merely because Orion Sight drafted these Terms.

38. Entire Agreement

For Consumer Users, these Terms together with applicable checkout information constitute the agreement governing use and purchase of the Service, subject to statements and rights that applicable consumer law requires to form part of the transaction.

For Professional Users, these Terms, applicable checkout terms, and any separate written agreement expressly accepted by Orion Sight constitute the entire agreement concerning the Service and supersede prior discussions or proposals on the same subject.

The Privacy Policy is a privacy notice and is not incorporated as an additional contractual warranty except to the extent required by law.

39. Language

CareerTestLab may provide these Terms in multiple languages.

To the maximum extent permitted by applicable law, the English version is the controlling source version.

Where applicable law requires another language version to be provided, presented first, or given particular interpretive effect, those requirements prevail.

For contracts subject to Quebec language requirements, CareerTestLab will provide the French version in the manner required by applicable law before relying on a User's choice to contract in another language.

40. Governing Law and Disputes

40.1 Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.

This choice does not deprive a Consumer User of mandatory protections that apply under the law of their habitual residence or another jurisdiction whose mandatory rules cannot lawfully be displaced.

40.2 Consumer Users

Consumer Users retain any mandatory right to bring proceedings before a court or tribunal available under applicable consumer law.

Nothing in these Terms prohibits a Consumer User from commencing or participating in a class proceeding where that right cannot lawfully be waived.

40.3 Professional Users

Subject to mandatory law, Professional Users irrevocably submit to the exclusive jurisdiction of the courts of Ontario, Canada for disputes arising from or relating to the Service or these Terms.

Before commencing ordinary proceedings, a Professional User must give Orion Sight written notice describing the dispute and requested relief and allow thirty days for an attempt to resolve it, unless urgent injunctive or similar relief is reasonably required.

40.4 Professional User Time Limit

To the extent permitted by applicable law and only in an agreement qualifying as a business agreement, a Professional User must commence any claim arising from or relating to these Terms or the Service within one year after that Professional User knew or ought reasonably to have known the material facts giving rise to the claim.

A claim not commenced within that permitted contractual period is barred.

This provision does not apply where applicable law prohibits contractual shortening of the relevant limitation period.

40.5 Professional User Proceedings

To the maximum extent permitted by law, disputes between Orion Sight and a Professional User will be brought on an individual basis and not as a class, collective, consolidated, or representative proceeding.

This subsection does not apply where such a restriction is prohibited or unenforceable.

41. Mandatory Consumer and Statutory Rights

This Section applies only to the extent mandatory law requires and does not create rights beyond applicable law.

Nothing in these Terms excludes, restricts, or modifies any right, guarantee, remedy, obligation, or liability that cannot lawfully be excluded, restricted, or modified.

Where a provision conflicts with mandatory law, mandatory law prevails only to the extent of that conflict and the remainder of these Terms remains effective.

For Australian Consumer Users, nothing in these Terms excludes guarantees or remedies that cannot be excluded under the Australian Consumer Law.

42. Survival

Accrued rights and obligations survive termination.

Sections 4, 8, 9, 12, 13, 14, 15, 16, 18 through 23, 25, 27 through 32, 36 through 41, and this Section 42 survive suspension, closure, termination, or expiry to the extent their subject matter requires survival.

Any other provision that by its nature is intended to operate after termination also survives.

43. Contact

Orion Sight

191 Pleasant Ave

Toronto, Ontario M2M 1M4

Canada

• Email: contact@careertestlab.com