Terms of Sale and Use

1. Publisher, contact and hosting

1.1 https://www.whotest.com and the WhoTest service are published by WhoTest Editions Limited (C 114703), whose registered office is at ⁣. Its VAT number is MT3266-6625. Correspondence regarding these Terms is received at [email protected].

1.2 The Site is hosted by OVHcloud (OVH SAS)., 61 Lordou Vironos Street, 6023 Larnaca, Cyprus (https://www.ovhcloud.com), on servers located in the European Union.

2. Terms used in these Terms

2.1 The following words have the meanings set out below.

3. Scope and acceptance

3.1 These Terms govern the entire relationship between WhoTest and the Customer, to the exclusion of any other document. Starting a Test constitutes unreserved acceptance.

3.2 WhoTest may amend these Terms. The version that applies is the one in force on the date of the order; any material change is notified by email at least thirty (30) days before it takes effect.

3.3 The Services are available to persons aged eighteen (18) or over. A minor may use them only with the agreement of the holder of parental responsibility, who accepts these Terms on their behalf.

4. What the Services are

4.1 WhoTest offers online self-assessment tests across a broad catalogue of categories. A Customer chooses a Test, answers its questions within the allotted time, and receives a Result with commentary and, above the threshold, a Certificate.

4.2 Completed Attempts feed a public Ranking, which can be filtered by category, test and country. Appearing on it is a choice made by the Customer, and can be reversed at any time.

4.3 A Test may be started without an Account. The Result is disclosed once the Attempt has been paid for, or where the Customer holds an active subscription.

4.4 The catalogue of Tests, their content, their scales and their thresholds may change at any time. A Result records a performance on the version of the Test taken on the day it was taken.

5. What a Result is, and what it is not

5.1 The Tests are for information and personal development. They are not clinical, medical, psychiatric or psychological assessments, they are not standardised psychometric instruments, and they are not administered or interpreted by a health professional. A Result is not a diagnosis and does not replace the opinion of a qualified professional.

5.2 A Result depends on the conditions of the Attempt: attention, fatigue, environment, familiarity with the format: and may vary appreciably from one Attempt to another. A percentile positions an Attempt against the other Attempts recorded on the same Test, not against a representative population.

5.3 A Certificate attests that an Attempt was completed on WhoTest with the score it states. It is not a diploma, a professional qualification, an academic credential or a certification recognised by any authority, and it confers no title.

5.4 Neither a Result nor a Certificate may be used, by the Customer or by anyone else, as a factor in a decision about a person's employment, education, credit, insurance or eligibility for any benefit.

6. Taking a Test

6.1 A Test is timed. The deadline is set by the server when the Attempt starts; the countdown shown on screen is indicative, and an answer submitted after the deadline is not counted.

6.2 An Attempt is scored on the server. The correct answers and their weights are never sent to the browser.

6.3 An Attempt interrupted by a technical fault attributable to WhoTest may be restarted on request to [email protected]. An Attempt abandoned by the Customer, or interrupted by their own equipment or connection, is not restarted.

6.4 Answering by any means other than one's own effort: automated tools, another person, a copy of the answers: is prohibited and voids the Attempt, its Result, its Certificate and its Ranking entry.

7. Certificates

7.1 A Certificate is issued for an Attempt whose score reaches the threshold of the Test. It carries the name given by the Customer, the Test, the score and the date.

7.2 Each Certificate has a link that lets anyone holding it verify the Certificate. The link is the only access control: sharing it makes the Certificate readable by whoever receives it.

7.3 WhoTest may revoke a Certificate obtained in breach of Article 6.4, or one whose Attempt is voided. A revoked Certificate is shown as revoked at its verification link.

8. The Ranking

8.1 A Customer decides whether an Attempt appears on the Ranking, and under what display name. A Customer who chooses to appear anonymously is listed without a name.

8.2 An entry shows the display name chosen, the country and, where given, the city, together with the score and the time taken. Nothing else is published.

8.3 A Customer may withdraw from the Ranking at any time from their Account, or by writing to [email protected]. The entry is removed; the Result remains in the Account.

8.4 A display name must not be offensive, must not impersonate another person, and must not be advertising. WhoTest may remove an entry that breaches this.

9. Acceptable use

9.1 The following are prohibited:

• reproducing, publishing or distributing the questions, answers or scales of a Test;
• automating access to the Services, or extracting their content at scale;
• creating several Accounts in order to circumvent a limit, or to manipulate the Ranking;
• falsifying a Result or a Certificate, or presenting one as an official qualification;
• using the Services to assess a third party without their knowledge.

9.2 WhoTest may void an Attempt, remove a Ranking entry, revoke a Certificate and close an Account in the event of a breach.

10. Account and credentials

10.1 Credentials are personal and confidential. The Customer is responsible for all activity carried out from their Account and must inform WhoTest without delay, at [email protected], of any unauthorised use.

10.2 The Customer provides accurate information and keeps it up to date, in particular the name that will appear on a Certificate.

11. Price, taxes and payment

11.1 Access to Results and Certificates is sold as an introductory period of 48 hours at R 18,05, which converts, unless cancelled beforehand, into a subscription at R 982,94 per month with no minimum term. The prices displayed at checkout, in the currency shown there, are those that apply.

11.2 Prices are inclusive of applicable taxes. VAT is that of the Customer's country of residence, under the European rules on electronically supplied services.

11.3 Payment is made by card through Stripe. Subscribing authorises WhoTest to charge the registered payment method on each renewal date until the subscription is cancelled. WhoTest never holds the card details.

11.4 The subscription can be cancelled at any time from the Account; cancellation takes effect at the end of the period paid for. The Subscription Terms and the Refund Policy set out the detail.

12. Right of withdrawal

Consumers in the European Union and the EEA

12.1 A consumer has fourteen (14) days from the conclusion of the contract to withdraw, without giving reasons, under Directive 2011/83/EU.

12.2 A Result is digital content supplied immediately. At checkout the Customer expressly requests immediate performance and acknowledges that the right of withdrawal is lost once the Result has been disclosed. Where the Customer withdraws before any Result has been disclosed, they are refunded in full.

12.3 To withdraw, write to [email protected] from the Account's email address within the period.

Professionals

12.4 No right of withdrawal applies to a contract concluded for professional purposes.

13. Availability, liability and force majeure

13.1 WhoTest endeavours to keep the Services accessible at all times, subject to maintenance and to incidents affecting third-party networks and providers. The Services are provided as an obligation of means.

13.2 WhoTest is not liable for the consequences of a decision taken on the basis of a Result or a Certificate, nor for indirect loss.

13.3 In any event, WhoTest's liability is limited to the sums actually paid by the Customer during the twelve (12) months preceding the event giving rise to the claim.

13.4 Neither party is liable for non-performance resulting from an event of force majeure. Nothing in these Terms limits liability that cannot be limited by law, in particular a consumer's statutory rights.

14. Intellectual property

14.1 The Site, the Tests, their questions, their scales, the commentary they produce, the Certificate templates and the trade marks are and remain the property of WhoTest Editions Limited (C 114703).

14.2 The Customer receives a personal, non-transferable and non-commercial right to use them. Reproducing or republishing any substantial part is prohibited.

14.3 The Customer may freely share their own Result and their own Certificate.

15. Personal data

15.1 Personal data is processed in accordance with the Privacy Policy published on the Site, under Regulation (EU) 2016/679 and the Maltese Data Protection Act.

15.2 Appearing on the Ranking and sharing a Certificate are publications decided by the Customer, and the Privacy Policy explains what each of them makes visible.

16. Suspension and termination

16.1 WhoTest may suspend or close an Account in the event of non-payment, fraud, or breach of Article 9: immediately and without notice where the breach is serious or unlawful.

16.2 Suspension for a serious breach does not give rise to a refund of the period in progress, and voids the Certificates obtained by that breach.

16.3 The Customer may delete their Account at any time from the Account settings. Deletion ends access to the Services, to the Results and to the Certificates, and removes any Ranking entry.

17. Governing law and disputes

17.1 These Terms are governed by the law of Malta, without prejudice to the mandatory provisions protecting consumers in their country of residence.

17.2 Any complaint should first be addressed to [email protected].

17.3 A consumer resident in the European Union may use the European Online Dispute Resolution platform. Failing an amicable settlement, the courts of Malta have jurisdiction, subject to any mandatory rule of jurisdiction applicable to consumers.