These Terms of Service ("Terms") govern the use of Testndex, a pre-screening assessment platform provided by The Gang Technology Co., Ltd. ("we", "us"). Testndex is one of the applications in The Gang Technology's Marketplace, but these Terms apply to Testndex specifically and replace the general Marketplace terms for this service.
These Terms are published in Thai and in English. If the two versions differ, the Thai version prevails.
1. Accepting these Terms
You accept these Terms when you sign in to Testndex, create or join an organization, or start an assessment as a candidate. If you use Testndex on behalf of a company or other organization, you confirm that you are authorised to accept these Terms on its behalf, and "you" includes that organization.
Our Privacy Policy explains how personal data is handled in Testndex and forms part of these Terms.
2. Definitions
- Customer — a company or organization that sets up a workspace ("Organization") in Testndex to assess job candidates.
- User — a person signed in to a Customer's Organization, such as an owner, admin, member or reviewer.
- Candidate — a person a Customer invites, by email, to take an assessment.
- Customer Content — tests, questions, answer keys, rubrics, job descriptions, job positions, settings and anything else a Customer or its Users put into Testndex.
- Candidate Submission — a Candidate's answers, including text, selected choices, links and uploaded files.
- Service — Testndex, its website, and its related features and emails.
3. The Service
Testndex lets a Customer:
- create assessments with multiple-choice, short-text, file-upload and link questions, by hand, by importing a file, or by having AI draft them (section 7);
- invite Candidates by email, each with a personal link that is valid until a date the Customer sets;
- have the Customer's own reviewers score the answers that need human judgement, while multiple-choice answers are scored automatically against the Customer's answer key; and
- view, compare and export the results.
Testndex is a tool. The Customer alone decides how assessment results are used, including any hiring decision. We are not a party to any recruitment or employment relationship between a Customer and a Candidate, and we do not review, endorse or verify a Customer's tests or decisions.
4. Accounts and Organizations
- Users sign in through our authentication provider. You must give accurate information and keep your sign-in credentials to yourself.
- The person who creates an Organization becomes its owner. The owner is responsible for who is invited, the role each User holds, and the Organization's settings, including the invite link. Anyone holding an open invite link can join the Organization, so share it only with people who should have access and close it when it is no longer needed.
- The Customer is responsible for everything done under its Organization and must remove access for Users who no longer need it, such as staff who leave.
- Tell us promptly at [email protected] if you believe an account or an Organization has been accessed without authorisation.
5. Fees
Testndex is currently offered free of charge during its preview period. Before introducing paid plans we will give Customers at least 30 days' notice, by email or in the Service, and the fees will apply only if the Customer chooses to continue on a paid plan. Candidates are never charged for taking an assessment.
6. The Customer's Responsibilities for Candidate Data
For personal data about Candidates, the Customer is the data controller under the Personal Data Protection Act B.E. 2562 (2019) ("PDPA") and we process that data on the Customer's behalf. The Customer must:
- have a lawful basis for inviting each Candidate and for processing their data, and invite only people who are actually being considered for a position;
- inform Candidates how their data is used — the data-protection details a Customer enters in its settings (legal entity, data protection officer, contact for rights requests, retention period) are shown to Candidates before they begin;
- not use questions or file uploads to collect sensitive personal data (such as religion, health, biometric or criminal-record data) or national ID or bank-account numbers, unless the law clearly permits it and the Customer has the required consent;
- set a retention period that suits its purpose, and respond to Candidates' requests to exercise their rights under the PDPA;
- use results fairly and lawfully, in line with applicable labour and anti-discrimination laws, and not rely on an automated score alone where a Candidate's rights could be significantly affected.
The Customer is responsible for claims that arise because it processed Candidate data, or instructed us to process it, without a lawful basis.
7. AI Features
- Testndex can draft questions with a large language model, using the information a User provides: the job position and level, the test title and description, the skills to measure, a pasted job description, any additional context, and the Organization's name and profile.
- We do not send Candidate data or Candidate Submissions to the AI model, and AI does not score Candidates or make any decision about them.
- AI output can be inaccurate, incomplete or biased. Drafted questions are marked as AI drafts and must be reviewed and edited by the Customer before use. The Customer is responsible for the questions it publishes.
- Do not include personal data in job descriptions or additional context you give the AI.
- We do not use Customer Content or Candidate Submissions to train AI models.
- An Organization's owner can turn AI drafting off in the Organization's settings.
8. Acceptable Use
You must not, and must not allow others to:
- use the Service unlawfully, including in breach of the Computer Crime Act B.E. 2550 (2007) or the PDPA;
- use the Service to send unsolicited messages, or to invite people who have not applied for or been considered for a role;
- upload malware, or content that infringes others' rights or is unlawful, defamatory or discriminatory;
- access another Organization's data, probe, scan or test the Service's security, or bypass access controls or usage limits;
- copy, reverse engineer or resell the Service, or access it by automated means other than features we provide; or
- interfere with the Service or place an unreasonable load on it.
We may suspend access where this is needed to stop a breach, protect other users, or comply with the law.
9. Terms for Candidates
If you were invited to take an assessment:
- Using Testndex is free for you. Your invitation link is personal: do not share it, and do not let anyone else take the assessment for you.
- Before you begin you must confirm your email address and accept these Terms and the Privacy Policy. Each link allows one attempt.
- Your answers must be your own work unless the assessment says otherwise. Do not copy, record, publish or share the questions.
- An assessment may close at a set time. An attempt still open when its time is up may be submitted automatically with the answers saved so far.
- Uploaded files must be your own or files you are entitled to share, and must not contain malware. Leave out personal data the question does not ask for, especially sensitive data such as your ID card number.
- The Organization that invited you evaluates your answers and makes any decision about your application. Questions about the assessment, your result, or your personal data should go to that Organization first.
10. Content and Intellectual Property
- The Customer keeps all rights in Customer Content. It grants us a limited licence to host, copy, process and display Customer Content only as needed to provide and support the Service.
- A Candidate keeps any rights in their Candidate Submission and grants the inviting Customer, and us on its behalf, a licence to store, process and display it for assessing their application.
- We and our licensors own the Service, including its software, design, the "Testndex" name and logo, and its documentation. These Terms grant only a limited, non-exclusive, non-transferable right to use the Service.
- If you send us feedback, we may use it to improve the Service without obligation to you.
11. Confidentiality
Each party will keep the other's non-public information confidential and use it only to perform these Terms, unless it is or becomes public through no fault of the receiving party, was already lawfully known to it, or must be disclosed by law or by order of a competent authority. This obligation continues after these Terms end.
12. Personal Data Protection
- We process Candidate data, and the Customer Content that contains personal data, as a data processor on the Customer's documented instructions, which are these Terms and the Customer's use and configuration of the Service.
- We apply appropriate security measures, require our sub-processors to protect personal data, and notify the Customer without undue delay after becoming aware of a personal data breach affecting its data.
- We are the data controller for Users' account data and for visitors to our website, as described in the Privacy Policy.
- A Customer that needs a data processing agreement may request one at [email protected].
13. Availability and Changes to the Service
We use commercially reasonable efforts to keep the Service available, but it may be interrupted for maintenance, updates or failures of third-party infrastructure. While Testndex is in preview, features may change, and there is no service-level commitment unless agreed in writing. We will give notice before removing a feature Customers materially rely on.
14. Disclaimer
To the extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that assessments, scores or AI-drafted questions are accurate, valid or suitable for a particular hiring purpose. Nothing in these Terms limits rights that cannot be excluded under Thai consumer-protection law.
15. Limitation of Liability
- Neither party is liable for indirect, incidental, special or consequential loss, including lost profits, revenue, data or opportunity, or the outcome of any hiring decision.
- Each party's total liability under these Terms is limited to the fees the Customer paid us for the Service in the 12 months before the event giving rise to the claim.
- These limits do not apply to breach of confidentiality or personal data protection obligations, wilful misconduct or gross negligence, death or bodily injury caused by negligence, fraud, or any liability that cannot be limited under Thai law.
16. Indemnity
The Customer will indemnify us against third-party claims, including claims by Candidates, arising from Customer Content, from the Customer's use of assessment results, or from the Customer's breach of these Terms or of data protection law.
17. Term, Suspension and Termination
- These Terms apply for as long as you use the Service.
- An Organization's owner may delete the Organization at any time in its settings. Deletion is immediate and permanent: it removes the Organization's tests, invitations, Candidate Submissions and memberships. Export any results you need before deleting.
- Either party may end these Terms if the other materially breaches them and does not fix the breach within 30 days of written notice. We may suspend access immediately where needed to prevent harm, address a security incident, or comply with the law.
- After termination, data is deleted as described in the Privacy Policy, except where the law requires us to keep it.
18. Electronic Transactions
Notices, consents and records exchanged through the Service or by email are electronic data under the Electronic Transactions Act B.E. 2544 (2001). Accepting these Terms on screen has the same effect as signing them.
19. Changes to these Terms
We may update these Terms. We will give at least 15 days' notice, by email or in the Service, before a material change takes effect — for example a change to fees, data use, liability or termination. Minor corrections take effect when published. If you do not accept a material change, you may stop using the Service before it takes effect. Continuing to use the Service afterwards means you accept the updated Terms.
20. Governing Law and Disputes
These Terms are governed by the laws of Thailand. The parties will first try to resolve a dispute in good faith within 30 days. Disputes that cannot be resolved are subject to the jurisdiction of the competent courts of Thailand, without affecting any right to bring a case before a consumer court.
21. General
- These Terms and the Privacy Policy are the entire agreement between the parties about the Service, unless a separate written agreement says otherwise.
- You may not transfer your rights under these Terms without our written consent. We may transfer ours as part of a merger, acquisition or transfer of business.
- If a provision is held invalid, the rest of these Terms remain in effect.
- Neither party is liable for delay or failure caused by events beyond its reasonable control.
22. Contact Us
The Gang Technology Co., Ltd.
Company registration no. 0105558183399
1/7, 1/8 Soi Phetkasem 66, Bang Khae Nuea, Bang Khae, Bangkok 10160, Thailand
Email: [email protected]