Legal & Compliance

By using the Platform, you agree to be bound by all provisions set forth in this Terms and Conditions of Use Policy. Tharwati Company for Information Technology reserves the right to amend or modify this Policy at any time it deems appropriate. The User shall be bound by any such amendments or modifications, whether or not the User has reviewed them. If you do not agree to this Terms and Conditions of Use Policy, you must immediately cease using the Platform, refrain from submitting or participating in the submission of any request for any of the Platform’s services, and exit the Platform immediately.

01 Definitions

The following terms shall, wherever used in this Policy, have the meanings assigned to them in the definitions below, unless the context requires otherwise:

02 About the Platform:

Nova is an integrated national digital platform that provides psychometric assessment services designed to measure personality traits and cognitive abilities and offers various reports to support talent-related decisions, including recruitment, development, and succession planning decisions. The Platform applies scientific methodologies based on globally recognized scientific theories to provide comprehensive assessments for companies and individuals. The Platform also adopts an approach whereby assessments are conducted in Arabic or English, according to the participant’s preference. All data is stored and processed within the Kingdom of Saudi Arabia in compliance with digital sovereignty requirements.

03 Platform Registration and Account Creation:

During the registration process on the Platform or any of its applications, if any, the Subscribing Entity and the User shall comply with the following:

Provide true, accurate, current, and complete information, and maintain and update such information to keep it true, accurate, current, and complete.

Each User, Subscribing Entity, or Third Party shall bear responsibility for, and the consequences arising from, any dealings where it is established that any or all parties to such dealings have provided inaccurate or false information, impersonated another person, made claims contrary to fact, or violated the laws and regulations applicable in the Kingdom of Saudi Arabia, without any liability whatsoever on the Platform or its management in this regard.

The User shall access the Platform and download its electronic application, if any, through legitimate and lawful means available on the Internet. Neither the Platform nor the Company shall bear any liability if the User does otherwise.

The Subscribing Entity and the User must satisfy all other applicable legal and regulatory requirements and shall ensure and verify their continued compliance with such requirements in order to use the Platform in accordance with the purposes of use designated by the Platform from time to time.

Upon successful completion of the registration process, the registration of the Subscribing Entity or the User shall remain valid for the subscription period, subject to possible suspension or cancellation at the sole discretion of the Platform or the Company.

04 Electronic Communications:

When you use any of the Platform Services or send us messages by email, you are communicating with us electronically. We will communicate with you electronically through several means, such as email, text messages, internal Platform notifications, posting emails or communications on the Platform, or through other Platform Services, such as our messaging center. For the purposes of the contractual relationship, you agree that all agreements, notices, disclosures, or other communications that we send to you electronically satisfy any legal requirement that such communications be in writing, unless the applicable laws specifically require a different form of communication.

05 How the Platform Works:

The Platform operates according to a clear and organized methodology. It allows the Subscribing Entity to register and create its own institutional account, through which the authorized human resources officer and other relevant persons may be granted access to the dashboard, manage assessments, and review assessment results in accordance with the powers officially granted to them. The Subscribing Entity and the Users shall use the Platform solely for legitimate employment assessment purposes. The use of assessment results for any purpose outside the work environment is prohibited. The Subscribing Entity shall bear full responsibility for the accuracy of the applicants’ or employees’ data entered into the Platform and shall obtain their prior consent before subjecting them to any assessment. The Platform shall ensure the confidentiality of all data and results and shall not share them with any external entity without express authorization, while complying with the applicable data protection standards. The use of assessment results shall be limited to supporting recruitment and professional development decisions within the Subscribing Entity’s establishment. The Platform shall also apply psychometric assessments in accordance with scientific principles and approved methodologies in a manner that ensures fairness, objectivity, and equality in the assessment process and limits any bias in their application or results. The artificial intelligence models on which the Platform is based shall be subject to periodic testing, monitoring, and reviews to identify and mitigate any bias.

06 Obligations of the User and the Subscribing Entity:

When using or accessing the Platform or the Platform Services, you agree to the following:

You are responsible for maintaining the confidentiality of, and restricting access to, your account or the Subscribing Entity’s account and for the use of such account and its password. You also agree to assume responsibility for all activities carried out under your account or the Subscribing Entity’s account and password.

You agree to notify the Platform immediately of any unauthorized use of your account or the Subscribing Entity’s account, or any breach or violation of any of the standards for the secure use of the Platform.

You shall provide complete, true, accurate, and current information about yourself or the Subscribing Entity and your use of the services, as specified by the Platform.

You shall not disclose to any third party the User’s personal information provided to you, except where required by law, pursuant to a court order, or as specified by the Platform, and shall comply with the relevant laws, including the Personal Data Protection Law.

You shall cooperate with requests issued by the Platform to provide the information or legal documents necessary for the use of the Platform Services.

When using or accessing the Platform or the Platform Services, the User agrees not to perform, or refrain from performing, any act in violation of any applicable laws, regulations, or Platform policies.

The User and the Subscribing Entity shall provide all correct and accurate data, continuously update such data, and ensure that it serves its intended purpose.

The User shall answer the questions correctly based on the User’s own judgment and acknowledges that such answers will be made available to the Subscribing Entity and the Platform and will be analyzed and used in accordance with the Platform’s and the applicable assessments’ policies. The results, analyses, and assessments will be issued based on such answers.

07 Legal Obligations for Accessing the Platform:

In order to maintain the optimal and continuous operation of the Platform, the Platform endeavors to provide the latest electronic devices and equipment, update its software and assessments, and increase storage capacity to enhance operational efficiency and readiness.

The Platform shall not bear any liability for the content of any modified or unauthorized versions of the Platform, if any, or any similar websites. It shall also not be liable for any damage resulting from the use of applications obtained from any source other than the sources specified above.

08 Policy Updates:

The operation of the Platform is subject to continuous change; therefore, this Policy may be affected and may need to be amended to align with future circumstances. The updated version of this Policy will be published on the application and shall remain effective from the date of its publication on the application or from the date specified by the Platform as its effective date.

The User must review this Policy regularly. The User’s continued use of the website following any changes shall constitute implied acceptance of this Policy in its amended form.

09 Intellectual Property Rights:

The Platform contains information and materials protected by intellectual property rights, including, but not limited to, trademarks, copyrights, and database rights. The content and materials included on the Platform, including, but not limited to, trademarks, graphics, illustrations, text, images, software, digital downloads, audio and video clips, or any combination thereof or of other materials, constitute the exclusive property of and are solely owned by the Company. Such materials, information, and content are protected under the applicable trademark, copyright, and database laws and other applicable laws. The User, the Subscribing Entity, and any Third Party undertake not to infringe such rights and acknowledge that any infringement may subject them to legal claims and penalties.

10 Prohibited Uses of the Platform:

The Platform is intended solely for use in accordance with the purposes for which it was established. The User may not use the Platform for any purposes other than those designated and specified by the Platform. The User undertakes to comply with the following:

Not to modify, copy, distribute, or reproduce any information, materials, software, products, or services available on the Platform without the Company’s prior written consent. The User further undertakes not to use such information, materials, products, or additional services in any of the User’s own publications.

Not to use any information obtained through the Platform for any purposes other than those stipulated in this Policy.

Not to infringe the Platform’s intellectual property rights or the intellectual property rights of others.

Not to harass, mistreat, insult, abuse, harm, defame, disparage, threaten, or engage in racial discrimination against the Company, any of its personnel, or any other User.

Not to upload or transmit any type of virus or malicious software that may be used in any manner to affect the Platform.

Not to use the Platform to engage in any form of transaction or activity that is unlawful, prohibited, forbidden, or criminalized under Sharia or the applicable laws and regulations of the Kingdom of Saudi Arabia, including, without limitation, the Anti-Cyber Crime Law, crimes of terrorism and its financing, the Anti-Money Laundering Law, the Penal Law for Crimes of Forgery, and any other relevant laws and regulations. Neither the Platform nor its management shall bear any liability or consequences toward any party or entity whatsoever. The Platform shall also bear no liability for any activities or information provided or exchanged by third parties through the Platform.

The User may not permit any Third Party to use the User’s account on the Platform. The User shall be responsible for any obligation entered into by such Third Party or for compensating the Platform in respect thereof.

11 Confidentiality and Data Protection:

Subject to the Privacy Policy, all personal, commercial, proprietary, and other information obtained by the User through the Platform and its associated application shall be treated as strictly confidential. All Users undertake to maintain the confidentiality of such information and are prohibited from disclosing or sharing it with any Third Party. Each User shall bear full responsibility for any activity carried out using the username and password used by such User.

The Personal Data Protection Law shall apply to all transactions concluded through the Platform, as well as all transactions containing personal data or resulting in the direct or indirect identification of personal data.

The Platform shall take the organizational, administrative, and technical measures and procedures necessary to ensure information security, including protecting personal data and psychometric assessment results against unauthorized access, in accordance with the applicable laws and regulations. Access to the relevant information shall be limited to authorized persons and for legitimate purposes associated with the provision of the services.

12 Related Websites:

The Platform may include links to other pages or websites owned or operated by a Third Party, over which neither the Company nor the Platform has the right to exercise control or manage their content, terms of use, or policies.

The Platform’s management may, either directly or through other parties, publish or republish content related to the uses of the Platform, without assuming any liability for the displayed content or its suitability for any purpose.

The inclusion of Related Websites on the Platform shall not constitute the Company’s or the Platform’s approval or endorsement of any content, advertisement, product, service, or other materials provided by such websites or pages.

Neither the Company nor the Platform shall be directly or indirectly liable for any damage or loss arising from, relating to, or resulting from the use of or reliance on any content, advertisements, products, services, or other materials provided by the Related Websites. The User should contact the persons responsible for, administrators of, or operators of such Related Websites regarding their pages and websites.

13 Platform Security:

No User may breach or attempt to breach the security or security system of the Platform.

The User undertakes to notify the Platform’s management immediately upon becoming aware of any unauthorized use of the User’s account.

The User shall be fully liable to the Platform, the Company, or any Third Party for all damage that may result from any breach or attempted breach of the security or security system of the Platform.

14 Liability:

Although the Platform endeavors to ensure the continuous provision of its services and applies best technical practices, it shall not be liable for any loss or damage that may arise from any interruption of service, whether resulting from maintenance works, updates, technical failures, Internet or telecommunications issues, or any other circumstances beyond its control.

Although the Platform exercises reasonable care to verify the accuracy of the questions, information, and results, it makes no express or implied warranties regarding the accuracy, completeness, or reliability of such information.

The User acknowledges that the Company shall not be liable for any regulatory changes or decisions issued by the competent authorities that may affect the services or their continuity.

The User and the Subscribing Entity acknowledge that they are fully aware that the Platform is supported by artificial intelligence technologies in providing its services and that the Platform’s results and recommendations are advisory in nature. Reports issued by the Platform constitute decision-support tools and do not amount to advice or a psychological or medical diagnosis. Accordingly, the User and the Subscribing Entity shall bear full responsibility for any decisions made based on the Platform’s outputs.

The User acknowledges that any answers provided by the User that do not reflect the User’s actual opinion or that the User knows to be incorrect, the omission of any questions, delays in answering them, taking the assessments in an unsuitable environment, interruption of the User’s Internet connection, or the occurrence of any circumstances that prevent the User from completing the assessment or any section thereof may affect the User’s final assessment. The Platform shall not be responsible for allowing the User to retake the relevant section or assessment, and the Subscribing Entity shall not be entitled to claim compensation in respect thereof.

The User and the Subscribing Entity shall be liable to compensate for any damage or loss resulting from a breach of any provision of this Policy or any other policy of the Platform.

The Platform’s management reserves the right to pursue any party or entity for liability and compensation in respect of any harmful or disruptive acts.

The User acknowledges that the Company or the Platform shall have the right to disclose the User’s information whenever necessary for the implementation of this Policy, compliance with the laws and regulations applicable in the Kingdom of Saudi Arabia, or compliance with a request issued by the competent judicial or executive authority.

15 Geographical Restrictions on Use:

Neither the Company nor the Platform guarantees that the content provided on the Platform is suitable for use outside the Kingdom of Saudi Arabia. Access to the provided content may be unlawful or in violation of applicable laws in certain countries.

When using the Platform, the User undertakes to comply with and observe the laws of the country in which the User is located. If the User accesses the content from a country other than the Kingdom of Saudi Arabia, the User shall bear all damage or loss resulting from the possibility that such content may be unlawful in that country.

16 Governing Law and Disputes:

This Policy shall be governed by the relevant laws and regulations applicable in the Kingdom of Saudi Arabia.

In the event of any dispute arising in connection with this Policy, the competent courts in the City of Riyadh shall have jurisdiction to hear and determine such dispute.

17 Invalidity:

If any provision of this Policy is held to be invalid or unenforceable, this shall not affect the remaining provisions. If any part of a provision of this Policy is held to be invalid, such provision shall remain enforceable to the extent not affected by such invalidity.

18 General Provisions:

This Policy shall be considered supplementary to any policies or agreements between the Company or the Platform and the Subscribing Entity or the User, or to any document signed by the User or the Subscribing Entity concerning the use of the Platform. The Platform alone shall be authorized to amend, add to, or delete any provision thereof.

The latest updated version of the Policy shall always be adopted as the primary reference whenever the Policy is referred to elsewhere.

In the event of any ambiguity, confusion, or lack of clarity in any text or provision of this Policy, the Company alone shall be competent to interpret it, in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia.