Terms of Use
Version 2026-08-17
NON-BINDING SUMMARY. The following summary is provided for convenience only, does not form part of the operative provisions of these Terms, and shall not be relied upon in the construction of any Clause below. mindsparx provides skill assessments for artificial intelligence data work. Access for individual users is presently provided without charge. Users must have attained the age of eighteen (18) years, must maintain one Account only, and must undertake Assessments personally. Assessment sittings are monitored for integrity as provided at Clause 6, and breach of Clause 5 may result in the withholding or revocation of a Certificate and the closure of an Account, subject to the notice and appeal procedure at Clause 7. A Certificate attests that the holder of a specified Code attained a specified result upon a specified date and constitutes neither a representation as to future performance nor an offer of engagement. Nothing herein derogates from the mandatory rights of consumers.
1. Definitions and Interpretation
1.1. In these Terms, the following expressions shall bear the following meanings:
"Account" means a registered user account upon the Services.
"Assessment" means a skill test, practice session or related exercise made available through the Services.
"Certificate" means the credential issued by mindsparx in respect of an Assessment attaining or exceeding the applicable pass threshold, together with its verification page.
"Client" means a legal person procuring the Services for the purpose of assessing its own candidates.
"Code" means the pseudonymous alphanumeric identifier against which a User's Assessment records are held.
"Content" means Assessment items, source materials, answer keys, scoring methodologies, standards, and all text, graphics and software comprised in the Services.
"Privacy Policy" means the mindsparx privacy policy published at mindsparx.ai/privacy, as amended from time to time.
"Services" means the mindsparx skill-assessment platform operated at mindsparx.ai and all functionality made available through it.
"Terms" means these Terms of Use.
"User", "you" and "your" mean a natural person accessing or using the Services in an individual capacity.
"mindsparx", "we", "us" and "our" mean the entity identified at Clause 2.1.
1.2. Clause headings are inserted for convenience only and shall not affect construction. The expressions "including", "includes" and "in particular" shall be construed without limitation. References to a Clause are references to a Clause hereof. The singular includes the plural and vice versa.
1.3. The Privacy Policy is incorporated herein by reference and forms part of these Terms.
2. Contracting Party and Acceptance
2.1. These Terms constitute a binding agreement between you and S.C. Transdesk Communications S.R.L., a limited liability company incorporated under the laws of Romania, having its registered office at Str. Valea Alba 8, Bl. 8, Sc. A, Ap. 4, 600004 Bacau, Romania, registered with the Trade Register under number J04/1695/2007, VAT identification number RO 37074538, trading as "mindsparx".
2.2. By registering an Account or undertaking an Assessment you accept these Terms. If you do not accept them you shall not use the Services.
2.3. Communications to mindsparx under these Terms shall be addressed to alex@mindsparx.ai.
3. The Services
3.1. mindsparx provides skill assessments, practice materials and Certificates in respect of artificial intelligence data work, including annotation, evaluation and transcription.
3.2. Access to published standard Assessments and the issuance of Certificates to individual Users is presently provided without charge. mindsparx reserves the right to introduce paid features in accordance with Clause 13.
3.3. Procurement of the Services by a Client for the assessment of its own candidates is governed by a separate commercial agreement and by the data processing agreement published at mindsparx.ai/dpa. In the event of conflict between such documents and these Terms, such documents shall prevail in respect of that Client's use of the Services.
3.4. mindsparx is an independent assessment provider. mindsparx is not an employment agency, does not procure engagements for Users, and does not act as the agent or representative of any User in dealings with any third party.
4. Eligibility and Account
4.1. You represent and warrant that you have attained the age of eighteen (18) years.
4.2. You shall maintain one Account only. You shall not register a further Account for the purpose of obtaining additional Assessment attempts.
4.3. You shall ensure that the information supplied to mindsparx, including your email address, is accurate and current.
4.4. Authentication is effected by single-use link transmitted by electronic mail. You acknowledge that any person having access to your electronic mailbox may thereby authenticate as you. You shall maintain the security of that mailbox and shall notify mindsparx at alex@mindsparx.ai upon becoming aware of any unauthorised use of your Account.
4.5. Your Account is personal to you. You shall not sell, transfer, share or otherwise permit the use of your Account by any other person.
5. Assessment Integrity and Prohibited Conduct
5.1. The evidential value of a Certificate is dependent upon the person identified by the Code having personally performed the work assessed. Accordingly, you shall not:
(a) procure any other person to undertake an Assessment on your behalf, or undertake an Assessment on behalf of any other person;
(b) copy, publish, resell, disseminate or otherwise make available any Assessment item, source material or answer key, whether to a study group, forum, messaging channel, repository or otherwise;
(c) employ any other person, any secondary device, or any artificial intelligence tool to generate your responses, save where the instructions applicable to the Assessment expressly permit the use of a specified tool;
(d) employ automated means to scrape, download or enumerate the Content, or otherwise interfere with the operation of the Services;
(e) circumvent, disable, obstruct or otherwise defeat the integrity measures described at Clause 6; or
(f) register multiple Accounts, or use any Code not assigned to you.
5.2. The number of attempts permitted in respect of an Assessment, and any interval required between attempts, is displayed prior to commencement and is enforced by the Services.
6. Monitoring
6.1. Assessment sittings are monitored for integrity purposes. The signals recorded comprise: the duration for which the Assessment window is and is not in focus; the number of copy operations blocked by the Services; the volume of text introduced by paste operation; and the aggregate counts of pointer and keyboard events.
6.2. For the avoidance of doubt, mindsparx does not record the content of keystrokes otherwise than as comprised in your submitted responses, and does not access files, clipboard contents, browsing history, or other applications or browser tabs upon your device.
6.3. Notice of such monitoring is displayed prior to the commencement of each sitting. The lawful basis for such processing, and your right to object thereto, are set out in the Privacy Policy.
7. Enforcement, Notice and Appeal
7.1. Where a sitting is flagged pursuant to Clause 6, or where mindsparx otherwise has reasonable grounds to believe that Clause 5 has been breached, mindsparx may:
(a) withhold automatic issuance of a Certificate pending review;
(b) invalidate the attempt and permit a further sitting;
(c) revoke a Certificate, such revocation being displayed upon the verification page; or
(d) suspend or close the Account.
7.2. Save where the law otherwise requires, or where delay would permit the destruction of evidence, mindsparx shall, prior to exercising any power under Clause 7.1(c) or 7.1(d):
(a) notify you of the findings and of the provision of Clause 5 alleged to have been breached;
(b) afford you fourteen (14) days within which to make written representations to alex@mindsparx.ai;
(c) procure that the determination is made by a natural person and not by automated means alone, and notify you of the determination together with the reasons therefor; and
(d) reinstate the Certificate or the Account where the allegation is not made out.
7.3. mindsparx may suspend access with immediate effect where there subsists a serious and continuing risk to the integrity of the Assessments or to the security of the Services, whereupon the procedure at Clause 7.2 shall be followed as soon as reasonably practicable thereafter.
8. Certificates
8.1. A Certificate attests that the holder of a specified Code attained a specified score upon a specified Assessment at a specified time, as measured against the answer key published in respect of that Assessment.
8.2. A Certificate does not constitute employment advice, an offer or promise of engagement, a guarantee of future performance, an endorsement of any person, or a professional qualification recognised by any competent authority.
8.3. A Certificate verification page displays the Code alone unless you elect to display your name. Such election may be made and revoked at any time. Deletion of your Account removes your name from every Certificate.
8.4. A Certificate does not expire. A Certificate may be revoked pursuant to Clause 7 or where it was issued in error. Revocation is displayed upon the verification page and shall remain so displayed, to the end that a person relying upon the Certificate may ascertain its current status.
8.5. mindsparx may retire or replace an Assessment standard. Such retirement or replacement shall not invalidate a Certificate previously issued, and the verification page shall identify the version of the standard to which the Certificate relates.
8.6. Scoring and the determination of pass or failure are effected by automated means. You may require review by a natural person in accordance with the procedure set out in the Privacy Policy.
9. Result Sharing
9.1. You may generate a revocable link permitting a third party to access a single Assessment result, and may elect whether your display name is presented.
9.2. In generating such a link you effect the publication of that information, and you shall accordingly transmit it only to persons whom you intend to receive it.
9.3. A recipient is required to verify an email address prior to access, and you will be able to view the email address of each recipient who does so. You may revoke the link at any time, with immediate effect.
9.4. You shall not employ the sharing functionality to publish any result other than your own genuine result.
9.5. A person accessing a shared report shall use it solely for the purpose of assessing the person by whom it was shared, shall not republish it, and shall not use the report or the Content for any other purpose. Such person's email address is disclosed to the person by whom the report was shared, as set out in the Privacy Policy.
10. Intellectual Property, Licence and Confidentiality
10.1. The Content and the Services, and all intellectual property rights subsisting therein, are and shall remain the property of mindsparx or its licensors. You are granted a personal, non-transferable, non-exclusive and revocable right to access the Services for the purpose of undertaking Assessments and viewing your own results, and no further right whatsoever. Nothing herein operates to transfer any intellectual property right to you.
10.2. Confidentiality. You shall treat Assessment items, source materials and answer keys as the confidential information of mindsparx, and shall not disclose the same to any third party. This obligation shall survive the termination of your Account and the expiry or termination of these Terms.
10.3. Licence granted by you. Your responses remain your property. You hereby grant to mindsparx a worldwide, non-exclusive, royalty-free licence, sub-licensable solely to the sub-processors identified in the Privacy Policy, to host, store, process, score, display to you and, upon your instruction, share your responses and results, for such period as mindsparx retains the same in accordance with the Privacy Policy.
10.4. You further grant to mindsparx the right to use your responses, held against a Code and without your name or email address, for the purposes of verifying and improving Assessment items, answer keys and scoring methodology, and of deriving aggregate statistical data relating to no identified or identifiable natural person. mindsparx shall not publish your individual responses and shall not sell the same. You may object to the use described in this Clause 10.4 in accordance with the Privacy Policy.
10.5. Feedback. Where you submit suggestions concerning the Services, mindsparx may use the same without restriction and without obligation to you.
11. Availability and Modification of the Services
11.1. mindsparx shall use reasonable endeavours to maintain the availability of the Services but does not warrant uninterrupted availability.
11.2. mindsparx may modify, suspend or discontinue any feature, standard or Assessment, and may make features available on a trial or beta basis.
11.3. Where a modification materially diminishes a feature upon which you rely, mindsparx shall give reasonable notice by electronic mail or within the Services. Where mindsparx discontinues the provision of the Services without charge in their entirety, it shall give not less than thirty (30) days' notice, during which period you may export your data and your Certificates.
12. Suspension and Termination
12.1. By you. You may cease use of the Services at any time and may delete your Account by means of the facility provided within the Services. The consequences of deletion are set out in the Privacy Policy.
12.2. By mindsparx. mindsparx may suspend or close your Account where you are in breach of these Terms, where required to do so by law, or where the Services are discontinued pursuant to Clause 11.3. Save in the circumstances contemplated by Clause 7.3 and save where the law otherwise requires, mindsparx shall give notice and an opportunity to respond in accordance with Clause 7.2.
12.3. Effect. Termination determines your right to access the Services. Certificates properly earned shall remain verifiable against the Code alone save where revoked. Clauses 5, 8, 10, 14, 15, 16, 17 and 19 shall survive termination.
13. Paid Features
13.1. As at the date hereof, the Services are provided to individual Users without charge. Where mindsparx introduces paid features:
(a) the price, the billing period, the features included and any renewal terms shall be presented prior to your entering into any commitment, and shall require your separate acceptance;
(b) where you are a consumer within the European Union, your statutory right of withdrawal shall be preserved, and mindsparx shall inform you at the point of purchase as to its application and the manner of its exercise;
(c) subscriptions shall be capable of cancellation through the Services, and mindsparx shall inform you as to the consequences of cancellation for your access and your data; and
(d) these Terms shall continue to apply to those parts of the Services provided without charge.
13.2. mindsparx shall not impose a charge in respect of any feature previously provided to you without charge without prior notice and without affording you the opportunity to decline.
14. Disclaimer of Warranties
14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES PROVIDED WITHOUT CHARGE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND mindsparx DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
14.2. WITHOUT LIMITATION, mindsparx DOES NOT WARRANT THAT ANY ASSESSMENT MEASURES EVERY ASPECT OF ABILITY, THAT ANY SCORE QUALIFIES ANY PERSON FOR ANY PARTICULAR ENGAGEMENT, OR THAT ANY THIRD PARTY WILL ACCEPT A CERTIFICATE.
14.3. Scoring is effected by comparison against an answer key determined by a human reviewer. Answer keys may contain error. Where you consider an answer key to be erroneous you may invoke the review procedure referred to at Clause 8.6.
14.4. Nothing in this Clause 14 excludes or restricts any right conferred upon a consumer by mandatory law, including any statutory right as to the conformity of digital services supplied in exchange for personal data.
15. Limitation of Liability
15.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, mindsparx SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, NOR FOR ANY LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF ENGAGEMENT OR EARNINGS, OR LOSS OF GOODWILL, HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
15.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF mindsparx IN RESPECT OF ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED WITHOUT CHARGE SHALL NOT EXCEED ONE HUNDRED EUROS (EUR 100). IN RESPECT OF ANY PAID SERVICE, SUCH AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU TO mindsparx IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND ONE HUNDRED EUROS (EUR 100).
15.3. Nothing in these Terms excludes or restricts the liability of mindsparx for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, for gross negligence or intentional misconduct, in respect of the rights of data subjects to the extent that the law does not permit limitation, or in respect of any other liability which may not lawfully be excluded or restricted. Where you are a consumer, your statutory rights are unaffected.
16. Indemnity
16.1. You shall be responsible for the manner in which you present a Certificate to any third party, and shall indemnify mindsparx against any claim brought by a third party arising from your misrepresentation of a result. This Clause 16 shall not apply to the extent that any such claim arises from the act or default of mindsparx, and shall not operate to impose upon a consumer any liability beyond that arising under the general law.
17. Complaints, Governing Law and Jurisdiction
17.1. Complaints. Complaints shall be addressed to alex@mindsparx.ai. mindsparx shall acknowledge receipt within five (5) working days and shall endeavour to respond substantively within thirty (30) days.
17.2. Data protection. Complaints concerning the processing of personal data may additionally be addressed to the competent supervisory authority, as set out in the Privacy Policy.
17.3. Consumer authorities. Where you are a consumer within the European Union and a complaint is not resolved between the parties, you may additionally contact the consumer protection authority of the country in which you reside. In Romania that authority is the National Authority for Consumer Protection (ANPC), of anpc.ro.
17.4. Governing law. These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Romania, excluding its rules of private international law.
17.5. Consumers. Where you are a consumer, the choice of law at Clause 17.4 shall not operate to deprive you of the protection afforded by the mandatory provisions of the law of the country of your habitual residence, and you may bring proceedings before the courts of that country. mindsparx may bring proceedings against a consumer only before the courts of the country in which that consumer is domiciled.
17.6. Businesses. Where you are not a consumer, the courts of Bacau, Romania shall have exclusive jurisdiction.
18. Amendments to these Terms
18.1. mindsparx may amend these Terms from time to time.
18.2. In respect of any material amendment, mindsparx shall give not less than thirty (30) days' notice by electronic mail or within the Services, specifying the date upon which the amendment takes effect. Should you not accept the amendment, you may close your Account prior to that date. Continued use of the Services after that date constitutes acceptance of the amended Terms. Amendments required by law may take effect upon shorter notice.
19. Miscellaneous
19.1. Assignment. You may not assign or transfer any right or obligation under these Terms. mindsparx may assign or transfer its rights and obligations to a successor of its business, and shall notify you of any such transfer.
19.2. Waiver. No failure or delay by either party in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise.
19.3. Severability. Should any provision hereof be held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the provision in question shall be construed so far as possible so as to give effect to the intention of the parties within the limits of enforceability.
19.4. Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between the parties in respect of the Services provided without charge and supersede all prior discussions. In respect of Clients, the commercial agreement and the data processing agreement shall prevail.
19.5. Language. These Terms are made in the English language.
19.6. Notices. Notices to you may be given by electronic mail to the address associated with your Account or by display within the Services.
20. Contact
S.C. Transdesk Communications S.R.L., Str. Valea Alba 8, Bl. 8, Sc. A, Ap. 4, 600004 Bacau, Romania. All communications: alex@mindsparx.ai.