Terms of Use

LAST REVISION: Febuary 2026

PLEASE READ THESE TERMS CAREFULLY.
By accessing or using the Website or Services offered by WeCP Private Limited or WeCP Talent Analytics Inc., you agree to be bound by these Terms of Use (“Agreement”).

If you do not agree, you must discontinue use immediately.

1. DEFINITIONS

  • “WeCP,” “we,” “us,” or “our” means:
    • WeCP Private Limited (India) for customers located in India, or
    • WeCP Talent Analytics Inc. (Delaware, USA) for customers located outside India.
  • “Website” means www.wecreateproblems.com, www.wecp.in, and any related domains or applications.
  • “Products/Services” include assessments, tests, question banks, proctoring features, AI-driven evaluations, software tools, and all related offerings provided by WeCP.
  • “Customer,” “you,” or “your” means any individual, company, or entity accessing or using our Website or Services.

2. CONTRACTING ENTITY

Depending on your billing address or the entity named on your invoice or Order Form:

A. Customers in India

Your contract is with:

WeCP Private Limited
CIN: U72900KA2016PTC096472
Registered Address: 4th Floor, #2628, 27th Main Road, Sector 1, HSR Layout, Bangalore 560102, India.

This Agreement is governed by Indian law, and courts in Bangalore, Karnataka have exclusive jurisdiction.

B. Customers Outside India (United States & Rest of World)

Your contract is with:

WeCP Talent Analytics Inc.
A Delaware Corporation, Employer Identification Number (EIN) : 365042363
Principal Office: 701 Tillery St, Austin, Texas 78702, US

This Agreement is governed by the laws of the State of Delaware, and courts in New York City, New York have exclusive jurisdiction.

Priority Rule

The entity named on your invoice or Order Form is the contracting entity for all purposes.

3. SCOPE OF THE AGREEMENT

These Terms govern:

  • Your access and use of the Website
  • Any purchase of Products or Services
  • Any trial use, demos, or evaluations
  • Any user-generated content you submit

4. PRODUCTS AND SERVICES

4.1 Non-Commercial Use Only

You may use WeCP’s assessments, tests, and tools solely for legitimate business purposes, including:

  • Internal hiring, skill evaluation, and employee development;
  • Recruiting, screening, or evaluating candidates on behalf of your clients, including staffing, IT services, recruitment, or RPO engagements;
  • Assessing learners, trainees, or participants as part of education, training, certification, or upskilling programs;
  • Pre-employment, post-training, or ongoing skill measurement and benchmarking, whether for internal or client-facing purposes.

Resale, redistribution, sublicensing, or use of WeCP software and content to build or offer competing products or services is strictly prohibited, except as expressly permitted under a written agreement with WeCP.

4.2 Proprietary Rights

All content, assessments, software, questions, frameworks, UI, proctoring workflows, and AI-generated outputs are the exclusive property of WeCP or its licensors.

You may not copy, scrape, reproduce, reverse-engineer, or create derivative works unless explicitly permitted.

4.3 Sales Tax / GST / VAT

You are responsible for any applicable GST (India), sales tax (U.S.), VAT, or similar taxes, based on the jurisdiction of the contracting entity.

5. WEBSITE USE RULES

By using the Website, you agree that you will not:

  • Violate any local, national, or international laws
  • Undermine or attempt to disrupt Website functionality
  • Copy or resell Website materials
  • Post defamatory, abusive, or misleading content
  • Transmit spam, unsolicited messages, or malicious files
  • Attempt to bypass access or security controls

You are solely responsible for any and all decisions, actions, or inactions taken or not taken in reliance on the Services and Products provided under this Agreement. The Services and Products, including any AI-generated outputs, are provided for informational purposes only and are not intended to be a substitute for Customer's professional judgment. Customer is solely responsible for reviewing, verifying, and independently validating all outputs before relying on them or using them in any decision-making process, and assumes all risks associated with such use. Customer is solely responsible for, and represents and warrants that it has obtained, all necessary consents, authorizations, and permissions from candidates as required by applicable laws, including privacy and data protection laws, in connection with its use of the Services and Products.

We reserve the right to suspend or terminate accounts violating these rules.

6. LICENSE TO YOU

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Website and Services for your organization’s assessment needs.

You may not:

  • Copy or redistribute content
  • Host on your own infrastructure
  • Create competitive products using ours
  • Use our IP beyond what is expressly allowed

7. USER-GENERATED CONTENT

If you submit or upload content (questions, images, instructions, data, videos), you grant WeCP a perpetual, worldwide, royalty-free license to:

  • Store
  • Process
  • Display
  • Reproduce
  • Transmit
  • Create derivative works (only for service functionality)

WeCP does not moderate all content and is not responsible for user interactions, although we may remove content that violates policies.

WeCP may use anonymized and aggregated data derived from Customer’s use of the Services or Products to develop, improve, train, and optimize its products, services, and artificial intelligence models, provided that such data does not identify Customer or any individual.

8. DISCLAIMERS

The Website, Services and Products are provided “as is” and “as available” without warranties of any kind.

WeCP does not guarantee:

  • Accuracy, completeness or reliability of Website content
  • Accuracy, completeness or reliability of any data, information, or other content generated by AI features provided as part of the Services or Products
  • Error-free assessments or uninterrupted availability
  • That results produced by assessments will meet your expectations
  • That trial or free products will behave like paid versions

AI outputs may contain hallucinations, biases, or inaccuracies. Customer shall independently validate all results for critical hiring decisions. WeCP shall have no liability for any errors, omissions, or inaccuracies in the outputs or for any decisions made or actions taken by Customer based on or in reliance upon the Website, the Services or the Products.

Some jurisdictions do not permit warranty exclusions; in such cases, exclusions apply to the maximum extent permitted.

9. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

A. Maximum Liability Cap

WeCP’s total liability for any claim arising out of this Agreement shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.

B. No Indirect or Consequential Damages

WeCP is not liable for:

  • Loss of profits
  • Loss of data
  • Business interruption
  • Replacement cost of alternative services
  • Any indirect, incidental, or special damages

These limitations apply even if WeCP was advised of the possibility of such damages.

10. INDEMNIFICATION

You agree to indemnify and defend WeCP (and its officers, employees, contractors, and affiliates) from claims arising out of:

  • Your breach of this Agreement
  • Your misuse of the Website or Services
  • Any data or materials you submit
  • Any violation of law or third-party rights
  • Any claim that Customer’s data, content, candidate information, or instructions violate applicable data protection, employment or privacy laws

WeCP may participate in the defense at its own expense.

11. PRIVACY

WeCP processes personal data in accordance with applicable laws:

India Customers

Processed under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and the Digital Personal Data Protection Act, 2023 along with all the rules, regulations, notifications, orders, directions that may be issued pursuant thereto.

U.S. / Global Customers

Processed under:

  • U.S. Federal & State Privacy Laws (including CCPA/CPRA where applicable)
  • GDPR for EU/EEA users
  • Other applicable international privacy regulations

Data Processing Agreement

The terms of the Data Processing Agreement 2026 ("DPA") [https://www.wecreateproblems.com/dpa-2026] shall govern the processing of personal data. In the event of conflict between these Terms and the DPA with respect to data processing, the DPA shall prevail.

Customer Consent Obligations

Customer is solely responsible for, and represents and warrants that it has obtained, all necessary consents, authorizations, and permissions from candidates as required by applicable laws, including privacy and data protection laws, in connection with its use of the Services and Products. This includes, where applicable, written consent for biometric data collection required by the Illinois Biometric Information Privacy Act (BIPA), Texas Capture or Use of Biometric Identifier Act (CUBI), Washington RCW 19.375, or similar state laws. Customer shall indemnify and hold harmless WeCP from any claims, damages, or penalties arising from Customer's failure to obtain required consents or provide required notices.

Third-Party Data Processing

Customer acknowledges that certain Services features utilize third-party artificial intelligence and machine learning providers. Customer agrees that:

(a) Candidate data, including assessment responses and video recordings, may be processed by such third-party providers;
(b) Such providers may process data under their standard terms of service, which may permit limited data retention or use for service improvement;
(c) WeCP is not responsible for the data practices of third-party providers beyond the scope of WeCP's contractual agreements with such providers;
(d) Customer is responsible for determining whether the use of such third-party providers is appropriate for Customer's compliance obligations and risk tolerance.

The Privacy Policy is incorporated by reference into these Terms.

12. DATA ARCHIVING POLICY

To maintain system performance, WeCP may archive older test reports:

  • Reports older than one year may have limited functionality
  • Proctoring images and video playback may no longer be accessible
  • Summary results and metadata may remain available

13. CANCELLATION & REFUNDS

  • You may cancel at any time, but no refunds are provided for partial billing periods.
  • Upon cancellation, access to paid features ends immediately.
  • WeCP may delete your data after cancellation unless required by law or contract to retain it.

15. TERMINATION

WeCP may suspend or terminate your access:

  • If you violate these Terms
  • If you misuse the Services
  • If your account remains unpaid
  • If your usage creates security or operational risks
  • In order to comply with applicable laws
  • Upon 30 day’s prior written notice

Termination does not limit WeCP’s right to pursue legal remedies.

16. FORCE MAJEURE

WeCP is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or widespread internet outages.

17. CLASS ACTION WAIVER

You agree not to participate in any class action, class arbitration, or representative proceeding.

All claims must be brought individually.

(Not applicable where prohibited by local law.)

18. LIMITATION PERIOD

Any claim against WeCP must be brought within one (1) year of the event giving rise to the claim.
Claims filed after that period are permanently barred.

19. ASSIGNMENT

Neither party may assign or transfer this Agreement, by operation of law or otherwise, without the other party’s prior written consent, and any attempt by either party to do so, without such consent, will be void. Notwithstanding the foregoing, either party may assign or transfer this Agreement to a third party that acquires all or substantially all of the assigning party’s business and assets relating to the subject matter of this Agreement by sale. The assigning party must provide written notice to the other party of such assignment within 20 days following the closing of the sale.

20. MODIFICATION OF TERMS

WeCP may revise these Terms at any time.
The revision date at the top indicates the effective date.
Continued use after revision constitutes acceptance.

21. ENTIRE AGREEMENT

These Terms, together with:

  • The Privacy Policy
  • Any Order Form
  • Any other Agreement mutually signed

constitute the sole and entire agreement between you and WeCP (the “Agreement”) with respect to its subject matter, and expressly supersede and terminate all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, relating to such subject matter.

This Agreement becomes effective and binding upon your access to, or use of, the Website or Services. Continued use of the Website or Services constitutes your acceptance of these Terms.

Terms of Use These Terms of Use (the “Terms”) are made and effective as of [Date] (the “Effective Date”) by and between WeCP Private Limited (India), for customers located in India, or WeCP Talent Analytics Inc. (Delaware) for customers located outside of India (“WeCP”, “we” “us” or “our”) and, [Customer Name] a [Jurisdiction] corporation, having its head office at [Address] ("Customer", “you” or “your”). Definitions “Website” means [wecreateproblems.com], and any related domains or applications. “Products/Services” include assessments, tests, question banks, proctoring features, AI-driven evaluations, software tools, and all related offerings provided by WeCP to you pursuant to this Agreement. Contracting Entity Depending on your billing address or the entity named on your invoice or Order Form: Customers in India Your contract is with: [WECP PRIVATE LIMITED] This Agreement is governed by [Indian] law, and courts in [Bangalore, Karnataka] have exclusive jurisdiction. Customers Outside India (United States & Rest of World) Your contract is with: [WECP TALENT ANALYTICS INC] This Agreement is governed by the laws of the State of Delaware, and courts in New York City, New York have exclusive jurisdiction. Priority Rule The entity named on your invoice or Order Form is the contracting entity for all purposes. Scope of the Agreement These Terms govern: Your access and use of the Website Any purchase of Products or Services Any trial use, demos, or evaluations Any user-generated content you submit Products and Services Non-Commercial Internal Use Only You may use WeCP’s assessments, tests, and tools solely for your internal hiring, skill evaluation, or employee development purposes. Resale, redistribution, sublicensing, or competitive use of WeCP content is strictly prohibited. Proprietary Rights All content, assessments, software, questions, frameworks, UI, proctoring workflows, and AI-generated outputs are the exclusive property of WeCP or its licensors. You may not copy, scrape, reproduce, reverse-engineer, or create derivative works unless explicitly permitted. Sales Tax / GST / VAT You are responsible for any applicable GST (India), sales tax (U.S.), VAT, or similar taxes, based on the jurisdiction of the contracting entity. Use Rules By using the Website, you agree that you will not: Violate any local, national, or international laws Undermine or attempt to disrupt Website functionality Copy or resell Website materials Post defamatory, abusive, or misleading content Transmit spam, unsolicited messages, or malicious files Attempt to bypass access or security controls You are solely responsible for any and all decisions, actions, or inactions taken or not taken in reliance on the Services and Products provided under this Agreement. The Services and Products, including any AI-generated outputs, are provided for informational purposes only and are not intended to be a substitute for Customer's professional judgment. Customer is solely responsible for reviewing, verifying, and independently validating all outputs before relying on them or using them in any decision-making process, and assumes all risks associated with such use. Customer is solely responsible for, and represents and warrants that it has obtained, all necessary consents, authorizations, and permissions from candidates as required by applicable laws, including privacy and data protection laws, in connection with its use of the Services and Products. We reserve the right to suspend or terminate accounts violating these rules. License to You We grant you a limited, non-exclusive, non-transferable, revocable license to use the Website and Services for your organization’s internal assessment needs. You may not: Copy or redistribute content Host on your own infrastructure Create competitive products using ours Use our IP beyond what is expressly allowed User-Generated Content If you submit or upload content (questions, images, instructions, data, videos), you grant WeCP a perpetual, worldwide, royalty-free license to: Store Process Display Reproduce Transmit Create derivative works (only for service functionality) WeCP does not moderate all content and is not responsible for user interactions, although we may remove content that violates policies. WeCP may use anonymized and aggregated data derived from Customer’s use of the Services or Products to develop, improve, train, and optimize its products, services, and artificial intelligence models, provided that such data does not identify Customer or any individual. Disclaimers The Website, Services and Products are provided “as is” and “as available” without warranties of any kind. WeCP does not guarantee: Accuracy, completeness or reliability of Website content Accuracy, completeness or reliability of any data, information, or other content generated by AI features provided as part of the Services or Products Error-free assessments or uninterrupted availability That results produced by assessments will meet your expectations That trial or free products will behave like paid versions AI outputs may contain hallucinations, biases, or inaccuracies. Customer shall independently validate all results for critical hiring decisions. WeCP shall have no liability for any errors, omissions, or inaccuracies in the outputs or for any decisions made or actions taken by Customer based on or in reliance upon the Website, the Services or the Products. Some jurisdictions do not permit warranty exclusions; in such cases, exclusions apply to the maximum extent permitted. Limitation of Liability Maximum Liability Cap WeCP’s total liability for any claim arising out of this Agreement shall not exceed the amount paid by you for the Services in the 12 months preceding the claim. No Indirect or Consequential Damages WeCP is not liable for: Loss of profits Loss of data Business interruption Replacement cost of alternative services Any indirect, incidental, or special damages These limitations apply even if WeCP was advised of the possibility of such damages. Indemnification You agree to indemnify and defend WeCP (and its officers, employees, contractors, and affiliates) from claims arising out of: Your breach of this Agreement Your misuse of the Website or Services Any data or materials you submit Any violation of law or third-party rights Any claim that Customer’s data, content, candidate information, or instructions violate applicable data protection, employment or privacy laws WeCP may participate in the defense at its own expense. Privacy WeCP processes personal data in accordance with applicable laws: India Customers Processed under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and the Digital Personal Data Protection Act, 2023 along with all the rules, regulations, notifications, orders, directions that may be issued pursuant thereto. U.S. / Global Customers Processed under: U.S. Federal & State Privacy Laws (including CCPA/CPRA where applicable) GDPR for EU/EEA users Other applicable international privacy regulations Data Processing Agreement Where Customer and WeCP have executed a Data Processing Agreement ("DPA"), the terms of the DPA shall govern the processing of personal data. In the event of conflict between these Terms and the DPA with respect to data processing, the DPA shall prevail. Customer Consent Obligations Customer is solely responsible for, and represents and warrants that it has obtained, all necessary consents, authorizations, and permissions from candidates as required by applicable laws, including privacy and data protection laws, in connection with its use of the Services and Products. This includes, where applicable, written consent for biometric data collection required by the Illinois Biometric Information Privacy Act (BIPA), Texas Capture or Use of Biometric Identifier Act (CUBI), Washington RCW 19.375, or similar state laws. Customer shall indemnify and hold harmless WeCP from any claims, damages, or penalties arising from Customer's failure to obtain required consents or provide required notices. Third-Party Data Processing Customer acknowledges that certain Services features utilize third-party artificial intelligence and machine learning providers. Customer agrees that: (a) Candidate data, including assessment responses and video recordings, may be processed by such third-party providers; (b) Such providers may process data under their standard terms of service, which may permit limited data retention or use for service improvement; (c) WeCP is not responsible for the data practices of third-party providers beyond the scope of WeCP's contractual agreements with such providers; (d) Customer is responsible for determining whether the use of such third-party providers is appropriate for Customer's compliance obligations and risk tolerance. The Privacy Policy is incorporated by reference into these Terms. Data Archiving Policy To maintain system performance, WeCP may archive older test reports: Reports older than one year may have limited functionality Proctoring images and video playback may no longer be accessible Summary results and metadata may remain available Cancellation & Refunds You may cancel at any time, but no refunds are provided for partial billing periods. Upon cancellation, access to paid features ends immediately. WeCP may delete your data after cancellation unless required by law or contract to retain it. Termination WeCP may suspend or terminate your access: If you violate these Terms If you misuse the Services If your account remains unpaid If your usage creates security or operational risks In order to comply with applicable laws Upon 30 day’s prior written notice Termination does not limit WeCP’s right to pursue legal remedies. Force Majeure WeCP is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or widespread internet outages. Class Action Waiver You agree not to participate in any class action, class arbitration, or representative proceeding. All claims must be brought individually. (Not applicable where prohibited by local law.) Limitation Period Any claim against WeCP must be brought within one (1) year of the event giving rise to the claim. Claims filed after that period are permanently barred. Assignment Neither party may assign or transfer this Agreement, by operation of law or otherwise, without the other party’s prior written consent, and any attempt by either party to do so, without such consent, will be void. Notwithstanding the foregoing, either party may assign or transfer this Agreement to a third party that acquires all or substantially all of the assigning party’s business and assets relating to the subject matter of this Agreement by sale. The assigning party must provide written notice to the other party of such assignment within 20 days following the closing of the sale. Modification of Terms WeCP may revise this Agreement at any time by sending a new version to Customer. Continued use after revision constitutes acceptance. Entire Agreement These Terms, together with: The Privacy Policy Any Order Form constitute the sole and entire agreement between you and WeCP (the “Agreement”) with respect to its subject matter, and expressly supersedes and terminates all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the parties with respect to its subject matter. Upon execution of this Agreement, all prior agreements are hereby deemed terminated and shall be of no further force or effect.