Last updated July 2026
Terms of Service
These Terms of Service (the Terms) govern access to and use of the Najaba website, assessment platform, and reports (together, the Service), operated by Nuvis Solutions LLC. By accessing or using the Service, you agree to these Terms on behalf of yourself and any organization you represent. If you do not agree, do not use the Service. Where a separate written agreement exists between Najaba and your organization, that agreement prevails over any conflicting provision in these Terms.
Definitions
Client means the organization that engages the Service. Candidate or Individual means a person who completes an assessment. Assessment means the questionnaires, exercises, and scoring provided through the Service. Reports means the outputs generated from an assessment. Content means all software, models, text, designs, and materials made available through the Service.
Eligibility and accounts
You represent that you have authority to accept these Terms on behalf of the organization you represent. You are responsible for keeping account credentials confidential, for all activity under your account, and for notifying us promptly of any unauthorized use.
License to use
Subject to these Terms and any commercial agreement, Najaba grants the Client a limited, non-exclusive, non-transferable, revocable license to use the Service and Reports for the Client's internal business purposes only. No other rights are granted.
Client responsibilities
The Client is solely responsible for using the Service and Reports lawfully, fairly, and without unlawful discrimination; obtaining all consents and giving all notices required before an assessment; complying with applicable employment, labor, privacy, and equal-opportunity laws; and interpreting and applying results using appropriately qualified human judgment. The Client will not use the Service or any Report as the sole basis for any significant decision about an individual.
Nature of assessments and results
Assessments and Reports are probabilistic, developmental, and decision-support tools. They are grounded in established scientific frameworks but are not guarantees of ability, performance, character, integrity, or future outcomes. They are not psychological, medical, or clinical diagnoses and must not be used or relied upon as such. Demonstration figures shown on the website are illustrative and do not represent any real individual or customer. To the extent permitted by law, Najaba does not warrant that any result is accurate, complete, or suitable for a particular decision.
Acceptable use
You will not use the Service for any unlawful, infringing, or harmful purpose; reverse engineer, decompile, scrape, or attempt to derive the underlying models or methodology; resell, sublicense, or make the Service available to third parties without our written permission; or use the Service to disadvantage any individual unlawfully. We may suspend access to protect the Service or comply with law.
Intellectual property
Najaba and its licensors own all rights in the Service, software, assessment content, scoring models, methodology, report formats, and the Najaba name and trademarks. Except for the limited license stated here, no rights are transferred. Any feedback you provide may be used by us without restriction or obligation.
Fees
Where fees apply, they are as agreed in a separate order or agreement. Reports may be commissioned individually and priced separately. Unless stated otherwise, fees are non-refundable and exclusive of taxes.
Confidentiality
Each party will protect the other's confidential information with reasonable care and use it only as needed to perform under these Terms, except where disclosure is required by law.
Data protection
Our processing of personal data is described in our Privacy Policy and, where applicable, a separate data processing agreement. For assessment data processed on behalf of the Client, the Client is the controller and Najaba is the processor as set out in the Privacy Policy.
Third-party services
The Service may rely on or link to third-party services. Those services are provided by their respective providers on their own terms, and Najaba is not responsible for them.
Disclaimers
The Service is provided on an as is and as available basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Najaba does not warrant that the Service will be uninterrupted, error free, or secure, or that results will meet your requirements.
Limitation of liability
To the maximum extent permitted by law, Najaba and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Service or these Terms, even if advised of the possibility. To the maximum extent permitted by law, Najaba's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the amounts paid by the Client to Najaba for the Service in the twelve months before the event giving rise to the claim, or one hundred United States dollars if no amount was paid. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. In particular, and to the maximum extent permitted by law, Najaba is not liable for the Reports or for any assessment result, for any decision made using the Service or Reports, or for any fine, penalty, sanction, or third-party or regulatory claim imposed on or made against the Client.
Indemnification
The Client will defend, indemnify, and hold harmless Najaba and its affiliates, officers, and employees from and against any claims, damages, liabilities, and costs, including reasonable legal fees, arising out of the Client's use of the Service or Reports, any decision made in reliance on them, any breach of these Terms, or any failure to obtain required consents or to comply with applicable law. This indemnity expressly covers any fine, penalty, sanction, or regulatory or third-party claim, and any claim relating to the Reports, assessment outcomes, or any hiring, development, or other decision.
Term and termination
We may suspend or terminate access if you breach these Terms, or to address a security, legal, or operational risk. On termination, the licenses granted end and you must stop using the Service. Provisions that by their nature should survive termination will survive.
Changes
We may modify the Service or these Terms from time to time. Material changes will be communicated through the website or directly to your organization. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
Force majeure
Najaba will not be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, outages, network or infrastructure failures, or governmental action.
Governing law and disputes
These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of laws rules. The courts of India have exclusive jurisdiction over any dispute arising out of or relating to the Service or these Terms, subject to any mandatory rights available to you under applicable local law.
General
If any provision is found unenforceable, the remaining provisions continue in effect. Our failure to enforce a provision is not a waiver. We may assign these Terms in connection with a reorganization or sale; you may not assign them without our consent. These Terms, together with any separate agreement, are the entire agreement between the parties regarding the Service.
Contact
Questions about these Terms can be sent to hello@nuvishr.com.