Terms of Service
These terms govern your access to and use of Bell Method assessments, insights, and services provided by Zeswa, Inc. Your signed order form may supplement or override specific clauses. Please read carefully before activating your workspace.
By creating a Zeswa workspace, clicking "I agree," or using any part of the Zeswa platform, you agree to be bound by these Terms of Service, the Bell Method IP Protection Addendum, and the Data Processing Agreement (DPA) incorporated by reference. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the platform.
Zeswa grants you a limited, non-exclusive, non-transferable license to access and use the platform during your subscription term, solely for your internal business purposes. You may not sublicense, resell, or provide access to unauthorized third parties. We may update, modify, or discontinue features with reasonable notice; material reductions in functionality will be communicated at least 30 days in advance.
You are responsible for all activity that occurs under your workspace. Each account is for the named user only — credentials may not be shared, transferred, or used by another person. Administrators must maintain a current email address, implement multi-factor authentication, and manage seat assignments. You must promptly notify Zeswa of any unauthorized access, suspected security breach, or violation of these terms by another user of which you become aware. Accounts created using false or misleading information, or for competitive intelligence purposes, will be suspended without refund.
You agree to use the platform only for lawful purposes and in accordance with applicable employment, privacy, and anti-discrimination laws. You must not use Bell Method insights to make decisions that violate protected-class regulations, scrape or reverse-engineer the platform, introduce malware or disruptive code, or circumvent access controls. You also agree not to post, transmit, or otherwise make available through the platform any content that: (a) is defamatory, harassing, obscene, or unlawful; (b) promotes hatred or harm against any group or individual; (c) infringes another party's intellectual property or privacy rights; (d) impersonates any person or misrepresents your affiliation; (e) contains viruses, worms, or other harmful code; (f) uses bots, scripts, or automated tools to access the platform; or (g) constitutes spam or unsolicited bulk communication. You warrant that all information you submit is accurate, and you will promptly correct any information that becomes inaccurate. Zeswa may suspend access immediately if we detect a violation of this section, and may remove any content that, in our reasonable judgment, violates these terms.
You retain ownership of any content you submit through community surfaces of the platform (for example, blog comments, shared notes, or feedback). By posting such content, you grant Zeswa a non-exclusive, worldwide, royalty-free license to host, reproduce, display, and distribute that content for the purpose of operating, improving, and promoting the platform, and you represent that you have all rights necessary to grant that license. This license does not extend to candidate questionnaire responses, fit-score outputs, or other workspace data, which are governed by Section 7 (Intellectual property) and the DPA.
Subscription fees are invoiced in advance based on contracted seats, Bell Method modules, and optional talent scientist services. Overages (seats in excess of your contracted tier) are calculated and billed monthly. All fees are non-refundable except as required by law or as explicitly stated in your order form. Failure to pay within 30 days of the invoice due date may result in service suspension. Disputed charges must be raised within 60 days of the invoice date.
Fees are exclusive of applicable taxes (VAT, GST, sales tax). You are responsible for paying all applicable taxes. Where Zeswa is required by law to collect taxes, the applicable tax will be added to your invoice. If you hold a valid tax exemption certificate, provide it to billing@zeswa.com before the invoice date.
You may cancel your subscription at any time through the workspace settings panel or by sending written notice to billing@zeswa.com from a registered administrator email. Cancellation is effective at the end of the current paid term, and no refund is issued for unused days in that term, unless your order form expressly provides otherwise. For new subscriptions, Zeswa offers a 14-day refund window from the original purchase date — to request a refund within this window, email billing@zeswa.com with the subject line "cancel" from your administrator email.
Zeswa and its licensors own all rights in the platform, Bell Method frameworks, compatibility matching system, scoring algorithms, profiling questionnaires, and associated documentation (collectively, the "Zeswa IP"). Your organization retains ownership of workspace data, candidate responses you collect, and any custom templates you create. You grant Zeswa a limited license to process that data solely to deliver the services described in the DPA. You will not copy, modify, distribute, create derivative works from, reverse engineer, or commercially exploit any Zeswa IP without our prior written consent. Nothing in these terms transfers IP ownership to either party except as explicitly stated.
Each party agrees to hold the other's confidential information in strict confidence, using at least the same degree of care it uses for its own confidential information (no less than reasonable care). Confidential information excludes material that is publicly known, independently developed, or lawfully obtained from a third party. Obligations of confidentiality survive termination for three years, except for trade secrets which are protected indefinitely.
Your use of personal data within Zeswa is subject to the Data Processing Agreement and our Privacy Policy. You are the data controller for candidate and employee data processed in your workspace; Zeswa is the data processor. You are responsible for obtaining necessary consents, maintaining lawful bases for processing, and honoring data subject rights. Zeswa will assist with legally required requests at your reasonable cost.
By using the platform, you agree that Zeswa may use information about your experience with the Services — in fully anonymized and aggregated form — to advance the science of team composition, refine our compatibility methodology, and support research conducted by organizational psychologists and behavioral scientists. Research outputs may be published in academic journals or shared publicly, but no personally identifiable information will ever be included, and individual responses will never be published.
Bell Method fit scores and Team DNA insights are decision-support tools, not predictions or guarantees. Zeswa does not warrant that any specific match, hire, or team configuration will perform to a particular standard, and does not verify that registered users or candidates are who they claim to be. You are solely responsible for your hiring, staffing, and team-design decisions, and you agree to take reasonable precautions and apply independent judgment when acting on platform insights.
The platform integrates with and links to third-party services — including ATS providers, HRIS systems, payment processors, and partner integrations — that are not controlled by Zeswa. We provide these integrations and links as a convenience; their inclusion does not imply endorsement, and Zeswa is not responsible for the content, availability, or practices of any third-party service. Your use of any third-party service is governed by its own terms, and Zeswa is not liable for any loss or damage arising from your use of, or reliance on, those services.
From time to time, Zeswa may make experimental or "beta" features available for your evaluation. Beta features are provided AS-IS, without warranty of any kind, and may be modified, suspended, or discontinued at any time at Zeswa's sole discretion. Beta features may not meet the same availability, performance, or security standards as generally available features, and the limitations of liability in Section 17 apply with full force to them.
Zeswa warrants that the platform will perform materially in accordance with the documentation and that we will maintain commercially reasonable security measures. TO THE EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" WITHOUT ADDITIONAL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Zeswa does not warrant uninterrupted or error-free operation and is not responsible for third-party integrations or data accuracy originating from your systems. Opinions and content posted by other users are those of their authors and should not be relied upon as advice from Zeswa.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZESWA'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS IS LIMITED TO THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM. IN NO EVENT IS EITHER PARTY LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS — REGARDLESS OF THE THEORY OF LIABILITY. Zeswa is not liable for any claim or damage arising from the conduct of other users, from communications between users, or from information that users have provided that turns out to be inaccurate. Certain jurisdictions do not allow limitation of liability for personal injury, fraud, or certain statutory rights; nothing in this section limits liability that cannot be excluded by applicable law.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Zeswa, its officers, directors, employees, and agents from any claim, loss, liability, or expense (including reasonable legal fees) arising out of or related to: (a) your use of or inability to use the platform; (b) content you submit through the platform; (c) your violation of these terms or of any applicable law; or (d) your violation of any rights of a third party. Zeswa reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate in asserting any available defenses.
Either party may terminate the subscription with 30 days' written notice. Zeswa may suspend or terminate immediately for material breach, non-payment, or conduct endangering security or other customers. Upon termination, your license to use the platform ceases immediately. Exports remain available for 60 days post-termination; Bell Method IP configurations must be deleted within that window. Sections on IP, confidentiality, payment, indemnification, and liability survive termination.
These terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute arising from these terms will first be escalated to senior management of each party for good-faith negotiation. If unresolved after 30 days, disputes will be settled by binding arbitration under the JAMS Comprehensive Arbitration Rules in San Francisco, California. Class actions and jury trials are waived to the extent permitted by law. Any claim must be brought within one (1) year after it arises, or be forever barred, to the maximum extent permitted by law.
We may update these terms at any time. Material changes will be notified to workspace administrators by email at least 14 days before taking effect. Your continued use of the platform after the effective date constitutes acceptance. If you do not agree to material changes, you may terminate your subscription before the effective date and receive a pro-rata refund for the remaining prepaid period.
Questions about these terms?
Reach our team at legal@zeswa.com or write to Zeswa, Inc., 340 Pine Street, Suite 800, San Francisco, CA 94104.