Terms of Service
The place of jurisdiction shall insofar as permissible be Hamburg for any disputes arising from the contractual relationship between MOLLYMAWK psychometrics (Mp) and users or test takers.
The contractual relationship shall be governed by the law of the Federal Republic of Germany excluding the UN convention on contracts for the international sale of goods.
Should any individual provision or any part of any provision be or become void, illegal or unenforceable, the validity of the remaining provisions hereof shall in no way be affected. The parties shall endeavour to replace the void, illegal or unenforceable provision by a provision that comes as close as possible to the intended purpose of the ineffective provision.
Design, layout of tests, test principles and test content as well as content of our website may be accessed and inspected by users in the context of preparation for and attendance of an exam in a test centre, but may not be copied, screenshot, recorded, duplicated, or published or distributed in any form. Any usage outside of the context that MOLLYMAWK psychometrics (Mp) provides, be it for commercial or for private purposes, is strictly prohibited. We consider copying, screenshotting, recording, duplicating, publishing, distributing, or presenting content from our website and from our tests in any form violations of our copyright and a theft of our intellectual property, and we reserve the right to seek compensation for damages via legal recourse.
Test taker account
A test taker account is free of charge but can be acquired only in combination with a test package.
The number of accounts is limited to one per person. Double accounts are not accepted in order to protect our retest policy (see below).
Additional accounts that were created with pseudonyms cannot be used to take an exam. Every test taker's identity will be checked prior to an exam. Turning a pseudonym into the correct identity is impossible if an account for that identity already exists as it would create a second account for the same person.
A test package is not transferable to another account.
A test package includes a limited number of training runs for all skills and aptitude tests.
A test package includes the digital environment for one exam run in each test.
A test package is valid 12 months starting from delivery.
Once the validity of a test package is expired access to training and exam runs, consumed as well as un-consumed, is terminated.
Closing an exam irrevocably terminates access to training and exam runs, consumed as well as un-consumed, of the respective test package.
Re-ordering a test package leads to loss of access to training and exam runs of an earlier test package, consumed as well as un-consumed.
Refunding a test package (right of revocation)
Any test package that has not yet been utilized will be refunded to the customer upon request to email@example.com. The customer can be a test taker who has purchased the test package for himself or an organisation which has purchased the test package in order to re-sell it or in order to sponsor it to a test taker.
Both of the following conditions must apply to qualify for a refund:
The request for refund must be made within 14 calendar days after the test package delivery.
A utilized test package will not be refunded. Utilization is defined as start of the first training run or exam run, whatever comes earlier.
Test preparation / training runs
It is in the user's responsibility to ensure a permanent internet connection while using training runs.
Instable internet connection but also unorthodox input outside the scope of what is explained in the instruction and premature termination will lead a run to be utilized but not produce a valid score. This is what we call an invalid training run.
We do not reset invalid training runs.
We do not guarantee the full functionality of the training runs on any kind of private computer system due to our lack of controll about a user's private computer.
An exam offers the opportunity to do all exam runs of the test package under supervision of a test administrator.
An exam requires a valid test package.
An exam requires an exam slot in a MOLLYMAWK-certified test centre.
The core business model of Mp implies that organisations who sponsor or sell test packages to test takers also provide exam slots, either in combination with a test package or as an individual service.
Mp does not guarantee the availability of a test centre in a specific place or at a specific time.
Test centres market their exam slots and manage their exam sessions independent from Mp.
Mp shall not be liable for actions arising from a test centre.
With respect of the marketing, payment, and execution of exam slots, the terms and conditions of the test center apply.
A test centre can be forced to close by unforeseen reasons, Mp shall not be liable for such closures.
An exam requires an official document suitable for identification, either a valid national ID or a valid passport. This identification document must be presented to the test administrator who compares name and birthday with the Mp database and corrects the latter if the recorded information deviates from the information in the identification document.
An exam leads to one certificate after the exam is closed. This certificate contains results for all tests that have been done during that exam session.
Closing an exam / creating a certificate irrevocably terminates access to training and exam runs (consumed as well as un-consumed!) of the respective test package.
Test takers bear the responsibility if they decide and advise the test administrator to close their exam (and create a certificate) without doing all available tests.
Test centres must ensure that certain behaviour leads to the exclusion from the exam session and closure of the test package without refund:
Cheating. This includes but is not limited to:
Faking one’s identity
Using means and methods not explicitly authorized in test instruction
Placing food, beverages, items on the table that are not authorized in test instruction
Helping other test takers cheat
Recording the test session or parts of it
Disrupting. This includes but is not limited to:
Extending breaks significantly to what is defined by system or test administrator
Extreme rudeness towards test administrator or other test takers
Creating noise or activity that significantly affects and/or distracts other test takers
A certificate includes results of exam runs in all tests done during the exam which is included in a test package.
Results on certificates are based only on raw scores recorded during an exam session. These raw scores are turned into suitable percentages, percentiles or standardized values. The raw scores are not disclosed, neither to a test taker nor to an organisation, neither on the certificate nor via other means.
A certificate’s validity and accessibility ends 24 months after the exam.
Valid certificates are downloadable in the test taker’s account.
The organisation which has provided a test package (sponsored or sold) has irrevocable access to the certificate resulting from that package.
Test takers can share a certificate with other organisations regardless of who purchased or sponsored the test package.
Test takers may repeat an exam with the following limitations:
Two exams must be minimum 7 days apart. AND
Maximum two exams may be taken within a 24-month period.
All certificates and accounts that violate these rules will be deleted immediately without any compensation.
Re-order or re-assignment of a test package leads to the loss of access to training and exam runs of an earlier test package, consumed as well as un-consumed.
An already acquired certificate is not affected by a re-order. It remains available in the test taker’s account for the duration of its 24-month validity. A second certificate will be added to the already existing one.
Limitation of liability / warranty
MOLLYMAWK psychometrics shall be liable only for the foreseeable typical damage in the case of breach of essential contractual obligations due to ordinary negligence by its legal representatives or executive employees.
MOLLYMAWK psychometrics shall be liable for the foreseeable typical damage in the case of damage caused intentionally and due to gross negligence by other vicarious agents. The same shall apply to breach of essential contractual obligations due to ordinary negligence. The foreseeable typical damage shall be limited to the order value.
MOLLYMAWK psychometrics shall not be liable for breach of non essential contractual obligations due to ordinary negligence.
MOLLYMAWK psychometrics shall not be liable for damage suffered by the user due to force majeure, i.e. unforeseeable circumstances beyond Mp's control.
Other damages claims are excluded. In particular, liability for indirect consequential damage, including non occurrence of the user’s expected profit, arising through or in a causal connection with a certificate is excluded.
In case of data loss or data destruction MOLLYMAWK psychometrics shall be liable only if it has caused such destruction intentionally, through gross negligence or due to a breach of an essential contractual obligation and at the same time the user has ensured that the destroyed data can be reconstructed at reasonable expense from data material preserved in machine-readable form.
The abovementioned figures shall apply analogously to reimbursement of expenses instead of compensation in lieu of specific performance.
It is in the user's responsibility to ensure a permanent internet connection while using MOLLYMAWK psychometrics software.
The European Commission has provided a platform for Online Dispute Resolution (ODR) which is accessible under http://ec.europa.eu/consumers/odr
If you have any questions or suggestions regarding our terms of service, please contact us at firstname.lastname@example.org.