Updated July 2023
This PEARSON WORKFORCE SKILLS TALENTLENS SCHEDULE (the “Service Schedule”) is incorporated by reference into the Workforce Skills Agreement (the “Agreement”) when a Client purchases the TalentLens services. Capitalized terms not otherwise defined in this Service Schedule shall have the meaning set forth in the Agreement.
1.1 “API” or “Application Programmers Interface” or “Application” means an interface that allows programmatic access to Services through the Client’s own or through a third party platform.
1.2 “API License Agreement” means an API License Agreement set forth as an exhibit to an Order Form, where applicable.
1.3 “Platform Provider” means any platform delivery service provider engaged by the Client who will use an API to access and deliver Services to the Client.
2. SERVICE-SPECIFIC ACCESS CONDITIONS, USE & OWNERSHIP
2.1 Access Rights. Pursuant to the Agreement and this Service Schedule, Pearson grants to Client a non-transferable and non-exclusive right to access the TalentLens assessment Services. The granting of this right is active upon issuance by Pearson of an authorized user login id. Pearson assessments are non-transferable and product inventory cannot be exchanged for a different Pearson product.
2.2 Compliant Use. Client may use the assessment Services within the scope of Client’s training and professional competence and in a manner consistent with the intended use of the assessments. Client represents and warrants that it has the requisite training and any required certifications to access and use Pearson assessment instruments and that use of such assessment instruments for human resource or pre-employment screening will be subject all applicable laws (which includes applicable anti-discrimination and equalities provisions). Client also agrees that it will administer or use any tests or surveys purchased from Pearson in a manner consistent with all professional, ethical, and regulatory guidelines and standards.
2.3 Client Responsibility for Use of Outcomes. Pearson is not responsible for how outcomes are presented on the Client’s platform or through a Platform Provider, or for what decisions Client makes on the basis of outcomes. This includes but is not limited reports or any insights generated based on Product outcomes, and aggregated results, combination scores, and automatic decisions.
2.4 Platform Providers. For all Services purchased by Client that will be delivered through a Platform Provider, Client remains responsible for compliance with this Agreement and for the actions of the Platform Provider accessing the Services on behalf of or as directed by Client.
2.5 Test Sessions. Client shall purchase an allotment of assessments pursuant to an Order Form. Where a purchased TalentLens assessment Service entitles Client to a test session, the test session enables one administration and report for the product ordered and is valid for a period of twelve months from the time of purchase. Access to purchased assessments that have not been administered shall expire after twelve months.
2.6 Maintenance of Confidentiality. Client agrees to take diligent and reasonable steps to keep the Assessment Services and processes confidential and free from unauthorized access or use, and not to divulge, provide, or make the Assessment Services available to a third person, unless said person is under Client’s direct professional supervision.
2.7 Intellectual Property. Tests, surveys, reports, and delivery mechanisms through the Assessment Services are the proprietary property of Pearson, and title to the Services and all intellectual property rights protecting the Services remain with Pearson. Further, Client may not assign, convey, sublicense, or otherwise transfer this agreement or any right, license, or privilege to the Assessment Services Client may receive to another party.
3.1 API Usage. Where applicable, Client is responsible for access to the Services by its employees, candidates, consultants or any other category or permitted users. Any use by Client or Client users through the API will be charged to the Client.
3.2 Invoices in Arrears. For use of Services that exceed the initial purchase of Services set forth on an Order Form, Pearson shall use the invoice to generate a report that will include line-item totals of the Services supplied by Pearson through the API where applicable.