Welcome to NexGen! Below are our comprehensive terms and conditions and essential information about our cookie and privacy policies. We understand that this is a lot to take in, but our intent is clear: we want you to be well-informed about the value and services we offer at NexGen. Our commitment is to ensure that you never have to guess about our processes or what your interaction entails. We strive for transparency, which is why we provide detailed explanations. We strongly encourage you to review these terms or any sections that interest you. By doing so, you’re affirming your agreement to these terms.

Each time you access or use our online and mobile services—including any NexGen mobile applications and browser extensions, regardless of where they are downloaded from (collectively referred to as “NexGen Apps”)—you are engaging with a suite of software, services, features, products, and communications (like e-mail messages and notifications) provided by NexGen (collectively labeled the “Site”). By using our services, (a) you confirm that you have read and understood our Cookie Policy and Privacy Policy, and (b) you agree to comply with the terms and conditions of these Terms of Service (the “Agreement”) that are currently in effect with the specified entity or entities.

This section applies specifically to individuals or organizations using the NexGen QHSE Solutions LLC (“NexGen”) platform in their capacity as job seekers. By accessing the NexGen site, you agree to use the platform exclusively for personal, non-commercial purposes in compliance with these Terms of Service. You also acknowledge that the Terms of Service for All Users apply to your use of the platform, and, in case of conflict, the provisions of this section will take precedence.

NexGen provides access to job advertisements and related content (“Job Ads” or “Job Listings”) posted by third-party employers or aggregated from external sources. These listings are intended to connect job seekers with relevant employment opportunities. However, you acknowledge the following:

• Role of NexGen: NexGen serves as a platform to display Job Ads and does not act as an employment agency or directly participate in hiring decisions.
• Third-Party Content: Job Ads are created by external parties, and NexGen is not responsible for their content, accuracy, completeness, legality, or reliability. Employers may update or remove their Job Listings without notice.
• Employer Practices: Some employers may impose additional terms, including application fees, data usage policies, or screening requirements, which NexGen cannot control.

By clicking on or applying to a Job Ad, you may be redirected to a third-party site. NexGen is not liable for any terms, conditions, or outcomes associated with your interaction on such external sites.

You may create or update a NexGen Profile to share your qualifications with potential employers. By doing so, you agree to the following:

• Profile Visibility: By default, profiles are set to “Searchable,” allowing employers and recruiters to view your profile and contact you. You may change your profile settings to “Not Searchable” to limit its visibility.
• Control Over Your Data: While NexGen strives to give you control over your profile, profiles and resumes marked as “Searchable” may still be indexed by third-party search engines or downloaded by employers before your privacy settings are updated.
• Responsibilities: You are responsible for ensuring your profile is accurate and up-to-date and does not contain sensitive information such as personal identifiers, financial data, or trade secrets.
• Removal of Content: NexGen reserves the right to remove or modify any profile or resume that violates these Terms or other NexGen policies.
• For more privacy and data security information, refer to our Privacy Policy.

NexGen facilitates job applications through its proprietary platform (“NexGen Apply”), enabling job seekers to submit their profiles, resumes, and application materials directly to employers. By using this service, you agree that:

• Accuracy and Completeness: You are solely responsible for reviewing and ensuring the accuracy of your application materials before submission.
• Application Processing: NexGen forwards your application to employers but cannot guarantee its delivery, receipt, or consideration. You must contact the employer directly for updates if an application is not reviewed.
• Employer Data Use: Once your application is submitted, NexGen has no control over how the employer processes, retains or shares your information. Employers may maintain copies of your application even if you withdraw it or update your privacy settings.

NexGen uses algorithms and user-provided data to suggest job opportunities through its job-matching service. Key features include:

• Personalized Matches: Job recommendations are based on your search history, application activity, and profile information.
• Beta Program: Job matching services are provided beta-based, and their accuracy or relevance is not guaranteed.

By continuing to use the platform, you consent to the use of your data to generate job matches and receive email notifications about suggested opportunities.

NexGen enables communication between job seekers and employers through various tools, including:

• Messaging: Employers may contact you through NexGen’s messaging tools. NexGen may process, store, or analyze these messages for compliance, quality control, and platform improvement.
• Notifications: NexGen may send alerts or reminders about job applications, interview requests, or updates via email, mobile app, or dashboard. However, NexGen does not guarantee the delivery of such notifications, their reliability, or their timeliness.

You acknowledge that NexGen’s messaging tools are intended only for hiring-related communication, and misuse of these tools may result in account suspension.

By interacting with NexGen’s platform, you agree to NexGen’s collection, processing, and use of your data as outlined in its Privacy Policy. Specific data handling practices include:

• Activity Tracking: NexGen may use cookies, pixels, and APIs to track your interactions with job listings and applications for analytics and user experience improvement.
• Third-Party Sharing: Data shared with employers or third parties may be subject to their terms and policies. NexGen does not assume responsibility for third-party actions.

AI-Driven Data Use:

• "NexGen utilizes AI-driven assessments and Applicant Tracking Systems (ATS) for candidate vetting and matching. User data collected through these systems complies with privacy regulations such as GDPR and CCPA. Data security measures in

NexGen does not control employers' hiring practices, policies, or decisions using its platform. Job seekers should exercise due diligence when applying to jobs or engaging with employers. NexGen disclaims liability for any outcomes related to your job search, including:

• Rejections or non-responses to applications.
• Fees or conditions imposed by third-party employers.
• Misrepresentation or inaccuracies in Job Ads.

NexGen provides its platform and services “as is” without guarantees of job placement, employer engagement, or the accuracy of job-related content. The platform is intended to facilitate connections between job seekers and employers and is not responsible for the actions of third parties.

If you have any additional questions about NexGen’s Terms of Service for Job Seekers, please contact our support team.

• NexGen offers multiple recruitment models tailored to client needs, including:
• Permanent Placement Services
• Temporary-to-Permanent Placements
• Subscription-Based Recruitment Packages
• Recruitment Process Outsourcing (RPO) Services
• Detailed descriptions of these services can be found on the platform, and specific terms apply based on the chosen service package.

These terms govern participation in the NexGen Publisher Program (“Publisher Program”), which includes using NexGen Application Programming Interfaces (“API”) related to publishing job listings. By enrolling in or using the Publisher Program, you (“Publisher”) agree to these terms and the NexGen General Terms of Service. Participation is limited and subject to NexGen’s sole discretion.

To qualify, Publishers must:

• Be at least 18 years old.
• Ensure their web properties comply with NexGen’s Affiliate Acceptable Use Policy (AAUP).

By accessing NexGen’s platform or API, you acknowledge that some content (including User Content) may be offensive, harmful, or objectionable. NexGen disclaims any liability for such content.

Publishers must adhere to the following guidelines:

• Display of Program Elements: Any NexGen job search results, ads (pay-per-click, pay-per-apply, or pay-per-started-apply), or logos provided by NexGen must be displayed only on approved URLs that NexGen has reviewed and accepted (“Accepted URLs”).
• Proper Labeling: All Program Elements must be labeled with “Jobs by NexGen,” where:
• “Jobs” links to www.nexgenqhse.com or a specified URL.
• “NexGen” displays NexGen’s logo, hyperlinked to the same URL.
• Technical Compliance: Publishers must follow NexGen’s technical specifications for proper delivery, display, tracking, and reporting of Program Elements.
• Use of Rel="nofollow": To prevent automated entities from following NexGen links, Publishers must use the rel="nofollow" attribute for all hyperlinks, whether generated editorially, via API, or through other mechanisms.

Publishers agree to inform NexGen of any changes to their website’s content and permit NexGen to reference their participation in marketing materials.

No Compensation: Participation in the Publisher Program is entirely free. Publishers will not receive monetary compensation, including commissions, for clicks or transactions generated through the program.

• NexGen will not pay for any impressions or clicks deemed artificial, fraudulent, or resulting from a breach of these terms.
• Click count displays or dashboards are informational only and are not contractually binding.

Participation in the Publisher Program can be terminated:

• By NexGen: At any time, with or without notice, for any reason.
• By Publisher: Upon providing notice to NexGen. Termination of these terms will end your participation in the program.

Publishers must maintain the confidentiality of NexGen’s proprietary information, including but not limited to:

• Software, technology, and documentation related to the Publisher Program.
• Performance metrics, such as click-through rates.
• Any information marked as “Confidential” by NexGen.

Disclosure of confidential information requires NexGen’s prior written consent.

Publishers agree to indemnify and hold harmless NexGen, its affiliates, agents, licensors, and partners from any claims, damages, or liabilities arising from:

• Participation in the Publisher Program.
• Use of NexGen’s content, APIs, or services.
• Breaches of these terms.

• Jurisdiction: These terms are governed by the laws of the State of Wyoming. Any disputes must be resolved exclusively in Wyoming courts.
• Waiver of Jury Trial: Publishers who use the program waive the right to a jury trial for disputes related to the Publisher Program.
• Specific service guarantees, such as replacement placement policies, are covered under the respective service package terms. Disputes arising from service guarantees shall follow the outlined resolution mechanisms.
• Service guarantees, including candidate replacement, must be addressed within 3-6 months from the placement date, depending on the chosen package.

Participation in the Publisher Program is conditional on acceptance of this class action waiver:

• Publishers agree not to act as a class plaintiff, representative, or member in any class-action lawsuit against NexGen.
• This waiver does not prevent individual claims, including small claims court actions, in line with the jurisdiction outlined in Section 7. If you disagree with these terms, you must discontinue participation in the NexGen Publisher Program.

By accessing or using the NexGen platform, you agree to abide by these terms. If you disagree, please refrain from using the platform. Please review our Cookie and Privacy Policy to understand how we protect your privacy.

NexGen collects and analyzes user interactions to improve platform functionality. Data tracking, including private browsing, applies universally and is governed by our Privacy Policy. Users agree to:

• Receive content and services tailored to their activities.
• Participate in platform updates and tests without prior notice.

Data stored on your device can be managed by clearing cookies or adjusting browser settings.

Users can post content such as resumes, job ads, and reviews. By doing so, you:

• Grant NexGen a nonexclusive, worldwide, royalty-free license to use, modify, and share your content.
• Affirm ownership or rights to post the content.
• Accept responsibility for its accuracy and appropriateness.
• Content must adhere to NexGen’s Community Guidelines:
• No discriminatory, offensive, or misleading material.
• No sensitive personal data (e.g., social security numbers).
• Accurate job postings and respectful communication are required.

NexGen reserves the right to remove content or take action against violations. If you encounter harmful content, report it to NexGen.

Users agree not to:

• Use automated tools (e.g., bots) without permission.
• Access restricted areas or submit false information.
• Post or promote harmful, illegal, or spam content.
• Violate intellectual property rights.

Violations may result in content removal, account suspension, or legal action.

NexGen integrates ATS, API connections, and AI-driven features to enhance recruitment efficiency. Users are required to agree to specific data usage terms before accessing these features.

NexGen processes payments securely and transparently. Key details include:

• Subscriptions: Renew automatically unless canceled. Refunds for unused billing cycles are at NexGen’s discretion.
• Invoices: Failure to settle outstanding balances may result in service suspension.
• Taxes: Users are responsible for applicable taxes, and withholding taxes must be remitted independently.

NexGen links to third-party sites and services (e.g., background checks and applicant tracking). The respective third-party’s terms govern interactions with these, and NexGen is not liable for related transactions or outcomes.

Users must provide accurate account details and enable two-factor authentication (2FA) for security. Unauthorized account access due to shared credentials is the user's responsibility. NexGen may notify users of suspicious activity but does not guarantee alerts.

NexGen may use the information you provide to contact you via email, SMS, or other means. To stop text alerts, reply “STOP.” Changes to your contact information may take time to update across services.

Beta features and AI-generated content (e.g., resumes, job descriptions) are provided “as is” and may contain inaccuracies. Users must evaluate such content before use. NexGen disclaims liability for reliance on Beta Products or AI content.

NexGen services are for users 16+ (18+ in certain regions). Minors must use the platform under adult supervision. Accounts for users under the minimum age will be terminated, and their data will be deleted.

For copyright claims, submit a compliant notice to NexGen per the Digital Millennium Copyright Act (DMCA) guidelines. Non-U.S. infringement claims can be filed via NexGen’s contact form.

The NexGen platform is provided "as is" without warranties. NexGen is not liable for:

• Errors, outages, or inaccuracies on the platform.
• Harm from downloading content.
• Disruptions caused by third-party services or force majeure events.

To the fullest extent permitted by law, NexGen is not liable for:

• Indirect, incidental, or consequential damages.
• Loss of data, profits, or business opportunities.
• Platform interruptions or misuse.

This agreement is governed by Wyoming laws, with disputes resolved exclusively in Wyoming courts. For EU users, local consumer protection laws apply.

Services provided in the USA, GCC, and Egypt are subject to the respective regional compliance standards. NexGen adapts its recruitment and service offerings to align with local regulations, such as:

• OSHA compliance in the USA.
• Saudization policies in the GCC.
• Labor laws and tax regulations in Egypt.
• Users are responsible for ensuring services adhere to their region’s laws and requirements.

• NexGen reserves all intellectual property rights.
• Unauthorized use, framing, or data extraction is prohibited.
• Notices to NexGen must be sent via certified mail. Notices to users may be sent via email or account notifications.

NexGen uses data-driven recommender systems to present Job Ads tailored to users’ profiles and activity, ensuring relevance and alignment. The Main Parameters include:

• Profile details (e.g., resume data).
• User activity on the Site (e.g., searches, clicks, and applications).
• Search terms and locations.

Key Details:

• Job Ads in search results prioritize search terms.
• Other recommendations balance employer fees and Main Parameters equally.
• Resume Search/Smart Sourcing utilizes search terms, job data, and prior user activity to suggest roles most likely to generate engagement.

These systems are designed to optimize job seeker and employer connections but do not guarantee suitability or outcomes.

Users may label their content as containing commercial communication per the DSA. However, NexGen prohibits such communication on the platform, and flagged content will be removed.

• NexGen defines Job Ads as advertisements when remuneration is received to promote information under the DSA.
• Free Job Ads are not classified as advertisements in the EU since no payment is received for their placement.
• Sponsored Jobs and Employer Branding Ads include transparent “Ad Transparency Information,” detailing:
• Beneficiary: Entity on whose behalf the ad is displayed.
• Sponsor: Entity financing the ad, if different.

Employers are required to provide accurate information and cannot post jobs anonymously or under generic company names within the EU.

NexGen actively identifies and removes fraudulent accounts through automated tools and manual reviews. Users are encouraged to report suspicious accounts, contributing to a secure and trustworthy environment.

If NexGen restricts, removes, or disables your content, services, or account, you may submit a formal complaint within six months of the decision. Include:

• Your email address and reference number.
• Detailed reasoning for your complaint.

Complaints will be reviewed promptly, with NexGen considering all relevant circumstances.

NexGen reserves the right to deactivate accounts, restrict features, or take other actions in cases of misuse, such as:

• Submitting baseless reports of illegal content.
• Filing unwarranted complaints.
• Posting prohibited content.

Each case is evaluated individually, considering the severity, frequency, and overall impact of the misuse.

Participating in NexGen’s Ads Program enhances your brand visibility and recruitment outcomes. These terms (“NAP Terms”) govern your use of NexGen's Ads Program, including posting, managing, and sponsoring advertisements (“Ads”) through various channels like NexGen’s Site, APIs, ATS integrations, XML feeds, and more. Participation in the Ads Program is subject to NexGen’s Terms of Service and any applicable updates to these NAP Terms.

All advertisements placed through NexGen's platform must adhere to local advertising laws and the terms of services of third-party platforms like Google Ads. Advertisers are responsible for ensuring compliance with regional laws concerning ad content, targeting, and sponsorship disclosures.

NexGen offers a range of Ad types, including Job Ads, Employer Branding Ads, and Hiring Event Ads, designed to meet diverse hiring needs. By submitting Ads, you grant NexGen and its affiliates a license to host, display, and reformat your content as needed across NexGen’s Site, apps, and partner platforms (“Other Sites”).

• Ad Distribution and Display: Ads may appear on any NexGen or partner property, but NexGen retains full discretion over Ad placement, frequency, and visibility. Labels like “Sponsored” or “Promoted” may be used at NexGen’s discretion.
• Free Ads: Free Job Ads can be posted on the NexGen Site with limited visibility and may pause after reaching time or application limits.
• Ad Standards: Ads must comply with NexGen’s Job Posting Standards and policies. NexGen reserves the right to reject or remove Ads at any time to ensure compliance, protect users, and maintain platform integrity.
• Job Boards: Only approved job boards adhering to NexGen’s Job Board Inclusion Guidelines may post Ads. Violations may result in account deactivation.

Employer Branding Ads, available on a pay-per-impression basis, promote your workplace culture and brand. NexGen may include Employer Branding Ads as part of Sponsored Job campaigns at no additional cost.

NexGen Hiring Events facilitate online or offline recruitment efforts. NexGen manages the promotion of these events, distributing budgets across pricing models to optimize reach.

• Responsibilities: Event hosts must handle event logistics, including planning, accessibility, candidate screening, and security.
• Budgeting: Hosting may require a minimum advertising budget, and charges are based on selected pricing models.

NexGen’s tracking pixels provide performance insights for Ads. While convenient, NexGen does not guarantee their functionality or accuracy. Users must comply with privacy laws and indemnify NexGen against claims related to pixel use.

NexGen offers integrations such as ATS compatibility and conversion tracking to streamline hiring processes. These tools are provided “as is” and governed by NexGen’s API Terms. Users are responsible for ensuring compliance with all relevant laws when using these integrations.

Sponsoring Ads increases visibility on the NexGen Site and partner platforms. Sponsored Ads are optimized through automated tools for placement and performance but do not guarantee specific results.

• Metrics: Costs are based on impressions, clicks, RSVPs, or applications. Metrics provided by NexGen are definitive and binding.
• Minimum Budgets: Some Ads or campaigns may require minimum budgets, with pricing influenced by market factors like demand, seasonality, and engagement.

Users can tailor budgets and pricing models for Ads, with flexibility to adjust spending as needed. NexGen offers several pricing models:

• Pay Per Impression: Charges based on the number of impressions delivered.
• Pay Per Click: Costs determined by click volume.
• Pay Per RSVP/Application: Fees based on completed RSVPs or started applications.

Budgets for campaigns operate independently, and spending adjustments must align with specific campaign goals. Campaigns will continue until canceled or paused.

Ad charges are billed to the payment method on file when spending reaches $500 or at the beginning of the next billing cycle. Refund policies, taxes, and additional fees are governed by NexGen’s general Payment Terms. Late payments may incur penalties, including attorney fees and collection costs.

Ad participation requires compliance with NexGen’s terms, policies, and guidelines. Users must ensure that:

• Ad content is accurate and lawful.
• Linked websites meet all regulatory standards.
• Automated or fraudulent activities (e.g., invalid clicks, manipulated bidding) are avoided.

Violations may result in account suspension or legal action.

NexGen Ads Program is provided “as is” without warranties of performance, placement, or engagement. NexGen is not responsible for:

• Click fraud or invalid activities.
• Ad targeting inaccuracies.
• Losses due to technical failures or third-party actions.

NexGen’s liability is limited to the amounts paid for the Ads in question.

Ads or campaigns can be canceled anytime, with charges applied up to the cancellation date. NexGen may modify or terminate the Ads Program or specific campaigns at its discretion.

Users agree to indemnify NexGen and its affiliates against claims arising from Ad content, hiring practices, and platform use, including legal fees and compliance issues.

These terms (“NRS Terms”) govern your use of NexGen’s Resume Search and Smart Sourcing Program. By participating, you agree to NexGen’s Terms of Service, including these NRS Terms.

NexGen’s Resume Search Program (“Smart Sourcing”) connects Employers with job seekers who have uploaded their resumes to our Site. Participation requires compliance with NexGen’s guidelines and policies, which may be updated periodically.

• Usage Restrictions: Use the Program solely to identify and contact Resume Owners regarding legitimate job opportunities. Misuse, such as discriminatory, fraudulent, or spam-like activities, is strictly prohibited.
• Contact Validity: Contacts acquired through the Program remain valid for six months from purchase or redemption, unless otherwise stated.
• Communication Limits: NexGen may limit the frequency of your communication with Resume Owners. Messaging must be relevant, professional, and aligned with the Program’s purpose.
• Prohibited Actions: Sharing contact details, bypassing NexGen’s systems, scraping data, or engaging in unauthorized data mining will result in immediate termination and possible legal action.
• Employer Obligations: Employers are responsible for ensuring compliance with applicable laws, including TCPA guidelines for telephone communications.
• Resume Accuracy: NexGen does not verify the accuracy or currency of Resume Owners’ information. Use filtering and sorting tools to evaluate candidates, but note that search results do not guarantee specific qualifications.

Important Notice: NexGen does not guarantee responses or engagement from Resume Owners. Misuse, such as contacting unsuited candidates or violating policies, may result in suspended access to the Program.

• Cancellation Requests: Requests to contact Resume Owners are non-revocable. Subscription cancellations or downgrades may result in loss of features associated with higher tiers.
• NexGen Rights: NexGen may modify or terminate the Program or subscriptions at its discretion. Continued use after updates signifies acceptance of revised terms.

By participating, you affirm that all provided information is accurate and you are an Employer seeking qualified candidates. Misrepresentation may result in termination from the Program.

The Program is provided on an “as-is” and “as-available” basis.

• No Guarantees: NexGen disclaims all warranties, including the validity of contact information or the likelihood of engagement by Resume Owners.
• Limitation of Liability: NexGen’s liability is capped at the total fees paid for the Program related to a specific claim. Neither party is liable for indirect, consequential, or punitive damages.

• Billing Cycle: Charges apply as per the billing terms outlined on the NexGen Site. Subscriptions automatically renew unless canceled. Pausing a subscription does not cancel it, and billing resumes when unpaused.
• Refunds: Payments are final; refunds or credits are not provided for partially used services. Exceptions, if any, are at NexGen’s discretion as service credits.
• Taxes and Fees: All charges are exclusive of taxes, including VAT. Employers are responsible for withholding taxes and any associated fees.
• Payment Information: NexGen may share billing details with trusted third parties for processing and compliance purposes but is not liable for unauthorized disclosures.

You agree to indemnify and defend NexGen, its affiliates, and licensors against claims or liabilities arising from:

• Use of the Program and communication with Resume Owners.
• Actions of third-party services, such as ATS integrations.
• Violations of laws or policies in your sourcing activities.

These NexGen Assessments Terms (“NGA Terms”) are incorporated into the NexGen Terms of Service (“Agreement”). By using NexGen Assessments, you accept these NGA Terms and the Agreement. Undefined capitalized terms retain their meanings as per the Agreement.

NexGen Assessments is an online tool for Employers to administer, manage, and review customized assessments (“Assessments”) to evaluate Job Seekers’ skills and qualifications through responses (“Responses”). These Assessments may include evaluations created by NexGen or third-party providers selected by Employers.

• Employer Responsibility: You decide the content, structure, and recipients of the Assessments. All Assessments must comply with relevant laws, including the Fair Credit Reporting Act (FCRA), Americans with Disabilities Act (ADA), and anti-discrimination laws.
• Consent Requirement: Employers must obtain Job Seekers’ consent before sending Assessments.
• Purpose: Assessments evaluate specific skills and abilities; they are not a substitute for broader qualification or safety evaluations. Use Assessments as part of a comprehensive hiring process, not as the sole criterion for hiring decisions.
• Modifications: NexGen reserves the right to update or modify Assessments to improve quality or for other reasons.
• No Guarantee: Sending an Assessment does not guarantee that the Job Seeker will respond or engage further.

• Job Seeker Participation: Responses are provided voluntarily and may be linked to a Job Seeker’s NexGen Profile for increased visibility.
• Evaluation: Employers are responsible for determining whether Responses meet hiring criteria.
• Additional Features: NexGen may provide tools such as summaries or percentile rankings of Responses but recommends considering the complete Response and additional information for hiring decisions.
• Retakes: Employers can offer retake opportunities at their discretion.

• Prohibited Content: Assessments must not contain illegal, discriminatory, threatening, or offensive material. Soliciting sensitive personal information (e.g., financial data, online credentials, health records) is strictly prohibited.
• Accommodation Requests: Employers must provide reasonable accommodations for Assessment participation and comply with applicable laws. Noncompliance may result in account suspension or termination.
• Content Removal: NexGen may remove or exclude any Assessment or Response at its sole discretion without liability.

NexGen acts solely as a facilitator of Assessments and Responses, providing tools to Employers and Job Seekers. Employers retain full responsibility for employment decisions, compliance with employment laws, and verifying candidate qualifications. NexGen does not verify the accuracy of Responses or Job Seeker information.

NexGen may transition Assessments from a free to a paid service at its discretion. Employers will be notified of any changes in fee structures.

Employers agree to:

1. Use Job Seeker information only for hiring purposes.
2. Restrict access to Job Seeker profiles within the recruiting team.
3. Implement safeguards to prevent unauthorized data access or disclosure.

• "As-Is" Service: NexGen provides Assessments “as-is” and “as-available” without warranties of accuracy, completeness, or suitability for any specific purpose.
• No Guarantees: NexGen does not guarantee communication delivery, Response validity, or hiring outcomes.
• Liability Cap: Except for confidentiality breaches or indemnification obligations, NexGen’s total liability is limited to the fees paid for the service in question. Neither party is liable for indirect, consequential, or special damages.

Employers agree to indemnify and defend NexGen against claims arising from:

• Violations of these NGA Terms or applicable laws.
• Improper use of Assessments or Responses.
• Employment decisions based on Assessments.
  This obligation includes covering legal fees and persists after termination of the Agreement.

NexGen may suspend or terminate access to Assessments, the Site, or Employer accounts at its discretion. Employers may terminate their participation by notifying NexGen and closing their accounts. Provisions related to confidentiality, indemnification, and liability limitations survive termination.

These NexGen API Terms (“API Terms”) are integrated into the NexGen Terms of Service (the “Agreement”). They govern access to and use of the Application Programming Interfaces (“APIs”) developed by NexGen, including associated applications (“Applications”) and any supporting documentation (“Documentation”). By engaging with NexGen APIs or agreeing to these API Terms, you confirm compliance with these conditions and the Agreement. This includes adherence to NexGen’s Privacy Policy, Cookie Policy, and all applicable data protection laws. If you access APIs on behalf of an organization, you affirm your authority to bind the entity to these terms.

NexGen provides APIs and Documentation to facilitate innovative solutions, enabling the integration of NexGen services into your internal business workflows. Key aspects include:

• License Grant: You receive a revocable, non-exclusive, non-transferable, and non-sublicensable license to use NexGen APIs, strictly for purposes aligned with the Agreement.
• Compliance: Your API usage, and that of your End Users, must align with the NexGen Terms of Service, Privacy Policy, and any platform-specific policies. You are responsible for ensuring End Users comply with these requirements.
• Monitoring and Updates: NexGen may monitor your API usage and reserves the right to update, modify, or discontinue APIs at any time. You agree to adapt your Application to any API updates and accept that such changes may affect its functionality.
• Usage Audits: NexGen may conduct periodic audits of your API usage to ensure compliance.

To safeguard NexGen’s ecosystem, the following restrictions and security measures apply:

• Prohibited Actions:
• Copying, reverse engineering, or creating derivative works of NexGen APIs.
• Circumventing access limits or scraping data beyond what is permitted.
• Sending harmful code or unauthorized data through APIs.
• Security Standards: You must implement robust safeguards, including encryption, firewalls, and access controls, to protect data and API interactions. Security audits and compliance measures may be required upon NexGen’s request.
• Data Breach Protocols: Report suspected or actual security breaches involving NexGen APIs or data immediately and collaborate with NexGen to resolve the issue.

Both parties agree to comply with applicable data protection laws, including GDPR, CCPA, and others. Specific responsibilities include:

• Personal Data Use:
• Each party processes Personal Data as an independent Controller unless otherwise agreed.
• Unauthorized access to or misuse of Personal Data must be reported and rectified promptly.
• End User Privacy: If your Application handles End User data, you must provide a comprehensive Privacy Policy outlining data collection, use, and sharing practices.

Charges related to API usage are governed by the Agreement’s Payment terms and include the following provisions:

• Charges: Based on API interactions, with detailed pricing available in NexGen’s Documentation.
• Invoices and Taxes: Payments exclude taxes; you are responsible for applicable taxes and fees. NexGen may share payment details with third-party processors for billing purposes.
• Refunds: Refunds are discretionary and provided as service credits where applicable.

• Voluntary Termination: You may stop using the APIs and terminate this Agreement at any time.
• NexGen’s Right to Terminate: NexGen reserves the right to suspend or terminate API access, with or without notice, if terms are violated or for other valid reasons.

• Ownership: All rights to the NexGen APIs, Documentation, and related intellectual property belong to NexGen and its licensors.
• Feedback: NexGen may use any feedback or suggestions you provide without obligation.

• “As-Is” Service: NexGen APIs are provided “as-is” without warranties of any kind. NexGen disclaims liability for security, reliability, or performance issues.
• Liability Cap: Each party’s total liability is limited to amounts paid or payable under these terms, excluding indirect or punitive damages.

You agree to indemnify NexGen and its affiliates against claims or liabilities arising from:

• Misuse of APIs or User Content.
• Violations of these API Terms or applicable laws.
• Issues related to your Application or End User actions.

This indemnity covers legal fees and persists post-termination of this Agreement.

The NexGen Hiring Platform Terms (NHP Terms) form an essential part of the NexGen Terms of Service, governing all Employers and Job Seekers utilizing NexGen's hiring services. By accessing the NexGen Hiring Platform or related services, you accept these terms alongside NexGen's overarching Terms of Service (“Agreement”).

The NexGen Hiring Platform streamlines hiring processes using tools such as NexGen Interview and related services. Employers are responsible for ensuring compliance with employment laws, including Title VII, and must indemnify NexGen against related claims. NexGen acts as a facilitator, not an employment agency, and disclaims liability for compliance with hiring laws.

As part of the program, NexGen:

• Posts Job Listings or Job Ads on your behalf.
• Manages ad campaigns and handles Job Seeker RSVPs for hiring events.
• Implements and processes screening tools and assessments as requested.
• Shares information between you and Job Seekers based on mutual consent.

Employer Responsibilities:

• Host and manage events, including accommodations for Job Seekers.
• Ensure all data collected complies with local privacy regulations.
• Create accurate and legal Job Listings or Job Ads.

Demographic Data Collection: NexGen collects optional demographic data (e.g., race, gender, age) from Job Seekers to improve services. Employers cannot access this data without explicit permission and must comply with nondiscrimination laws.

Virtual Interviews: NexGen facilitates, but does not guarantee, virtual communication services like video conferencing. NexGen disclaims responsibility for service availability, quality, or punctuality.

• Employer-initiated cancellation: You can cancel Job Listings or Events with 24-hour notice. However, charges for generated RSVPs, clicks, or impressions will still apply.
• NexGen-initiated cancellation: NexGen may terminate or modify services at any time with notice. Continued use of the program constitutes acceptance of updated terms.

Employers must avoid:

• Illegal, fraudulent, or discriminatory activities.
• Misrepresentations in Job Listings or Job Ads.
• Actions violating NexGen’s standards or applicable laws.

Violations can result in account suspension, termination, or legal action.

The program and services are offered "AS IS" and "AS AVAILABLE" with no warranties regarding:

• Performance outcomes like response rates or impressions.
• Event attendance or Job Seeker interest.

NexGen’s liability for claims is capped at the total paid for the relevant Job Ad or Job Listing.

• Charges: Based on RSVPs, clicks, impressions, or applications as per your agreement or insertion order.
• Taxes: Charges exclude taxes (e.g., VAT), which are your responsibility.
• Billing and disputes: NexGen’s measurements determine fees, which must be disputed within 120 days. Payments are processed through provided billing methods.
• Third-party processors: NexGen may share billing information with trusted partners for payment processing and compliance.

Unpaid balances may result in service suspension or termination.

Employers agree to indemnify and defend NexGen against claims arising from:

• Job Listings, Job Ads, or Events.
• Screening tools or questions.
• Use of the platform in violation of these terms.

The NexGen Recruiter Extension Terms (NRX Terms) are a part of the broader NexGen Terms of Service, specifically for Employers utilizing the NexGen Recruiter Extension Service ("NRX Service"). By accessing or using the NRX Service, you agree to abide by these NRX Terms and other related NexGen policies and agreements.

The NRX Service enables Employers to:

• Access NexGen hiring insights via their Applicant Tracking System (ATS).
• Use NexGen Messaging to communicate with Job Seekers directly from their browser.

The service interacts with specific web pages (e.g., ATS pages) as approved by the Employer. Employers must manage permissions, allowing or denying the NRX Service access to selected web pages.

Data Collection and Use:
NexGen collects and processes communications made via the NRX Service, including:

• Data from interactions with third-party sites.
• Candidate details, notes, and engagement metrics.

This data is used for:

• Analysis, content moderation, and quality control.
• Enhancements to NexGen services and tools.

The NRX Service may be provided as a browser extension (e.g., for Chrome), requiring acceptance of NexGen’s Privacy Policy.

Employers are responsible for:

• Ensuring compliance with privacy regulations when granting third-party access via NRX Integrations.
• Safeguarding information stored within their accounts.

All use is subject to NexGen’s Privacy Policy.

The NRX Service is currently free for Employers. NexGen reserves the right to introduce charges for NRX as a standalone product or alongside other NexGen services.

Employers must comply with:

• The NexGen Terms of Service and Site Rules.
• Applicable laws, including privacy laws and the Fair Credit Reporting Act.

Employers also represent and warrant that:

• All information provided to NexGen is accurate and current.
• The NRX Service will not be used to infringe on any individual’s rights.

The NRX Service and related tools are provided "AS IS" and "AS AVAILABLE", with no guarantees regarding:

• Accuracy of information viewed, collected, or stored.
• Service quality, availability, or non-infringement.

NexGen and its affiliates disclaim all express and implied warranties, including but not limited to merchantability and fitness for a particular purpose.

Employers agree to indemnify and defend NexGen against claims arising from:

• Breaches of the NRX Terms.
• Misuse or installation of the NRX Service.
• Actions related to information viewed, collected, or stored via the NRX Service.

NexGen reserves the right to suspend or terminate the NRX Service, the Employer’s account, or related tools at its sole discretion, with or without notice. Employers may terminate their agreement by notifying NexGen and closing their accounts.

Provisions related to ownership, disclaimers, indemnities, and liability limitations will survive termination.

NexGen provides SCORM-compliant e-learning modules and certification prep courses aligned with international standards such as NEBOSH, IOSH, and ISO 45001. Specific terms include:

·  Access Duration: Training modules are accessible for up to 12 months post-enrollment.

·  Certification: NexGen ensures training materials are current and aligned with accrediting bodies but is not liable for exam outcomes.

·  Refund Policy: Refunds for training cancellations are subject to a 7-day notice period before course commencement."

For these Terms of Services, the following definitions apply:

1. Permanent Placement Services: Recruitment services designed to match candidates with employers for long-term roles. Includes pre-screening, placement guarantees, and end-to-end support.
2. Temporary-to-Permanent Placements: A recruitment model where candidates are initially hired on a temporary basis, with the option to transition to permanent employment upon mutual agreement.
3. Subscription-Based Services: Recurring recruitment or service models where clients pay a fixed monthly or annual fee for ongoing support, access to candidate pools, or consultation services.
4. Recruitment Process Outsourcing (RPO): A comprehensive service where NexGen acts as an external recruitment partner, managing the entire hiring process on behalf of the client.
5. SCORM Compliance: Refers to the technical standard for e-learning systems ensuring content interoperability, used for delivering and tracking training modules.
6. API (Application Programming Interface): A set of programming instructions and standards that allow NexGen’s platform to integrate with external systems, such as job boards and applicant tracking systems (ATS).
7. AI-Driven Systems: Technologies that use artificial intelligence to analyze data, automate recruitment processes, and improve candidate-employer matching.
8. Service Guarantees: Commitments by NexGen to provide certain outcomes, such as candidate replacements within a specified timeframe, as detailed in service-specific terms.
9. Compliance Standards: Regulatory requirements applicable to specific regions or industries, such as OSHA (Occupational Safety and Health Administration) in the USA, Saudization in the GCC, or labor laws in Egypt.
10. Ad Program Compliance: Adherence to advertising laws and platform-specific guidelines (e.g., Google Ads policies) to ensure ethical and lawful promotional activities.
11. Data Privacy and Security: Measures to protect user information collected through the platform, including encryption and compliance with GDPR (General Data Protection Regulation) or CCPA (California Consumer Privacy Act).
12. Beta Products: Features or services offered in a trial phase for user feedback, which may not fully represent the final version of the product.
13. Cultural Fit Assessment: Evaluations conducted to ensure candidates align with the values, work environment, and culture of the hiring organization.