Terms of Service

1. Who we are and who these terms are for

1.1 These Terms of Service (Terms) are offered by Omniteam.ai B.V., a private limited company under Dutch law, registered with the Dutch Chamber of Commerce (KvK) under number 97929689, VAT number NL868292783B01, with its registered office at Valeriusstraat 70-2, 1071 MN Amsterdam, the Netherlands (Omniteam, we). Contact: [email protected].

1.2 The Terms apply to the use of the Omniteam recruitment service at app.omniteam.ai and its related apps and integrations (the Service) by an organisation (the Customer). The Service is offered only to organisations acting in the course of their business or profession, including foundations and public bodies, and not to consumers. The person who creates an account or accepts the Terms confirms that they are authorised to bind the Customer.

1.3 The Customer accepts the Terms by ticking the acceptance box when it creates an account or starts a paid Plan. Omniteam makes the Terms and the DPA available before acceptance in a form the Customer can store and print, and sends them with the welcome e-mail. General terms and conditions of the Customer, including purchasing conditions, do not apply.

2. Definitions and order of precedence

2.1 Customer Data means all data that the Customer or its Users upload or enter into the Service, and the output the Service generates from it. User means a person the Customer allows to use the Service under its account. Plan means the Free Plan or a paid plan as described on the Plans page at omniteam.ai when the Customer chooses it. DPA means Omniteam's Data Processing Agreement for online customers, published at omniteam.ai/en/dpa, which forms part of these Terms.

2.2 If documents conflict, the following order applies: (a) on data protection matters, the DPA; (b) these Terms; (c) the Plans page and the Service documentation.

2.3 These Terms and the DPA do not apply to a Customer that has signed a subscription agreement with Omniteam, even if its Users accept them in the Service. That Customer uses the Service under its signed agreement and data processing agreement only.

3. The Service and its AI functions

3.1 The Service helps recruiters and hiring managers organise evidence from applications and interviews: it stores CVs and interview recordings, transcribes interviews, and uses AI to find quotes and draft summaries that link to their sources, against the Customer's own job criteria.

3.2 The Service does not take decisions about candidates. Its AI functions do not reject candidates or change a candidate's stage, give no suitability scores, ratings or hire/reject recommendations, and do not recognise emotions or assess personality. The talent pool can show, for earlier candidates, a match percentage: the share of a vacancy's competency areas for which the CV contains at least one matching term. It is calculated automatically from keywords, does not measure suitability, and the list is ordered by date added unless a User chooses to sort it by that percentage. The recruiter chat assistant is instructed not to give scores, rankings, comparisons between candidates or hire/reject advice; because it is an AI model it can still produce such text, which Users disregard. Every decision about a candidate is taken by a person at the Customer.

3.3 AI output can contain errors or omissions. Omniteam does not warrant that it is complete or correct. The Customer checks it against the sources before relying on it.

3.4 Omniteam may improve and change the Service. It informs paying Customers at least 30 days before a change that materially reduces the functions of their Plan or materially changes what the AI functions do. A paying Customer that does not accept such a change may end its Plan with effect from the date of the change and receives a pro rata refund of fees paid in advance for the period after that date.

3.5 Plan features described as unlimited are subject to fair use: use that is normal for the Customer's recruitment and does not burden the Service or other customers unreasonably.

3.6 If the Customer connects its own AI assistant (for example ChatGPT or Claude) to the Service through an Omniteam connector, the data it retrieves there is disclosed on the Customer's instruction to a provider it chose. That provider is not Omniteam's sub-processor.

4. Accounts and Users

4.1 The Customer provides correct account details and keeps them up to date.

4.2 The Customer keeps User credentials confidential, gives access only to people who need it for its recruitment, removes access for Users who leave, and is responsible for the use of its account by its Users.

4.3 The Customer informs Omniteam without delay at [email protected] if it suspects unauthorised use of its account.

5. Free Plan

5.1 New accounts can start with the Free Plan: a trial of 14 days without a credit card, with the usage limits shown on the Plans page.

5.2 The Free Plan is provided for testing and evaluation for a limited period, as it is, without service levels or support commitments. Omniteam may change or end the Free Plan offer at any time; an account already on the Free Plan keeps it until its 14 days end.

5.3 When the 14 days end, access to the Service is blocked until the Customer chooses a paid Plan. If the Customer does not choose a paid Plan within 90 days after the Free Plan ends, Omniteam may delete the account and the Customer Data as set out in the DPA, after reminding the account owner by e-mail at least 14 days before. Until then the Customer can ask at [email protected] for an export or for earlier deletion.

5.4 The DPA applies to the Free Plan in the same way as to paid Plans.

6. Paid Plans, fees and payment

6.1 The fees are those shown on the Plans page or in the checkout when the Customer chooses a paid Plan. All amounts are in euro and exclude VAT, which is added where it applies.

6.2 Fees are charged in advance for each billing period (monthly or yearly, as chosen) through Omniteam's payment provider. A paid Plan renews automatically for the same billing period unless the Customer cancels it before the end of the current period. The Customer can cancel in the Service at any time; the Plan then ends at the end of the current billing period.

6.3 Fees already paid are not refunded, except: (a) when the Customer ends its Plan because of a change under clause 3.4; (b) when it ends its Plan after objecting to a new sub-processor under the DPA; (c) when it ends its Plan because of Omniteam's material breach under clause 15.3(a); and (d) when Omniteam ends a Plan under clause 15.4. In those cases Omniteam refunds pro rata the fees paid in advance for the period after the end. If the Customer ends a yearly Plan early by switching to another provider (clause 12), fees for the rest of the paid year are not refunded; this is an early termination penalty within the meaning of the EU Data Act.

6.4 Omniteam may change the fees with effect from the next renewal, with at least 30 days' notice by e-mail. If the Customer does not accept the change, it can cancel before the renewal.

6.5 If a payment fails, Omniteam informs the Customer and may suspend access after 14 days if the payment is still not made. Statutory commercial interest (article 6:119a Dutch Civil Code) is due on late payment.

7. Customer responsibilities

7.1 The Customer uses the Service in line with the law, including data protection, equal treatment and employment law, and with these Terms.

7.2 As controller of candidate data and as deployer of the AI functions, the Customer: (a) informs candidates and its own staff about the use of the Service, using the texts in Omniteam's AI information for customers at omniteam.ai/en/ai-information or its own; (b) makes sure it may record and transcribe an interview and has informed the participants beforehand; (c) obtains any approval of its works council required under the law that applies to it; (d) makes sure that a person with sufficient knowledge reviews AI output before it is relied on; (e) sets the retention period for interview data in the Service settings under the law that applies to it; (f) offers a candidate an adjusted format or an interview with a person on request; and (g) decides which candidates it keeps in its talent pool, makes sure it has a lawful basis for this and informs those candidates, and removes them when that basis ends.

7.3 The Customer does not: (a) upload criminal records, citizen service numbers (BSN) or copies of identity documents; (b) use the Service to ask candidates about their current or past pay; (c) use the Service to make decisions about candidates without human review, to recognise emotions or to assess personality; (d) try to access other customers' data, test the Service's security without Omniteam's written consent, or overload it; (e) copy, resell or reverse-engineer the Service, except where the law allows; or (f) use the Service to build a competing product.

8. Availability, support and suspension

8.1 Omniteam makes reasonable efforts to keep the Service available, except for planned maintenance, which it schedules outside Dutch business hours where possible. Omniteam does not guarantee that the Service will be uninterrupted or free of errors. No service levels or service credits apply.

8.2 Support is given by e-mail at [email protected] on Dutch business days. Response times stated on the website are targets, not guaranteed service levels.

8.3 Omniteam may suspend access only where needed to prevent serious harm to the Service, other customers or personal data, in case of a serious breach of clause 7.2 or 7.3, in case of non-payment under clause 6.5, or where the law requires it. It limits the suspension to what is necessary and informs the Customer promptly.

9. Customer Data and intellectual property

9.1 The Customer keeps all rights in Customer Data. Omniteam uses Customer Data only to provide the Service and as set out in the DPA. Customer personal data is never used to train, fine-tune or evaluate any AI model, Omniteam's or anyone else's. Omniteam may use aggregated statistics about the use of the Service that contain no personal data or Customer Data to maintain and improve the Service.

9.2 Omniteam and its licensors keep all rights in the Service, the software and the documentation. The Customer receives a non-exclusive, non-transferable right to use the Service for its own recruitment for the duration of its Plan.

9.3 Omniteam may use suggestions for improvement that the Customer gives voluntarily, provided they contain no Customer Data.

10. Data protection

10.1 For personal data in Customer Data (such as candidate data), the Customer is controller and Omniteam is processor. The DPA applies automatically from the moment the Customer uses the Service and forms part of these Terms. A Customer that needs a signed copy can ask [email protected].

10.2 For personal data Omniteam processes for its own purposes, such as Users' account details, billing and support, Omniteam is controller, as described in its Privacy Policy at omniteam.ai/en/privacy-policy.

11. Confidentiality

11.1 Each party keeps confidential the information it receives from the other party that is marked as confidential or that it should reasonably understand to be confidential, and uses it only for the Service.

11.2 This does not apply to information that is public, that the receiving party already had or developed independently, or that it must disclose by law or by order of a court or authority, in which case it informs the other party where allowed.

12. Data export, switching and deletion

12.1 The Customer can delete Customer Data in the Service at any time. During a paid Plan and in the retrieval period in clause 12.4, the Customer can ask Omniteam at [email protected] for an export of its Customer Data in a structured, commonly used, machine-readable format (JSON or CSV, with media files in their original format, and a description of the data structure). Omniteam provides the export by secure download link within 30 days of the request. Omniteam includes a description of the data structures and formats with each export.

12.2 Switching to another provider (EU Data Act). The Customer may at any time ask, with at most two months' notice, to switch to another data processing service or to its own systems, or to have its exportable data deleted. Omniteam then (a) supports the switch with reasonable effort, (b) completes it within a transitional period of at most 30 calendar days from the end of the notice period; if that is technically unfeasible, Omniteam informs the Customer within 14 working days of the request, with reasons, and proposes an alternative period of at most 7 months, (c) lets the Customer extend the transitional period once by a period it considers more appropriate, and (d) keeps the data available for retrieval for at least 30 calendar days after the transitional period. The Plan ends when the switch is completed or, if the Customer asked only for deletion, at the end of the notice period. Omniteam charges no switching charges as defined in the EU Data Act; clause 6.3 on fees for the rest of a paid yearly Plan still applies.

12.3 Omniteam does not charge for export or deletion.

12.4 Retrieval period: when a paid Plan ends for any other reason, the Customer can ask for an export within 30 days after the end. An export asked for in time is delivered before deletion. Omniteam then deletes the Customer Data as set out in the DPA, unless the law requires storage. For the Free Plan, clause 5.3 applies.

13. Liability

13.1 Each party's total liability under these Terms and the DPA, including liability arising from a personal data breach, is limited to the higher of (a) the fees the Customer paid or must pay for the Service for the 12 months before the event that caused the damage and (b) € 2,500. For a Customer on the Free Plan only, Omniteam's total liability is limited to € 500.

13.2 Neither party is liable for indirect damage, including lost profit, lost savings and damage from business interruption. Loss or corruption of Customer Data caused by Omniteam is not indirect damage.

13.3 The limits in this clause do not apply to damage caused by intent or deliberate recklessness of a party or its management, to the Customer's obligation to pay the fees, or to the Customer's liability for claims of third parties, including data subjects and supervisory authorities, caused by its breach of clause 7.2 or 7.3 or of its obligations as controller under the DPA.

13.4 A claim for damages lapses unless the injured party reports it in writing within 12 months after it discovered, or should reasonably have discovered, the damage.

13.5 Fines imposed on a party by a supervisory authority remain with that party. Recourse between the parties under article 82(5) GDPR is subject to the limits in this clause, except as set out in clause 13.3.

14. Force majeure

A party is not in breach to the extent it cannot perform because of circumstances beyond its reasonable control. A failure of a sub-processor counts only if Omniteam took reasonable care in choosing and managing it. If force majeure lasts longer than 60 days, either party may end the Plan in writing without liability.

15. Term and termination

15.1 These Terms apply from acceptance until the Customer's account is closed and the period in clause 12 has ended.

15.2 The Customer can close its account at any time in the Service or by e-mail to [email protected]. Clause 6.2 applies to fees for the current billing period.

15.3 Either party may end the Plan in writing with immediate effect if the other party (a) materially breaches these Terms and does not remedy the breach within 30 days of a written notice describing it, or (b) is declared bankrupt or granted a suspension of payments.

15.4 Omniteam may end a paid Plan at the end of a billing period with at least 60 days' notice by e-mail, or stop offering the Service with at least 3 months' notice.

15.5 The Customer may end a Plan only as set out in these Terms; article 7:408(1) Dutch Civil Code does not apply. Ending a Plan does not affect fees for the Service already provided and does not oblige either party to undo performance already given.

15.6 Clauses 9, 11, 12, 13 and 17, and the DPA for as long as Omniteam holds Customer Data, continue to apply after the Plan ends.

16. Changes to these Terms

16.1 Omniteam may change these Terms. It informs Customers by e-mail at least 30 days before a change takes effect, unless the change is required by law sooner.

16.2 For a paying Customer, a change that is to its disadvantage takes effect at the start of its next billing period. If it does not accept the change, it can cancel before then. The date at the top of these Terms shows the current version.

17. General

17.1 Notices are given by e-mail: to the Customer at the e-mail address of its account owner, and to Omniteam at [email protected].

17.2 Neither party may transfer its rights and obligations under these Terms without the other party's written consent, which is not refused without good reason. Omniteam may transfer them as part of a transfer of its business if it informs the Customer in advance.

17.3 If a provision is invalid, the rest of these Terms remains in force and the parties replace the invalid provision with a valid one that comes as close as possible to its purpose.

17.4 These Terms are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The District Court of Amsterdam (rechtbank Amsterdam) has exclusive jurisdiction.

17.5 These Terms are written in English. Translations are for convenience; the English text prevails.