These terms and conditions apply to all offers, agreements and services provided by AIcruiters, based in [registered office location], registered with the Dutch Chamber of Commerce (KvK) under number [KvK number], hereinafter: AIcruiters. Filed and available via aicruiters.com. AIcruiters provides software as a service for automated recruitment and sourcing.
1. Definitions
AIcruiters — the company named in the preamble, user of these terms.
Client — the legal entity or business that enters into, or negotiates, an Agreement with AIcruiters. These terms do not apply to consumers.
Service — the platform made available by AIcruiters over the internet for the automated search, assessment and approach of candidates, including the related agents, integrations, setup and support.
Agreement — any arrangement between AIcruiters and the Client regarding the provision of the Service, including a quotation, proposal, order confirmation and these terms.
Pilot — a pre-agreed trial period with a fixed duration and a one-off fee, intended to assess the Service in practice.
Subscription — the right to use the Service for an agreed term in exchange for a recurring fee.
Output — all results generated by the Service, including candidate lists, assessments, scores, supporting rationale and draft messages.
User — a natural person authorised by the Client who has access to the Service.
Third-Party Platforms — services of third parties that the Service uses or connects with, including LinkedIn (Recruiter), email and ATS systems, and language-model providers.
2. Applicability
2.1 These terms apply to all offers, quotations, proposals, agreements and deliveries by AIcruiters, including follow-up assignments and renewals.
2.2 Purchasing, tender or other terms of the Client are expressly rejected and do not apply, even if AIcruiters does not separately object to them.
2.3 Deviations from these terms apply only insofar as agreed in writing and only for the Agreement concerned.
2.4 In the event of conflict, the following order of precedence applies: (a) a written deviating agreement, (b) the proposal or order confirmation, (c) any data processing agreement, (d) these terms.
2.5 If a provision is void or voidable, the remaining provisions remain in force and the parties replace the provision concerned with a valid provision that most closely matches its purpose.
3. Formation of the Agreement
3.1 All offers and proposals from AIcruiters are without obligation and valid for thirty (30) days, unless stated otherwise.
3.2 The Agreement is formed when the Client signs the proposal, through written or electronic acceptance, or when AIcruiters starts performance at the Client's request.
3.3 Manifest errors and clerical mistakes in offers do not bind AIcruiters.
4. Right of use
4.1 AIcruiters grants the Client, for the duration of the Agreement, a non-exclusive, non-transferable and non-sublicensable right to use the Service for the Client's own recruitment activities.
4.2 The Service is provided remotely as a service. No software is delivered or transferred to the Client and no right to the source code arises.
4.3 The Client may not use the Service on behalf of third parties, resell it, rent it out, or deploy it as part of its own service to third parties, unless otherwise agreed in writing.
4.4 The Client is not permitted to decompile, reverse engineer, copy or automatically extract the Service, or use it to develop, train or improve a competing product.
4.5 The agreed number of Users, accounts, projects or vacancies is binding. In the event of an overage, AIcruiters is entitled to charge the excess use at the rates then in effect.
4.6 Login credentials are personal. The Client is responsible for their careful management and for all use that takes place through its accounts.
5. Pilot
5.1 A Pilot has the duration stated in the proposal and ends automatically thereafter, without notice of termination being required and without giving rise to any right to continuation.
5.2 The fee for the Pilot is a one-off fee, due at the start. This fee is not refunded if the Client decides not to continue, or does not use the Service or uses it only to a limited extent, during the Pilot.
5.3 During the Pilot, AIcruiters sets up the Service and aligns search profiles and messages with the Client. The Client ensures timely delivery of accounts, vacancies, access and feedback. Delay on the Client's part does not extend the Pilot.
5.4 Continuation after the Pilot only takes place on the basis of a new written assignment or signed proposal.
6. Performance and availability
6.1 AIcruiters performs the Agreement to the best of its ability and on a best-efforts basis. AIcruiters does not guarantee any particular result, including explicitly not a number of candidates, responses, conversations, placements or savings.
6.2 AIcruiters uses reasonable efforts to keep the Service available as uninterruptedly as possible, but does not guarantee uninterrupted availability, unless a service level has been agreed in writing.
6.3 AIcruiters may temporarily take the Service out of service for maintenance, adjustments or improvements. AIcruiters aims to do this outside office hours and to inform the Client in good time in the event of significant planned maintenance.
6.4 AIcruiters may further develop the Service and change its functionality, design and underlying technology. In the event of a change that materially and permanently limits the core functionality for the Client, AIcruiters informs the Client in advance and the Client may terminate the Agreement as of the date the change takes effect.
6.5 Stated timelines for setup and delivery are indicative and not strict deadlines.
6.6 AIcruiters may engage third parties in performing the Agreement.
7. Client's obligations
7.1 The Client provides in good time all information, access, accounts and cooperation that AIcruiters reasonably needs, including access to the Client's own licences and accounts with Third-Party Platforms.
7.2 The Client holds its own valid licences, seats and subscriptions with Third-Party Platforms and bears the costs of these. The Service uses these licences of the Client.
7.3 The Client is responsible for complying with the terms of use of the Third-Party Platforms and indemnifies AIcruiters against claims, blocks, fines or damage arising from use of the Service through the Client's accounts.
7.4 The Client uses the Service exclusively for legitimate recruitment purposes and, in doing so, acts in accordance with applicable laws and regulations, including legislation on equal treatment, non-discrimination in recruitment and selection, unsolicited communication and data protection.
7.5 The Client refrains from any use that could cause damage to the Service, to AIcruiters or to third parties, including excessive load, misleading or unlawful messages, and approaching people who have objected to being approached.
7.6 The Client is responsible for the content of messages sent by or on its behalf and for the recruitment decisions it makes based on the Service.
8. Output, AI and human review
8.1 The Service uses automated and AI-based techniques. Output is by its nature indicative and may be incomplete or incorrect.
8.2 Output is intended as a tool to support human decision-making. The Client reviews Output before acting on it and does not make any recruitment or selection decision based solely on automated processing.
8.3 AIcruiters does not guarantee that Output is accurate, up to date, complete or free of bias, and is not liable for decisions the Client makes based on Output.
8.4 The Client remains responsible for the end result of its recruitment process, including communication with candidates.
8.5 AIcruiters does not use the Client's data to train models for third parties, unless express written consent has been given for this.
9. Third-Party Platforms
9.1 The Service depends on Third-Party Platforms. Their use is subject to the terms of those third parties.
9.2 AIcruiters has no influence on the availability, functionality, pricing, terms or access restrictions of Third-Party Platforms and is not liable for changes, outages, blocks or termination of these.
9.3 If a Third-Party Platform changes or falls away and, as a result, the Service can no longer be provided in whole or in part in the same way, the parties will consult on an alternative. If this does not produce a reasonable solution within thirty (30) days, either party may terminate the Agreement in writing as of the end of the current month, without any right to damages arising.
10. Prices and payment
10.1 All prices are in euros and exclusive of VAT and other levies, unless stated otherwise.
10.2 Subscription fees are invoiced in advance, per the agreed period. One-off fees for setup or a Pilot are invoiced at the start.
10.3 The payment term is fourteen (14) days from the invoice date. Payment is made without discount, suspension or set-off.
10.4 In the event of late payment, the Client is in default without notice of default being required and owes: the statutory commercial interest rate under Section 6:119a of the Dutch Civil Code (BW) and extrajudicial collection costs of 15% of the outstanding amount, with a minimum of €250.
10.5 In the event of default, AIcruiters may, after a reminder with a term of seven (7) days, suspend access to the Service. Suspension does not affect the payment obligation.
10.6 AIcruiters may adjust its rates annually as of 1 January based on the Statistics Netherlands (CBS) consumer price index (all households), increased by no more than 5%. Such an adjustment does not give rise to a right of interim termination.
10.7 AIcruiters announces other price changes at least two (2) months before they take effect. If AIcruiters increases the price on this basis by more than 10%, the Client may terminate the Agreement in writing as of the effective date of the increase.
10.8 Costs of Third-Party Platforms, licences and seats are not included in the fee and are for the Client's account.
11. Term, renewal and termination
11.1 The Subscription starts on the agreed start date and is entered into for the term stated in the proposal. If no term is stated, a term of twelve (12) months applies.
11.2 After the term ends, the Subscription is automatically renewed each time for the same period, unless the Client cancels the Subscription in writing or by email no later than one (1) month before the end of the current term.
11.3 Termination by AIcruiters likewise takes effect at the end of the current term, subject to a notice period of one (1) month.
11.4 Interim termination of a Subscription is not possible. In the event of early termination at the Client's request, the fee for the remaining term remains due.
11.5 A notice of termination is only valid once AIcruiters has confirmed receipt of it.
11.6 After the Agreement ends, the right of use lapses and access to the Service is terminated. The Client may, up to thirty (30) days after the end of the Agreement, request an export of its data in a common format; after that, AIcruiters may delete this data.
12. Suspension and dissolution
12.1 AIcruiters may dissolve the Agreement in whole or in part in writing with immediate effect, without notice of default and without being liable for damages, if the Client is in default, if the Service is being misused, or in the event of the Client's bankruptcy, suspension of payments, seizure, or cessation of its business.
12.2 AIcruiters may suspend the Service with immediate effect if the Client's use poses a risk to the security or integrity of the Service, to third parties, or to the relationship with a Third-Party Platform.
12.3 Upon dissolution, all of AIcruiters' claims become immediately due and payable. Amounts already invoiced are not refunded.
13. Intellectual property
13.1 All intellectual property rights in the Service, the underlying software, agents, prompts, models, documentation, methodologies and design vest exclusively in AIcruiters or its licensors.
13.2 The Client obtains only the rights of use set out in Article 4. Nothing in the Agreement constitutes a transfer of intellectual property rights.
13.3 Data that the Client enters into the Service remains the Client's property. The Client grants AIcruiters the right to use this data insofar as necessary for the provision of the Service.
13.4 AIcruiters may use anonymised and aggregated usage data for analysis, security and improvement of the Service, provided this data cannot be traced back to the Client or to individuals.
13.5 Improvements, adjustments and custom work that AIcruiters develops in connection with the Service accrue to AIcruiters, even if these were created at the Client's request, unless otherwise agreed in writing.
13.6 In the event of infringement of this article, the Client forfeits an immediately payable penalty of €25,000 per violation, increased by €1,000 for each day the violation continues, without prejudice to the right to full compensation.
14. Confidentiality
14.1 The parties treat all information they receive from each other that is confidential in nature or has been marked as confidential as strictly confidential and use it only for the performance of the Agreement.
14.2 The obligation does not apply to information that was already public, that was lawfully obtained from a third party, or that must be disclosed under law or regulation.
14.3 This obligation remains in force for three (3) years after the end of the Agreement.
14.4 AIcruiters may use the Client's name and logo as a reference, unless the Client objects to this in writing.
15. Personal data
15.1 In the performance of the Service, personal data of candidates and Users is processed. In this respect, the Client is the controller and AIcruiters the processor within the meaning of the GDPR.
15.2 The parties enter into a data processing agreement in which the processing, the security measures, the retention periods and the sub-processors are set out. In the event of conflict, this data processing agreement prevails over these terms.
15.3 The Client warrants that it has a valid legal basis for the processing, that candidates are informed in accordance with the GDPR, and that requests from data subjects are handled by the Client. AIcruiters provides reasonable cooperation in this regard.
15.4 The Client indemnifies AIcruiters against claims from data subjects or supervisory authorities arising from processing carried out on the Client's instructions or in breach of this article.
15.5 AIcruiters takes appropriate technical and organisational measures to secure the data. See also our security page.
16. Liability
16.1 AIcruiters' total liability, on whatever grounds, is limited per event or series of related events to the amount that the Client has paid to AIcruiters under the Agreement in the twelve (12) months preceding the event causing the damage, with a maximum of €10,000 per calendar year.
16.2 AIcruiters is never liable for indirect damage, including consequential damage, loss of profit, missed savings, lost candidates or placements, reputational damage, loss of data, damage caused by blocking or termination of accounts with Third-Party Platforms, and damage caused by administrative fines.
16.3 The limitations in this article do not apply in the event of intent or wilful recklessness on the part of AIcruiters' management.
16.4 Liability only arises after the Client has given AIcruiters prompt written notice of default, allowing a reasonable period to remedy the default, and AIcruiters still fails to perform thereafter.
16.5 Any claim by the Client lapses if it is not submitted to AIcruiters in writing within twelve (12) months after it arose.
16.6 The Client indemnifies AIcruiters against claims from third parties, including candidates and Third-Party Platforms, related to the Client's use of the Service.
17. Force majeure
17.1 AIcruiters is not obliged to perform in the event of force majeure. This includes in any case disruptions to internet, hosting or telecommunications, cyberattacks, power outages, government measures, strikes, and shortcomings, changes or termination of services of Third-Party Platforms and suppliers.
17.2 If the force majeure lasts longer than sixty (60) days, either party may dissolve the Agreement in writing without being liable for damages. Payment remains due for performance already delivered.
18. Amendment of the terms
18.1 AIcruiters may amend these terms. Changes are communicated to the Client at least thirty (30) days before they take effect.
18.2 If a change is reasonably objectionable to the Client, the Client may terminate the Agreement in writing within thirty (30) days of the notification, as of the effective date. Failing that, the amended terms apply.
19. Miscellaneous provisions
19.1 The Client may not transfer rights and obligations under the Agreement to a third party without AIcruiters' prior written consent. AIcruiters may do so, for example in the event of a reorganisation or acquisition, and informs the Client of this.
19.2 During the Agreement and for twelve (12) months thereafter, the parties refrain from hiring, or otherwise engaging, employees of the other party who are involved in the performance, except with written consent.
19.3 Provisions that by their nature are intended to survive the end of the Agreement, including the articles on intellectual property, confidentiality, personal data and liability, remain in force.
19.4 Communication by email is treated between the parties as being in writing.
20. Governing law and disputes
20.1 These agreements and these terms are governed exclusively by Dutch law. The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.
20.2 Disputes are submitted at first instance exclusively to the competent court of the district court of [district], unless mandatory law provides otherwise.
20.3 The parties will first consult with each other to resolve a dispute amicably before submitting it to the court.
Questions about these terms? Get in touch with our team.