Terms & Conditions
1 ACCEPTANCE OF TERMS
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These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“Customer,” “you”) and Omniteam.ai B.V. (“Omniteam.ai,” “we,” “us,” “our”), a Dutch private company with limited liability (KvK [97929689]) having its registered office at Valeriusstraat 70 2, 1071 MN Amsterdam, the Netherlands.
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By accessing or using any websites, applications, APIs or related services that link to these Terms (collectively, the “Services”), you accept and agree to be bound by:
• these Terms;
• the Privacy Policy available at https://omniteam.ai/privacy; and
• the Data-Processing Agreement (DPA), including its Annexes, where Omniteam.ai processes Personal Data on your behalf.
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If you enter into these Terms on behalf of a legal entity, you represent that you have authority to bind that entity.
2 DEFINITIONS
Account – the account created by or for Customer to access the Services.
Agreement – these Terms plus any Order Form, the Privacy Policy and the DPA (including Annexes).
Authorised User – an individual authorised by Customer to use the Services and for whom access credentials have been issued.
Customer Content – data (including recordings, transcripts, CVs) uploaded to or generated in the Services that Omniteam.ai processes on Customer’s instructions.
Service Data – operational data Omniteam.ai collects as controller (e.g. account info, billing records, usage logs).
Subscription Term – the Initial Term stated in an Order Form and each Renewal Term.
Capitalised terms not defined here have the meanings given in the DPA or GDPR.
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3 ELIGIBILITY
The Services are designed for business use. By using the Services you represent and warrant that (i) you are at least 18 years old and (ii) neither you nor any Authorised User are located in, or ordinarily resident in, a country or territory that is subject to comprehensive EU, UN or U.S. sanctions.
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4 THE SERVICES
4.1 Scope. The Services enable employers to create jobs, schedule, record and analyse interviews using AI-powered functionality.
4.2 Licence. During the Subscription Term and subject to timely payment, Omniteam.ai grants Customer a non-exclusive, non-transferable, non-sublicensable licence to use the Services for internal business purposes up to the number of Authorised Users specified in the Order Form.
4.3 Changes. Omniteam.ai may improve or modify the Services. If a change materially reduces core functionality, Customer may terminate the affected Order Form within 30 days of notice and receive a pro-rated refund.
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5 ACCOUNT REGISTRATION & SECURITY
Customer must keep registration information accurate and ensure Authorised Users maintain credential confidentiality. Customer is responsible for all activity under its Account.
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6 FEES & PAYMENT
Fees are set out in the Order Form and payable within 30 days of invoice in euros, exclusive of VAT and other taxes. Late payment may result in suspension and 1.5 % monthly interest.
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7 FREE TRIAL
Trial Services are provided “as is” and automatically convert to a paid plan unless cancelled before the trial ends.
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8 CUSTOMER OBLIGATIONS & ACCEPTABLE USE
8.1 Compliance with Laws
Customer shall comply with all applicable laws and regulations, including data-protection, employment, anti-discrimination and intellectual-property laws.
8.2 Recording Consents
Customer is solely responsible for providing all notices and obtaining all consents required to record, store and process interview audio or video.
8.3 Acceptable Use
Customer shall not (and shall ensure Authorised Users do not):
• copy, modify, create derivative works of, reverse engineer, decompile or disassemble the Services;
• use the Services to build a competing product or service or benchmark without Omniteam.ai’s prior written consent;
• upload, post or transmit any Content that is unlawful, discriminatory, harassing, defamatory, obscene or infringing;
• interfere with or disrupt the integrity or performance of the Services or third-party data contained therein;
• perform penetration testing, vulnerability scanning or automated scraping/bot access without Omniteam.ai’s prior written consent;
• attempt to gain unauthorised access to the Services or their related systems or networks;
• remove, obscure or alter any proprietary notice or branding of Omniteam.ai or its licensors.
8.4 Suspension for Cause
Omniteam.ai may suspend access to the Services if:
(i) Customer’s use poses a security risk or may adversely impact the Services or their users;
(ii) Customer is in material breach of the Agreement; or
(iii) payment is overdue by more than fifteen (15) days.
Omniteam.ai will use commercially reasonable efforts to provide advance notice and will restore access promptly after the underlying issue is resolved.
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9 INTELLECTUAL PROPERTY & FEEDBACK
Omniteam.ai retains all rights in the Services. Customer retains all rights in Customer Content but grants Omniteam.ai the licences set out in the Privacy Policy and DPA. Feedback may be used freely by Omniteam.ai.
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10 CONFIDENTIALITY
Each party shall protect the other’s Confidential Information with at least reasonable care and use it only for the Agreement’s purposes.
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11 DATA-PROTECTION & SECURITY
11.1 Roles. For Customer Content, Customer is controller and Omniteam.ai is processor under GDPR; for Service Data, Omniteam.ai is controller.
11.2 Compliance. Both parties will comply with GDPR and other Applicable Data-Protection Laws. The DPA (incorporated by reference) governs Omniteam.ai’s processing on Customer’s behalf.
11.3 Hosting. Customer Content is stored exclusively in EU data centres (Microsoft Azure NL/IE).
11.4 Sub-Processors. Customer grants Omniteam.ai a general authorisation to engage sub-processors. Omniteam.ai will update Annex III of the DPA when a new sub-processor is added. Customer may request details and may object on reasonable data-protection grounds within 30 days after the update.
11.5 Security Measures. Omniteam.ai maintains the technical and organisational measures described in Annex II of the DPA (e.g. AES-256 encryption, MFA, 24 × 7 monitoring).
11.6 Privacy Policy. Processing of personal data where Omniteam.ai is controller is described in the Privacy Policy.
11.7 Regulated-data disclaimer. The Services are not designed to process protected health information under HIPAA, card-holder data under PCI-DSS, customer financial records under GLBA or other regulated data requiring specialised compliance. Customer must not upload such data.
12 THIRD-PARTY SERVICES
Interoperation with third-party applications is at Customer’s discretion and governed by those third parties’ terms. Omniteam.ai is not responsible for third-party services.
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13 SERVICE LEVEL & SUPPORT
Omniteam.ai targets 99.5 % monthly uptime (excluding planned maintenance and force-majeure events). Standard support: Mon–Fri, 09:00–18:00 CET via support@omniteam.ai. SLA credits are Customer’s sole remedy.
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14 TERM & TERMINATION
14.1 Term. The Agreement continues for the Subscription Term unless terminated per this section.
14.2 Termination for Cause. Either party may terminate for material breach not cured within 30 days’ notice or upon insolvency of the other party.
14.3 Effect. Rights cease on termination; Omniteam.ai will delete or return Customer Content within 30 days unless retention is legally required. Fees are non-refundable for the remainder of any term once it has begun.
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15 WARRANTIES & DISCLAIMERS
Omniteam.ai warrants it will provide the Services with reasonable skill and care. Except as expressly stated, Services are provided “as is” and Omniteam.ai disclaims all other warranties, express or implied, including fitness for a particular purpose. Without limiting the foregoing, Customer acknowledges that the Services are not certified for HIPAA, PCI-DSS, GLBA or comparable regimes.
16 INDEMNITIES
16.1 Omniteam.ai will defend Customer against EU/Dutch IP-infringement claims caused by the Services and pay damages awarded, subject to customary conditions.
16.2 Customer will indemnify Omniteam.ai for claims arising from Customer Content or Customer’s misuse of the Services.
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17 LIMITATION OF LIABILITY
Neither party is liable for indirect or consequential damages. Each party’s aggregate liability is limited to fees paid in the 12 months preceding the claim, except for liability that cannot be limited under Dutch law.
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18 GOVERNING LAW & JURISDICTION
Dutch law governs the Agreement. The courts of Amsterdam have exclusive jurisdiction, unless mandatory law provides otherwise.
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19 DISPUTE RESOLUTION
Senior executives shall negotiate in good faith for 30 days; failing settlement, disputes go to the courts identified in Section 18.
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20 FORCE MAJEURE
Neither party is liable for failure due to causes beyond reasonable control (e.g. natural disasters, network outages).
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21 MODIFICATIONS
21.1 Omniteam.ai may amend these Terms by posting an updated version and providing 30 days’ notice via email or in-product message. Continued use constitutes acceptance. Material changes give Customer a right to terminate affected Order Forms for a pro-rated refund.
21.2 Corrections. Omniteam.ai reserves the right to correct clerical errors, inaccuracies or omissions (including pricing and descriptive errors) in the Services or related documentation at any time without liability.
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22 MISCELLANEOUS
22.1 Assignment. Either party may assign this Agreement to an affiliate or in connection with a merger/acquisition; other assignments require consent.
22.2 Entire Agreement. The Agreement supersedes all prior agreements relating to its subject matter.
22.3 Severability. Invalid provisions will be interpreted to preserve intent; the rest remain effective.
22.4 Waiver. Waivers must be in writing and are not future waivers.
22.5 Independent Contractors. The parties are independent contractors.
22.6 Notices. Legal notices must be sent to the addresses in the Order Form (email permissible).
22.7 Electronic Communications. Customer consents to receive all agreements, notices and records electronically and agrees that electronic signatures are binding to the fullest extent permitted by law.