Use of the Services and User Content 

Our Services are intended to be used by employers and their legal representatives, employees and consultants (“Users”), for managing HR related matters, such as onboarding, offboarding, absence tracking, employee meetings and other HR related administrative tasks (all together referred to as the Services). 

Users may not use the Services for any illegal purpose, or in any way that violates this Agreement. You are responsible for all activities, actions, omissions and content provided by any Users when using the Services. 

When using the Services, please ensure that all Users respect the rights of others, including any intellectual property, privacy or other rights of third parties who may have an interest in or right in connection with the content being uploaded.

We expect Users not to: 

• publish, post or - in any other way express - any material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful;

• copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute the Services, any part thereof or any material or information that you receive, or are granted access to, from us,

• monitor the Services’ availability, performance or functionality for any competitive purpose or purpose beyond the intended purpose of the Services. For example,you agree not to access the Services for the purpose of developing or operating a competitive product or service or copying the Services’ features or user interface, or

• violate the restrictions on the Services, work around, bypass or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
  
  

User Accounts

Users may access the Services by creating a User-specific account (“User Account”) by filling in the required information upon sign up. You, as the company registering for the Services as well as any User, are responsible for providing us with complete and accurate information when creating a User Account or Company Account. We have the right to restrict access to the Services if we identify that you or any User provide us with inaccurate, incomplete or untrue information.

You are responsible for ensuring that the information provided to us is up to date and you need to follow standard security procedures for keeping your password information safe and secure. 

Fees and Payment

You will be offered to try our Services during an initial trial period, as detailed on our website (“Trial Period”) free of charge. When you sign up via an Order Form, the Service is provided on an annual basis for an amount as outlined in the Order Form (“Subscription Fee”).

Invoices will be sent yearly in advance to the details as referred to in the Order Form, and in accordance with the payment details as provided in the Order Form. 

In addition to invoicing, we offer credit card payments.

For credit card payments, it's important to provide accurate and valid credit card information. Please note that these payments are processed through a third-party payment provider and are subject to their respective terms and conditions.

Each party is responsible for the fees and other charges their bank or other electronic transfer system may add to the payment of the Subscription Fee.

The Subscription Fee in the Order Form do not include Value Added Tax (VAT) or any other applicable taxes. The Customer is responsible for making payments without withholding or deducting any taxes, unless required by mandatory law. If such withholding or deduction is required, the Customer must pay Teamtailor an additional amount to ensure that Teamtailor received the full payment it would have received without any withholding or deduction. 

Regardless of the payment method you choose, we require payments to be made within the specified timeframe.

Please note that overdue credit card payments as well as overdue invoice payments may both incur these late payment charges and interest, any late payment interest shall be based on the National Bank of Sweden’s reference rate with an addition of eight (8) percentage points. 

We reserve the right to change the Fees at any time if you increase in number of Users, and/or in connection with a Renewal Period. If we change the Fees we will provide you with prior notice in accordance with the section Changes to the Service relating to material changes. 

If the Customer does not agree with the adjustment, either party may choose not to renew the Agreement.

Customer Service

We offer customer support services during normal business hours, and are happy to help you and Users if you have any questions or complaints relating to our Service. Contact us here: https://help.aboardhr.com/en/

Personal data & data privacy 

We take your and your Users’ privacy and security seriously, and are committed to protect your personal data in accordance with applicable laws and regulations. 

When you sign up for and use the Services, we collect and use a limited amount of personal data about you and about your Users as so-called data controllers under the GDPR, meaning that we decide the purposes and means of the processing.

Our Privacy Notice contains information about the different purposes for which we use this personal data, the personal data that is collected for each purpose, what rights the affected individuals have in relation to our use of their personal data, etc. 

By entering into this Agreement you agree to inform your representatives of the fact that this processing of their personal data will take place, and to refer each User to our Privacy Notice before their respective use of the Services begins. 

All other processing of Customer Personal Data (as defined in Appendix 1 of the data processing agreement (“DPA”)) will be performed as described in the DPA, which forms an integral part of this Agreement.

Intellectual Property

All copyrights, trademarks, trade names, logos and other intellectual property rights held and used by us, as part of the Services (including graphics, icons, scrips, source codes etc), are our property or our third party licensors’ property. It may not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our consent, other than to the extent that is necessary for you to be able to use the Services as described in this Agreement. 

The Services and other information, including associated intellectual property rights, provided and made available by us, remain our exclusive property. You or your Users may not use the property for commercial purposes or any other purpose without our prior written consent. 

For any content added by you or your Users to the Service, you warrant that you own or have the right to use  such property.

Licence

We hereby grant you a non-exclusive right and licence to use the Service for the sole purpose of us providing you the Services. Upon expiry or termination of these Terms, all rights and licences will end.

Service Levels 

We will use all commercially reasonable efforts to provide you the Services continuously. However, we cannot guarantee that the Services will be free from interruptions, delays or errors caused by our systems or other third party service providers, general internet disruptions or force majeure events. 

From time to time, we may perform maintenance and upgrades to the Services, which may result in interruptions, delays or errors in the Services. We will use commercially reasonable efforts to notify you in advance of any planned maintenance, but we cannot guarantee that such notifications will always be provided. We will also try to ensure that such maintenance is scheduled outside of normal business hours. We recommend you to subscribe to https://status.aboardhr.com/ for any service level updates.

Disclaimer and warranties

​​Except as expressly provided for in these Terms, the Services and all related components and information are provided on an "as is" and "as available" basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. You acknowledge that we do not warrant the Services will be uninterrupted, timely, secure or error-free.

Limitation of liability

In no event will we, our subsidiaries, affiliates or any respective officers, employees, directors, agents or partners be liable for:

• Loss of contracts; 

• Loss of goodwill or reputation; 

• Loss of profit, loss of revenue or loss of anticipated business or earnings; or 

• Any other indirect, consequential or special losses, damages or liabilities, arising out of or in connection with your or Users use of our Services, or obligation under these Terms. 

Our total liability to you for all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total sums paid by you for the Services during the period of 12 months preceding the claim. We have no liability if you use the Services during a trial period or otherwise free of charge.

Nothing in these Terms will limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, for death or personal injury resulting from our negligence or to the extent such limitations or exclusions are not permitted by applicable law.

Indemnification 

You agree to defend, indemnify, and hold us and our respective directors, agents, affiliates and representatives harmless from and against any claim (including all third-party claims), and expense (including without limitation reasonable attorneys’ fees) arising out of or relating to: (a) any actual or alleged breach by you of any provision of this Agreement, (b) your or Users wrongful or improper use of the Services, (c) your or Users violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (d) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions, (e) your or Users’ violation of any applicable law, rule or regulation of your specific jurisdiction, and (f) errors made by you or Users in providing information or instructions to us, whether through your Account or any other means of communication.

Confidentiality 

We understand the importance of confidentiality in business matters. 

As used in this Agreement, “Confidential Information” means any information that is proprietary or confidential to the disclosing party or that the disclosing party needs to keep confidential, e.g under an obligation towards a third party. Confidential Information may be of a technical, business or other nature. However, Confidential Information does not include any information that: (i) was known to the receiving party before receiving the same from the disclosing party in connection with this Agreement; (ii) is independently developed by the receiving party; (iii) is acquired by the receiving party from another source without restriction as to use or disclosure; or (iv) is or becomes part of the public domain through no fault or action of the receiving party. 

Any Confidential Information that you provide to us  or that we provide to you, including but not limited to trade secrets, proprietary information will be treated as confidential. The recipient will not disclose, share or otherwise make available Confidential Information to any third party, without the express written consent of the disclosing party, except for when required by law. You hereby consent to our disclosure of your Confidential Information to the sub processors used in the provision of the Services, as described in the DPA.  Both parties shall take all reasonable measures to protect the confidential information from unauthorised access or disclosure.  

The confidentiality undertaking as described above will remain in force three (3) years after the termination of the Agreement.

Third Party Services 

Our Services may be integrated with other third-party technologies and services (“Third-Party Services”). In case you integrate towards such Third-Party Services, as available from time to time, you expressly instruct us to share data with and give access to such third-party. You are responsible  for any access or use of the Third-Party Services and any use of such Third-Party Service is subject to the terms and conditions between you and such third party. 

We are not responsible or liable to you or any third party service provider with respect to the functionality or availability of any Third-Party Service or any data obtained through the use of any Third-Party Services. We make no representation or warranty with respect to any integration with a Third-Party Service or any data obtained through a Third-Part Service. 

Modifications to these Terms or the Service

Changes to the Service 

We have the right to change, add or discontinue any feature related to the Services at any time. For changes that, in our reasonable opinion,  may affect you negatively, or changes that we otherwise consider material, we will give you notice of the change, with the change taking effect fourteen (14) calendar days after the notice (“Change Date”) 

For all other changes, the change will be made without providing you with prior notice and will be effective immediately. 

Changes to the Agreement

We reserve the right to modify these Terms at any time, without notice. Your continued use of the Services after such changes will constitute your acceptance of the modified Terms. 

For any material changes to Agreement, we will provide you with fourteen (14) days prior notice by providing information about the changes on the Terms Update Page. Similar to changes to the Service, the Change Date will be taking effect fourteen (14) days after the notice.

For all other changes, the change will be made without providing you with prior notice and will be effective immediately.

Objections to changes to the Agreement or Service

You can object to the material change by sending an email to legal@teamtailor.com, stating that you object, and the reason(s) for objecting. Teamtailor will assess whether we can reasonably satisfy the objection, for example by taking any steps that you request. If we aren’t able to solve the issue, the change will take effect, and either Party can, for a period of fourteen (14) calendar days after the Change Date, terminate the Agreement without any cost, penalty or liability. 

Term and termination 

This Agreement shall be effective as of the date when you enter into this Agreement for a Trial Period and/or when you sign an Order Form governed by these terms and conditions. 

This Agreement shall be valid as long as you are using the Services for trial or for the period as detailed in the Order Form (“Initial Contract Period”). The Agreement will be automatically renewed for successive periods of twelve (12) months each, known as “Renewal Period”, unless either party notifies the other party in writing of their intention not to renew the Agreement.

Each party has the right to choose not to renew the Agreement by providing written notice to the other party no less than one (1) month prior to the expiration of the current contract period. If neither party terminates the Agreement, it will continue to be valid for the upcoming Renewal Period. 

If you terminate this Agreement prior to the end of the subscription term, you will not be entitled to any refund of any fees paid.

We reserve the right to immediately terminate these Terms or limit access to the Services if you or any User:

• breach or otherwise violate any provision of these Terms; 

• use the Service in violation of applicable laws; 

• do not pay in accordance with the Fees and Payment section;

If any of the above scenarios occur, we may contact you and request that you remedy your breach of this Agreement before terminating or limiting the Services.

Termination under this section shall be made in writing, to you by sending an email to the contact details provided when creating a Company Account.

Upon termination, your and Users' right to access the Services will be revoked. Regarding returning or erasure of Customer Personal Data, see more details in the DPA.

Force Majeure 

We are not responsible for delays and defects outside our control. If we or our suppliers are delayed by an event outside our control,  we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event.

Governing Law

These Terms will be governed by and construed in accordance with the laws of Sweden, without giving effect to any choice of law or conflict of law provisions. Any dispute, controversy or claim arising out of or in connection with these Terms shall be settled by public courts in Sweden.

Assignment 

You may not assign, transfer or delegate any rights or obligations under this Agreement without our written consent.

Entire Agreement 

This Agreement constitutes the entire agreement between the parties, and supersedes all prior or contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, relating to the subject matter of this Agreement. Any modifications or amendments to this Agreement must be in writing.