These Terms and Conditions (as defined below) constitute an agreement between Partner (as defined below) and Appjobs Sweden AB (reg. 559098-4711), a company incorporated under the laws of Sweden (as defined below). Appjobs provides an online platform named Sourcie, with the purpose of enabling companies to source, verify, recruit, onboard and supervise potential candidates for assignment purposes (as defined below).These Terms govern the use of Sourcie and shall apply to Partner and all users using it.
1. DEFINITIONS
“Appjobs” means Appjobs Sweden AB.
“Authorized User” means an individual using Sourcie on behalf of Partner, either as an employee of Partner or as a representative or agent.
“Candidate” means an individual registering for a potential assignment with Partner or otherwise interacts with Partner through Sourcie.
“Partner” means the company or other legal entity using Sourcie.
“Sourcie” means the online platform named Sourcie, as provided by Appjobs.
“Terms” means these Terms and Conditions, the Data Processing Addendum and the Data Sharing Agreement.
“we”, “us” and “our” means Appjobs.
“you” and “your” means Partner and its Authorized User(s).
2. ACCEPTANCE OF TERMS
2.1 Prior to using any part of Sourcie, you must have read, understood and accepted the Terms. By creating an account, you agree to strictly adhere to the Terms and to be legally bound to the Terms in relation to us.
2.2 When an Authorized User creates an account and/or uses Sourcie on behalf of Partner, Authorized User represents and warrants that it has full authority to legally bind Partner to the Terms.
2.3 If you do not agree to the Terms or any updated version of it, you may not use the Services.
2.4 You can access the latest version of these Terms at any time on the Sourcie website.
3. ACCOUNT CREATION
3.1 In order to get access to Sourcie, you need to create an account. You are responsible for providing accurate, current, and complete information in connection with your registration. You acknowledge that the account details provided by you are true and correct and that, when necessary, you will update your account details so that they remain true and correct.
3.2 You are solely responsible for maintaining the confidentiality of your login information. We shall have no responsibility for any unauthorized use of your account.
4. PROVISION OF SOURCIE AND RELATED SERVICES
4.1 Sourcie is a solution to source, verify and recruit Candidates. Partner may use the functionality and tools as available from time to time within Sourcie, for example:
a) Campaign manager tools for managing recruitment campaigns towards Candidates.
b) Candidate registration signup forms where Candidates may provide the personal information as selected by Partner.
c) Power filters allowing Partner to verify if a Candidate meets all relevant job requirements through questionnaires.
4.2 In addition to Sourcie, Appjobs provides an online platform for Candidates to view available job opportunities and receive information about the companies offering such opportunities. Appjobs may use the platform and other available channels, at Appjobs’ discretion, to promote Partner and to assist Partner in acquiring Candidates. Partner may purchase additional exposure on the platform through Sourcie as well as other services as offered by Appjobs from time to time.
4.3 Appjobs is not part of any agreement between Candidate and Partner. If Candidate signs up with Partner, Candidate is subject to Partner’s terms and conditions, privacy policy and other agreements, as applicable.
5. ID VERIFICATION TOOL
5.1 You may opt to use the ID verification tool to check if Candidate’s ID document, passport or driving license is compliant with local regulations. Further, the ID verification tool may be used to compare Candidate’s ID document with a photo uploaded by the Candidate. The use of the ID verification tool is subject to a fee per verification, as specified in Sourcie or in the applicable price list. The fee shall be paid in accordance with Section 8 below.
5.2 The ID verification tool is provided by a third party, Passbase. The third party is responsible for the provision of the ID verification tool, including responsibility for the local regulation compliance feature. You acknowledge and agree that the ID verification tool is provided by the third party – not Appjobs – and that the third-party provider’s terms and conditions and privacy policy apply for the use of the ID verification tool. Appjobs shall have no responsibility towards Partner nor its Candidates relating to your use of the ID verification tool. Partner shall indemnify and hold harmless Appjobs for any damages incurred by Appjobs relating to your use of the ID verification tool.
6. TECHNICAL INTEGRATION
6.1 Certain functionality of Sourcie may be possible to embed into Partner’s own website, for example the Candidate registration signup form. Appjobs may provide an API or other relevant technical solution to enable such technical integration. You shall assist us in enabling the technical integration and ensure that the technical integration can transmit data to Sourcie.
6.2 You may not use, copy or transfer Sourcie, or parts thereof, other than for the intended purpose under these Terms, nor may you use reverse engineering, work around any technical limitations, or otherwise attempt to change or recreate the source code or any other part of Sourcie.
7. YOUR RESPONSIBILITIES
7.1 When using Sourcie, you undertake to comply with the Terms and any applicable guidelines. Further, you may only use Sourcie in accordance with applicable law and regulation. You may not use Sourcie in a way that causes us or any third-party harm. Further, you are responsible for any content provided by you, and that such content does not violate any applicable law or regulation.
7.2 You may not use Sourcie to communicate or publish information that infringes or violates someone else’s right (copyright, trademark, or other intellectual property right), information that may violate the integrity of, intimidate or offend another person, information that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination and/or racial agitation).
7.3 You warrant that any material uploaded or provided by you is free from any third-party dependencies or third-party rights and that you have the right to grant us the license herein. Consequently, you warrant that our use of any material provided by you will not infringe any third-party intellectual property rights.
7.4 You warrant that you are not located in a country subject to a U.S. or EU embargo, or that has been designated by the U.S. or EU as a “terrorist supporting” country; and that you are not listed on any U.S. or EU list of prohibited or restricted parties.
8. FEES AND PAYMENT
8.1 Partner shall pay to Appjobs the fees and costs attributable to your use of Sourcie, as specified on the Sourcie website, unless we have agreed with you on other prices in writing. Any monthly or yearly subscription fees for use of Sourcie shall be paid in advance. Any additional purchases, such as advertisement on Appjobs’ platform for Candidates, shall be paid in conjunction with the purchase or, as available within Sourcie, at the end of the advertisement campaign period. All prices are exclusive of VAT unless otherwise explicitly stated.
8.2 Payment shall be made with the payment alternatives available through Sourcie. To enable and administer payments, we engage third-party payment solutions. For now, we use Stripe as payment provider and Chargebee for subscription management and payment automation. Additional payment solutions may be available in Sourcie from time to time. In addition to the Terms, the terms and conditions of the third party provider apply to your use of the respective service.
8.3 If agreed separately in writing, Partner may pay by invoice. Invoices will be issued monthly in advance for Sourcie subscription fees. Fees for marketing campaigns will be issued at the end of the campaign period. Invoices are issued with net thirty (30) days payment terms, unless otherwise agreed. The invoice will be delivered via email or available for download through Sourcie.
8.4 In case of late payment, Appjobs shall be entitled to interest in accordance with Swedish law (räntelagen). If payment is not settled, we may suspend or remove your access to Sourcie.
9. GRANT
9.1 To enable the provision of Sourcie and the other services and platforms from time to time provided by Appjobs, Partner hereby grants to Appjobs a non-exclusive, royalty-free, worldwide right to use, publish and display Partner’s trademarks, such as logos and brand names, to promote and advertise Partner and its services.
9.2 ppjobs hereby grants to Partner a non-exclusive, non-transferrable, limited right to use the technical integration, described herein, if and as available, during and in accordance with the Terms.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Appjobs is the owner of Sourcie, including all intellectual property rights.
10.2 Appjobs retains all rights, including intellectual property rights, in and to Sourcie, the Appjobs name and Appjobs’ other platforms and services. All rights not expressly granted in these Terms are reserved by Appjobs. No additional licenses or other rights are granted by implication or otherwise.
10.3 mplication or otherwise. Appjobs assumes no liability, whether express or implied, for any infringement upon present or future patents or other intellectual property rights of any third party in conjunction with the use of Sourcie.
10.4 Partner shall without delay inform Appjobs of any infringement or suspected infringement of patents and/or other intellectual property rights relating to Sourcie. However, Appjobs is not obliged to defend such rights. If Appjobs chooses to defend its rights, Partner shall at its own cost and to a reasonable extent assist Appjobs.
11. PERSONAL DATA RELATING TO AUTHORIZED USER
11.1 Appjobs will process personal data of Authorized Users using Sourcie. We are committed to maintaining the privacy and security of such personal data. Personal data provided to us relating to Authorized Users will be processed in accordance with our Privacy Policy and the General Data Protection Regulation (EU 2016/679), GDPR..
11.2 Please read the Appjobs Privacy Policy for more information, available on the Appjobs website.
12. PERSONAL DATA RELATING TO CANDIDATES
12.1 Notwithstanding Section 11 above, Partner is the data controller for the processing of personal data relating to the Candidates associated with Partner in Sourcie. Appjobs is the data processor of such personal data. As data controller, Partner is responsible for the collection and processing of personal data relating to Candidates in Sourcie. As data processor, Appjobs will only process the personal data in accordance with the written instructions of Partner and the data processing addendum, appendix 1 to the Terms
12.2 Partner acknowledges and agrees that Appjobs may collect personal data from Partner through Sourcie relating to Candidate, for use by Appjobs for its own purposes. The data sharing agreement shall apply for such transfer and use.
13. DURATION AND TERMINATION
13.1 These Terms will take effect when you register an account and are valid until further notice. An Authorized User may delete its account at any time within Sourcie or by contacting us, thus ending the Authorized User’s right to use Sourcie. The Terms will apply until the account has been closed. The Terms shall apply between Appjobs and Partner for as long as Partner is using any part of Sourcie or has any registered Authorized User accounts associated with Partner.
13.2 We reserve the right to, in our sole discretion, terminate your account and the right to use Sourcie without any liability, economically or otherwise, in relation to you.
14. NO WARRANTY
14.1 SOURCIE, AND ANY CONTENT CONTAINED AND MADE AVAILABLE VIA SOURCIE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS, OR OTHER ITEMS ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE”.
14.2 WE DO NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FOR SOURCIE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF SOURCIE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT PROVIDED THROUGH SOURCIE. WE DO NOT WARRANT THAT THE USE THE PLATFORM WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET ANY REQUIREMENTS, OR THAT ANY DEFECTS WITHIN SOURCIE WILL BE CORRECTED.
15. LIMITATION OF LIABILITY
15.1 TO THE FURTHEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SOURCIE. YOU EXPRESSLY AGREE TO HOLD US HARMLESS FOR ANY CLAIM, CONTROVERSY, OR DAMAGES THAT MAY ARISE FROM ANY USE OF SOURCIE IN BREACH OF THE TERMS OR APPLICABLE LAW OR ANY DISPUTE BETWEEN YOU AND ANY CANDIDATE OR OTHER THIRD PARTY.
15.2 APPJOBS SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL AND PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, LOSS OF DATA, OR ANY OTHER ECONOMIC LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME, UNLESS STATED OTHERWISE IN THE TERMS
15.3 APPJOBS’ MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY PARTNER TO APPJOBS FOR THE PROVISION OF SOURCIE DURING THE YEAR PRECEDING THE EVENT LEADING UP TO THE CLAIM.
16. INDEMNIFICATION
16.1 YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, OR DEMANDS OF LIABILITY, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS, IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF SOURCIE AND/OR THE VIOLATION OF THESE TERMS.
17. MISCELLANEOUS
17.1 We reserve the right to, without prior notice and without compensation, remove any content that we find obscene, containing inappropriate material and/or in any other way could violate the Terms, applicable laws and regulations and/or may infringe someone else’s intellectual property rights.
17.2 We reserve the right to modify the Terms at any time at our sole discretion. We will notify you by e-mail or through a notice within Sourcie thirty (30) days in advance of any adverse changes taking effect. Your continued use of Sourcie after such notification constitutes your agreement to be legally bound by the updated Terms in relation to Appjobs.
17.3 You may not wholly or partly assign or pledge your rights or obligations under these Terms, unless we consent thereto in writing.
17.4 We have the right, without prior obtaining of approval, to assign the Terms to another company in the same company group as Appjobs, or a third party in connection with a transfer of all or substantially all of Appjobs’ assets.
17.5 If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of us to enforce our rights under the Terms shall not be regarded as a waiver of such rights. IT IS EXPRESSLY AGREED THAT ALL PROVISIONS REGARDING LIMITATIONS OF LIABILITY AND INDEMNITIES WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE TERMINATION OF THE AGREEMENT BETWEEN THE PARTIES.
17.6 The Terms constitute the entire agreement between you and us on all issues to which the Terms relate. However, if you have a separate agreement with us regarding Sourcie, the terms of such agreement shall prevail over these Terms in case of contradictions.
18. GOVERNING LAW AND VENUE
18.1 These Terms shall be construed in accordance with and be governed by the laws of Sweden, without regard to its conflict of law provisions.
18.2 Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by Swedish courts, with Stockholm district court (Stockholms tingsrätt) as the court of first instance.
