Terms & Conditions
Last updated: January 1, 2025
These Terms & Conditions apply to the use of the We Are Over The Moon B2B HR-AI platform. By creating an account, you agree to these terms.
1. Definitions
- Platform: The We Are Over The Moon HR-AI platform including all features such as candidate verifications, cultural DNA matching, voice interviews, and ATS functionality.
- Client: The company that has an account and uses the platform.
- Candidate: The person invited by Client for a verification.
- Verification: The combination of cognitive tests, voice interview, cultural fit analysis, and CV analysis.
2. Services
WAOTM provides a B2B SaaS HR platform that enables companies to evaluate candidates through AI-driven verifications, cultural fit matching, and automated interviews. The platform offers decision support; the final responsibility for hiring decisions rests with the Client. We do not guarantee specific recruitment results.
3. Account and Access
- Client is responsible for managing user accounts within their organization.
- Login credentials are strictly personal and may not be shared.
- Client ensures that candidates are invited correctly and informed about the verification.
- WAOTM reserves the right to suspend accounts in case of abuse or violation of these terms.
4. Pricing and Payment
- Credits (Trial): €12.50 per validated candidate (excluding VAT). No monthly fees, credits don't expire.
- Growth package: €399 per month or €3,999 per year (excluding VAT) plus 9% success fee of gross annual salary upon hiring.
- Scale package: €799 per month or €7,999 per year (excluding VAT) plus 6% success fee of gross annual salary upon hiring.
- Success fee is due when a candidate is hired who was found through the platform and hired within 12 months of first verification.
- Billing: Credits upon purchase, subscriptions monthly or annually in advance, success fees in arrears after confirmation of hire.
- Payment term: 14 days after invoice date.
- Payment via Stripe or bank transfer.
- In case of late payment, we may suspend platform access.
5. Term and Termination
- Credits: No fixed term, credits don't expire.
- Subscriptions (Growth and Scale): Monthly or annually, cancellable at any time with a notice period of 1 month.
- For annual subscriptions, the full annual amount is invoiced in advance. Upon early cancellation, no refund is provided for the remaining period.
- Cancellation must be in writing via the platform or by email.
- WAOTM can terminate the contract immediately in case of serious breach.
6. Client Obligations
- Client warrants that they are authorized to provide candidate data to us.
- Client informs candidates about the use of AI verifications and voice recording.
- Client uses the platform in accordance with applicable law, including GDPR and equal treatment legislation.
- Client is responsible for the final hiring decision and may not base it entirely on automated processing without human intervention.
7. Intellectual Property
All rights to the platform, technology, AI models, software, design, and content are owned by WAOTM. Client receives a non-exclusive right to use for the duration of the contract. Client retains all rights to the company data they enter. Candidates retain rights to their personal data.
8. Liability
- WAOTM strives for high-quality service but does not guarantee 100% availability or error-free operation.
- WAOTM is not liable for incorrect hiring decisions or damage resulting from interpretation of verification results.
- WAOTM's liability is limited to refunding the last paid monthly subscription fee.
- Exclusion does not apply to damage caused by intent or gross negligence, or for breach of privacy legislation.
- Client indemnifies WAOTM against claims from candidates arising from incorrect use of the platform by Client.
9. Confidentiality
Both parties commit to confidentiality of confidential information obtained during the cooperation, for the duration of the contract and 2 years thereafter.
10. Changes
WAOTM reserves the right to modify these terms. Material changes will be announced 30 days in advance. Client can cancel if they disagree. Continued use after announcement constitutes acceptance.
11. Governing Law and Disputes
This agreement is governed by Dutch law. Disputes are preferably resolved through mutual consultation. If this fails, the competent court in the district of WAOTM's place of business has jurisdiction.
Contact
For questions about these terms: info@weareoverthemoon.nl