These Terms of Service apply to all customers who signed up to GETCAP.

Article 1: Applicability‍

These terms of service (“Terms”) constitute the agreement (“Agreement”) between getcap.dev with its address at Hembrugstraat 11H, 1013WV in Amsterdam, registered with the Dutch Trade Register with number 76468410 (“we”, “us”, “GETCAP”) and any legal entity that uses our Services (“you” or “Customer” and together with GETCAP “Parties”).

GETCAP’s Data Processing Addendum (“DPA”) and – if applicable – GETCAP’s specific proposal accepted by Customer (“Proposal”) are an integral part of this Agreement and shall have the same force and effect as set out in this Agreement. Any reference to this Agreement shall include the Data Processing Addendum and the accepted Proposal (if applicable). In the event of a conflict between provisions of the Agreement, the Proposal shall prevail over the DPA and the Terms, and the DPA shall prevail over the Terms.

Article 2: Our Services

We offer access to generative AI software (chatbots) in the form of Software as a Service (“SaaS”) as-is, that enables you to create custom chatbots, where you can upload your data with the goal of “chatting with your documents” .

Article 3: License

Subject to the provisions of the Agreement and payment of the applicable Fees, we hereby grant you a non-exclusive, worldwide, non-transferable and non-sublicensable license to use the relevant Service for recruitment purposes (“License”). The License is granted to you only for the term of this Agreement and terminates automatically upon termination of the Agreement on any grounds.

Article 4: Intellectual Property‍

4.1 You acknowledge and agree that the provision of the Services does not include the sale, grant or transfer of any intellectual property rights (including but not limited to copyrights, patents, trademarks, trade names and database rights and/or similar rights) (“Intellectual Property Rights”). GETCAP or its licensors shall retain all Intellectual Property Rights in and to all the Services made available to you under the Agreement. The License is the sole use-right of the SaaS provided to the Customer.

4.2 For the avoidance of doubt: for standard software which is required for the SaaS but which is not a part of the SaaS, such as operating system software, browser software, plugins, interface software, as well as similar third party software, Customer shall acquire a use-right for all such ancillary software at its own expense

4.3 You are responsible for the lawfulness and correctness of all data you submit by using the Service. You are liable for all interruptions, delays and other issues that are caused by errors or viruses contained in that data. You shall indemnify us and hold us harmless against any action or allegation that our use and/or incorporation of that data infringes any third party rights. If a third party asserts that the data used by you in the Services violates their intellectual property rights, we reserve the right to ask you to remove the allegedly infringing item. If you fail to do so within a reasonable period of time, we may suspend or terminate the Agreement.

Article 5: Availability and Maintenance

5.1 GETCAP shall use commercially reasonable efforts to make the SaaS available twenty-four (24) hours a day, unless the access to the SaaS must be suspended due to maintenance of the SaaS or the systems of GETCAP or of a third party appointed by GETCAP. You agree that GETCAP in no way warrants a certain level of availability.

5.2 The Service is provided to you as-is. GETCAP has no obligation to modify or add functionalities to the Service. However, GETCAP may make new applications, tools, features or functionalities available for the Service from time to time, the use of which may be contingent upon Customer’s agreement to additional terms

5.3 GETCAP may make commercially reasonable updates to the SaaS and may modify the functionality or features of the Service at any time, provided that such updates and modifications do not materially denigrate the functionality of the Service. GETCAP will not be liable to Customer or any third-party for any such update or modification.

5.4 It may be necessary for GETCAP to perform scheduled or unscheduled repairs or maintenance, or patch or upgrade the Service, which may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. Although GETCAP cannot guarantee that Customer will receive advance notice of repairs or maintenance, GETCAP will endeavor to provide reasonable notice of scheduled repairs and maintenance

5.5 GETCAP may suspend all or part of the Services or the access to or use of personal data stored in the Service (i) if Customer is delinquent on payment obligations for 12 (twelve) days or more; or (ii) upon receipt of a subpoena or law-enforcement request; or (iii) when GETCAP has a commercially reasonable belief that Customer has breached this Agreement or that Customer’s use of the Service poses an imminent security risk or may subject GETCAP to liability. GETCAP will use commercially reasonable efforts to give Customer at least 72 (seventy-two) hours’ notice of a suspension unless GETCAP determines in its commercially reasonable judgment that a suspension on shorter or contemporaneous notice is necessary to protect GETCAP. Customer shall not set off or suspend any payment.

Article 6: Support

If as a Customer you have problems accessing or using the Service, you can reach the Support department of GETCAP by email during office hours in CET through [email protected].