Terms of Service

These Terms of Service govern the provision and use of the software-as-a-service platform “Purrcruit”. They apply to all contracts concluded through this website.

This is a translation of the German original. In case of divergence, the German version prevails.

1. Provider and contracting party

The provider, and your contracting party for use of the platform, is:

Purrcruit GmbH i.G.
Kaiserswerther Straße 135
40474 Düsseldorf
Germany

Email: [email protected]

Full provider identification is set out in the Impressum.

2. Scope

(1) These terms apply exclusively to businesses (Unternehmer within the meaning of § 14 German Civil Code), legal entities under public law and public-law special funds. No contract is concluded with consumers (Verbraucher within the meaning of § 13 German Civil Code).

(2) Conflicting or supplementary terms of the customer apply only where the provider has expressly agreed to them in text form.

(3) Enterprise customers may instead agree a separate contract set comprising a master agreement, service description, service level agreement, data processing agreement under Art. 28 GDPR, technical and organisational measures, and supplementary AI terms. We provide this on request at [email protected].

3. Formation of contract and acceptance

(1) The contract is concluded by completing the order process, accepting an offer, or activation of the platform. Text form and electronic signatures are sufficient unless mandatory law requires a stricter form.

(2) By continuing to use the platform you agree to these terms in the version applicable at the time the contract was concluded.

(3) You warrant that you are authorised to enter into this contract on behalf of the business you represent, that the information you provide on registration is accurate, and that you will keep it up to date.

4. Subject matter and limits of the service

(1) The provider makes the cloud-based platform “Purrcruit”, including the modules booked, available for use over the internet for a limited period. The specific scope follows from the package booked and the service description.

(2) The platform supports recruiting, talent management and HR processes. It does not replace individual legal, occupational-health, psychological or HR advice, and it makes no legally binding personnel decisions.

(3) In particular, the provider does not owe automatic assurance of compliance with customer-specific collective agreements, works agreements or co-determination requirements, nor the permanently unchanged availability of third-party integrations.

(4) Features marked as beta, preview, pilot or test may carry limited availability, support or warranty commitments and should not be used for particularly sensitive data or production-critical processes without separate approval.

5. Right of use

(1) For the term of the contract the provider grants the customer a simple, non-exclusive, non-transferable and non-sublicensable right to use the booked functions for its own internal business purposes.

(2) The customer may create authorised users. It ensures that user accounts are assigned to individuals, that credentials are kept confidential and are not shared. Administrator accounts must be secured with particular care. The customer is responsible for all activity under its accounts.

(3) Use by affiliated companies is permitted only where they have been expressly enabled. The customer is liable for compliance with this contract by its affiliates and users as for its own conduct.

6. Prohibited use

(1) The customer uses the platform lawfully at all times. The following are prohibited in particular:

• unlawful use and breaches of employment, anti-discrimination, data protection, export control or criminal law;
• fraud, spam, unsolicited bulk communication and the uploading of unlawful content;
• infringement of third-party intellectual property rights;
• interference with the security of the platform, in particular through malware, unauthorised security testing, probing, automated extraction (scraping) or automated overloading;
• reverse engineering beyond mandatory statutory limits, and circumvention of technical protection measures;
• automating discriminatory selection criteria and enabling unlawful surveillance;
• building a competing product.

(2) Biometric identification, emotion recognition in the workplace, covert behavioural analysis and solely automated decisions with legal or similarly significant effect are excluded by default and permitted only where expressly agreed, technically provided for and clearly lawful.

(3) Security testing and penetration tests are permitted where they are announced at least 20 working days in advance, agreed in text form as to scope, time window and methodology, and limited to the environment used by the customer. Results must be made available to the provider in confidence.

7. Customer obligations

(1) The customer ensures that the processing of applicant, employee and talent pool data is lawful, fulfils its information duties, determines erasure periods and documents the necessary legal bases.

(2) The customer configures roles, permissions, retention, approvals and AI features commensurate with risk, and ensures effective human oversight of automatically generated recommendations.

(3) The customer ensures that any required participation, information and co-determination procedures are completed before productive use. In Germany this concerns in particular §§ 80(3), 87(1) no. 6, 90(1) no. 3 and 95 of the Works Constitution Act.

(4) The customer reports identifiable security incidents, malfunctions, misuse and legal violations without undue delay and supports their investigation.

8. Intellectual property

(1) All rights in the platform, the software, the models, the documentation, trademarks, templates and generic further developments remain with the provider or its licensors. These terms transfer no rights in the software itself.

(2) The customer retains all rights in its data and content. To the extent necessary to provide the service, it grants the provider a right of use limited to the purpose and term of the contract.

(3) The provider may use feedback free of charge to improve the platform, provided that no confidential information or personal data of the customer is disclosed.

9. Availability and support

(1) The provider does not owe entirely uninterrupted or error-free operation. It operates the platform in line with the state of the art and with appropriate measures for availability, resilience and recoverability.

(2) For paid production environments a monthly target availability of the core functionality of 99.5 % applies. Announced maintenance, emergency maintenance within the agreed scope, force majeure, public internet outages and disruptions caused by the customer or third parties engaged by it do not count as downtime.

(3) If the availability target is missed, the customer may apply for service credits in accordance with the Refund Policy. A service credit granted is set off against any claim for damages arising from the same unavailability. The customer’s statutory rights are otherwise unaffected.

(4) Standard support is provided on working days by email and the support portal, in German and English. Please write to [email protected].

10. Prices, billing and taxes

(1) The prices shown on the pricing page at the time of order apply. All prices are net and exclusive of statutory VAT at the applicable rate.

(2) Recurring fees are billed in advance for the billing period booked; usage-based fees are billed in arrears.

(3) Payment methods, billing cycle, invoicing, tax treatment and late payment are governed by the buyer terms of our merchant of record (see section 11) and supplementary to these terms. You will find them at paddle.com/legal/checkout-buyer-terms.

(4) Price changes taking effect at the start of a renewal period will be announced in text form at least 30 days before the end of the current period. The customer may object within 30 days of receipt and terminate the contract with effect from the end of the current period.

(5) The customer may only set off against undisputed or legally established counterclaims. It may exercise a right of retention only in respect of counterclaims arising from the same contractual relationship.

11. Payment processing and merchant of record

Purchases made through this website are handled by Paddle.com Market Limited, registered in England and Wales under company number 8172165, 30 Old Bailey, London EC4M 7AU, United Kingdom. For purchases made from the United States or Canada, the contracting Paddle entity is Paddle.com Inc. or Paddle.com (Canada) Ltd. respectively.

Paddle is the merchant of record and therefore your contracting party for the payment. Paddle issues the invoice, collects and remits the applicable sales or value added tax, and handles refunds and chargebacks. The Paddle buyer terms at paddle.com/legal/checkout-buyer-terms apply in addition.

The contract for the provision and use of the platform itself is concluded exclusively with Purrcruit GmbH i.G. and is governed by these terms.

12. Term, renewal and cancellation

(1) Subscriptions booked through this website run for one month or twelve months, depending on your selection. They renew automatically for the same period unless cancelled before the end of the period.

(2) The customer may cancel at any time with effect from the end of the current billing period. Cancel using the customer portal link in your Paddle payment confirmation, or in text form to [email protected].

(3) Minimum terms of twelve months or more apply exclusively to enterprise contracts with a separate order form, not to the subscriptions booked through this website.

(4) The right of either party to terminate for cause remains unaffected. Termination for a remediable breach of duty generally requires that a reasonable period to remedy has been set first.

13. Suspension and termination by the provider

(1) The provider may temporarily suspend access or terminate the contract in the event of

• a material breach of these terms,
• significant payment default,
• an acute security risk or suspected fraud,
• repeated or serious breaches of section 6.

(2) The scope and duration of any suspension are limited to what is necessary. The customer will generally be informed in advance and given an opportunity to remedy, unless this conflicts with averting an acute risk.

14. End of contract, data export and erasure

(1) Until the end of the contract the customer can retrieve its data through the standard exports. Structured data is provided as CSV or JSON, documents in their original format or a common archive format.

(2) After the end of the contract the provider makes the data available for export for 60 days. Provision of customer data in exportable form is not made conditional on the settlement of outstanding fees.

(3) Thereafter customer data is erased or anonymised; statutory retention obligations remain unaffected. Backups are deleted in the regular overwrite cycle and blocked until then.

15. Warranty

(1) The provider warrants that the platform substantially conforms to the service description. Insignificant deviations do not constitute a defect.

(2) The customer reports reproducible defects with suitable information. The provider may, at its option, remedy the defect or provide a reasonable workaround.

(3) The parties assume that the provision of the platform for a fee and for a limited time is subject to the rules on lease (§§ 535 et seq. German Civil Code). Strict liability for defects existing at the time the contract was concluded (§ 536a(1) alt. 1 German Civil Code) is excluded; liability under section 16 remains unaffected.

(4) For free beta features, customer-side modifications, unapproved integrations and use contrary to the documentation, only mandatory statutory claims exist.

16. Liability

(1) The parties are liable without limitation for intent, gross negligence, injury to life, body or health, fraudulent concealment, assumption of a guarantee, and under mandatory product liability law.

(2) In the event of slightly negligent breach of material contractual obligations, liability is limited to the damage typical for this type of contract and foreseeable at the time of conclusion. Material contractual obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely.

(3) The provider’s total liability in cases under paragraph 2 is limited, for all instances of damage in a contract year taken together, to 100 % of the net fees paid or owed in the twelve months preceding the first damage-causing event.

(4) Liability is otherwise excluded. Liability for lost profit, indirect damage and loss of data is excluded in the case of slight negligence to the extent that the customer could have avoided the damage through reasonable data backups.

(5) The limitations in paragraphs 2 to 4 do not apply to the obligation to pay agreed fees, nor to claims whose limitation is not legally permissible. Statutory rules on the burden of proof remain unaffected.

17. Indemnity

The customer indemnifies the provider against justified third-party claims based on unlawful customer data, unlawful instructions, discriminatory selection criteria, missing information duties or use in breach of contract, to the extent the customer is responsible for the cause. The provider informs the customer without undue delay and, where appropriate, leaves the defence to the customer.

18. Data protection

(1) Where the provider processes personal data on behalf of the customer, a data processing agreement under Art. 28 GDPR applies. We provide it on request at [email protected].

(2) The Privacy Notice applies to the provider’s own processing.

(3) The customer is responsible for the secure configuration of its devices, identity providers, interfaces and user accounts.

19. AI features

(1) The platform’s AI features are supportive. They make no solely automated decisions with legal or similarly significant effect within the meaning of Art. 22 GDPR. The professional and legal assessment, and the decision, rest with the customer.

(2) The customer ensures effective human oversight and can override AI-assisted recommendations.

(3) Customer data is not used to train, fine-tune or evaluate general AI models. Any different use requires an express separate agreement.

(4) Content generated or edited with AI support is marked as such in the platform.

20. Force majeure

Neither party is liable for delays caused by events beyond its reasonable control, including natural events, war, official measures, widespread telecommunications outages or serious cyber attacks, provided reasonable precautions were taken. The affected party informs the other without undue delay and mitigates the effects.

21. Changes to these terms

The provider may amend these terms with effect for the future, in particular where the legal position or the scope of the service changes. Changes will be announced in text form at least 30 days before they take effect. If the customer does not object within 30 days of receipt, the changes are deemed accepted; the announcement will draw separate attention to this consequence. If the customer objects, either party may terminate with effect from the end of the current billing period.

22. Final provisions

(1) Amendments and supplements require at least text form. This also applies to any amendment of this text form requirement.

(2) The provider may transfer the contract in the context of universal succession or the transfer of the relevant business unit. A transfer by the customer requires the provider’s consent, which may not be unreasonably withheld.

(3) Should individual provisions be invalid, the remainder of the contract stays in force. Statutory law applies in place of the invalid provision.

(4) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Düsseldorf, Germany, where the customer is a merchant, a legal entity under public law or a public-law special fund (§ 38(1) German Code of Civil Procedure).

23. Contact

For questions about these terms, the contract, support, refunds or data protection, write to [email protected].

Postal address and further details are in the Impressum.