Terms of Service

1. Overview of this Agreement

1. This BeskarStaff Services Agreement ("Agreement") is a legal agreement between BeskarStaff AG ("BeskarStaff", "us", or "we") and the entity or person ("Customer", "you", "your", or "user") who registered on the BeskarStaff Account page to receive certain AI-powered candidate search, recruitment technology and other business services that may be offered by BeskarStaff and its affiliates including BeskarStaff websites (each, a "Service"). This Agreement describes the terms and conditions that apply to your use of the Services. If you do not understand any of the terms of this Agreement, please contact us before using the Services. Before using the Services, you must register with BeskarStaff and create an account (a "BeskarStaff Account").

2. By creating a BeskarStaff Account or by accessing or using the Services, you acknowledge and agree that you have read, understand and agree to be bound by this Agreement. You further acknowledge and agree that you have read and understand our Privacy Policy. If you do not agree to the terms and conditions of this Agreement, please do not access or use the Services.

3. We may amend or update the terms of this Agreement at any time, solely with prospective effect or change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website or any other website we maintain or own. We will provide you with notice of any material changes through the website, via email, or through other reasonable means. If you are an existing BeskarStaff user, the changes will come into effect on the date we specify in the notice, and your use of the Services after a change has taken effect constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on our website at any time. You can find out when this Agreement was last changed by checking the "Last updated" date at the top of the Agreement.

2. Registration and unauthorized account use

1. To access the Services, you must register for a BeskarStaff Account by creating a user name, password and providing other information. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a customer ("Account Administrator"), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that BeskarStaff is entitled to rely on your instructions.

2. You are responsible for notifying us at support@beskarstaff.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. BeskarStaff will not be liable for any loss, damages, liability, expenses or legal fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and legal fees incurred by BeskarStaff or a third party due to someone else using your account.

3. Representative

1. You or the person or people creating a BeskarStaff Account ("Representative") individually represent and warrant to BeskarStaff that your Representative is authorised to provide the relevant information described in the account details on your behalf and to bind you to this Agreement. We may require you or your Representative to provide additional information or documentation demonstrating your Representative's authority.

2. The following special requirements apply in relation to persons that are not at least 18 years old. If you are an individual or sole proprietor, and you are not at least 18 years old, but you are 13 years old or older, your Representative must be your parent or legal guardian. If you are a legal entity that is owned, directly or indirectly, by an individual who is not at least 18 years old, but is 13 years old or older, your Representative must either obtain the consent of your board or of an authorised officer to create a BeskarStaff Account. You may not use the Services if you are under 13 years of age.

4. Verification and risk assessment

1. At any time during the term of this Agreement and your use of the Services, we may require additional information from you to verify beneficial ownership or control of the business, validate information you provided, verify you or your Representative's identity, and assess the risk associated with your business. This additional information may include business invoices, copies of government-issued identification, business licences, or other information related to your business, its beneficial owners or principals. Your failure to provide this information or material may result in suspension or termination of your BeskarStaff Account.

2. You authorise us to retrieve information about you from our service providers and other third parties, including credit reporting agencies and information bureaus and you authorise and direct such third parties to compile and provide such information to us. You acknowledge that this may include your name, addresses, credit history, and other data about you or your Representative. You acknowledge that we may use your information to verify any other information you provide to us, and that any information we collect may affect our assessment of your overall risk to our business.

5. Disclosures and notices; electronic signature consent

1. By registering for a BeskarStaff Account, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from BeskarStaff, including those required by law. You also agree that your electronic consent will have the same legal effect as a physical signature. You agree that BeskarStaff can provide notices regarding the Services to you through our website or platform, or by mailing notices to the email or physical addresses identified in your BeskarStaff Account.

2. You authorise us to provide notices to you via text message to allow us to verify your or your Representative's control over your BeskarStaff Account (such as through two-step verification), and to provide you with other critical information about your BeskarStaff Account and the Services. In the event of a suspected or actual fraud or security threat to your BeskarStaff Account, BeskarStaff will use SMS, email or another secure procedure to contact you.

6. BeskarStaff's obligations, services and account support

1. BeskarStaff shall provide the AI-powered candidate search Services and Documentation for the Fees in accordance with the terms of this Agreement.

2. BeskarStaff represents and warrants to you that for a period of ninety (90) days from your first use of the Services, the Services will function in accordance with this Agreement and the Documentation in all material respects. In the event of a breach of this warranty, BeskarStaff will use its reasonable commercial efforts to remedy the breach or, at BeskarStaff's discretion, may refund the Fees paid for access to the Services.

3. BeskarStaff has developed and provides access to systems, including application programming interfaces and AI algorithms that may be used to access the Services ("Systems"). You may use the Systems solely as described in the Documentation. You may manage your BeskarStaff Account, search for candidates, and enable additional features through the BeskarStaff dashboard ("Dashboard").

4. We will provide you with support to resolve general issues relating to your BeskarStaff Account and your use of the Services. This support includes resources and documentation that we make available to you through the current versions of BeskarStaff's support pages, Systems documentation, and other pages on our website (collectively, "Documentation"). If you still have questions after reviewing the Documentation, please contact us at support@beskarstaff.com

7. Customer's obligations and acceptable use

1. By accepting using the Services, you represent and warrant that: (i) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (ii) that any information you provide us about your business, job requirements, or recruitment needs is accurate and complete; and (iii) that your employees, contractors and agents will at all times act consistently with the terms of this Agreement.

2. You also agree to:

   • provide BeskarStaff with all necessary co-operation in relation to this Agreement;
   • comply with all applicable laws and regulations with respect to your activities under this Agreement, including Swiss employment and data protection laws;
   • ensure that any person who uses the Services and the Documentation under or in relation to your account does so in accordance with the terms and conditions of this Agreement;
   • carry out all other Customer responsibilities set out in this Agreement in a timely and efficient manner;
   • ensure that your network and systems comply with the relevant specifications provided by BeskarStaff from time to time;
   • use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation;

8. Data Usage, Privacy, Security and Confidentiality

9. Fees and taxes

BeskarStaff will provide the Services to you at the rates and for the fees ("Fees") described on the Pricing page and incorporated into this Agreement. We may revise the Fees at any time. However, we will provide you with at least 30 days' advance notice before revisions become applicable to you.

You are also obligated to pay all taxes, fees and other charges imposed by any governmental authority, including any value added tax, goods and services tax, sales tax and applicable indirect and transactional taxes ("Taxes") on the Services provided under this Agreement in accordance with Swiss tax regulations.

10. Term and termination

1. This Agreement is effective upon the date you first access or use the Services ("Effective Date") and continues until terminated by you or BeskarStaff. You may terminate this Agreement by closing your BeskarStaff Account at any time and ceasing to use the Services.

2. We may terminate this Agreement or close your BeskarStaff Account at any time for any reason by providing you with reasonable advance notice. We may suspend your BeskarStaff Account or terminate this Agreement, if: (i) we determine in our sole discretion that you are ineligible for the Services; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any law requires us to do so.

11. Proprietary rights

Subject to the terms and conditions of this Agreement, including the payment of the applicable Fees, BeskarStaff hereby grants you, solely during the term of this Agreement, a non-exclusive, non-transferable, non-sublicensable right to access and use the Services, the Dashboard and the Documentation for your own commercial recruitment purposes.

Nothing in this Agreement affects BeskarStaff and its licensors rights, title, and interest in the IP, AI algorithms, or any copies thereof.

12. No warranties and limitation of liability

Except as expressly and specifically provided in this Agreement, the Services are provided to you "as is" and without warranty of any kind, whether express, implied, statutory, or otherwise.

Under no circumstances will either party be responsible or liable to you, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any indirect, punitive, incidental, special, consequential, or exemplary damages.

13. Governing law and jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Switzerland.

Each party irrevocably agrees that the courts of Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.