Terms of service
Effective Date: September 10, 2024
Please read the following Terms and Conditions and our Privacy Policy carefully as they govern your use of ForteAI’s Platform (“Platform”). If there is a conflict between these Terms and Conditions and Our Privacy Policy, these terms will take precedence. By accepting these Terms and Conditions, you simultaneously accept our Privacy Policy.
1. Introduction
1.1 ForteAI (“ForteAI”) shall provide access for you (“User” or “You” or “Your”) to an [AI-powered platform] and to services that include [recruitment for employees, sharing job advertisements, distributing job offers to various companies, receiving job offers, and all other content, services and/or products available on or through the Platform] (collectively referred as “Services”).
1.2. You agree to use the platform in accordance with these Terms and any additional guidelines or policies provided by ForteAI.
2. ForteAI’s Services
2.1. ForteAI does not guarantee the accuracy, completeness, or authenticity of any content posted on its Platform. ForteAI shall not be held responsible for any content posted, uploaded, or transmitted on the Platform by Customers or Candidates. ForteAI does not endorse, verify, or guarantee the accuracy, completeness, or legality of any content posted on the Platform. It's eventually Your responsibility to conduct Your own thorough investigation.
2.2. You acknowledge that ForteAI does not guarantee the availability or suitability of any job opportunities posted on the platform.
2.3. ForteAI is not responsible for any damages or losses resulting from inaccurate, fraudulent, or mistaken content. This includes, but is not limited to, financial losses, reputational damage, or emotional distress. ForteAI advises You to thoroughly review the content, take necessary precautions, and conduct Your own due diligence.
3. User Content Submission
3.1. You may upload or submit content (“User Content”) on the ForteAI’s Platform, including resumes, cover letters, and other materials relevant to Your job search.
3.2. By submitting User Content, You represent and warrant that You have the necessary rights and permissions to do so and that the User Content is accurate, truthful, and not misleading. You warrant that the submitted User Content does not contain any content that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive, harassing or otherwise inappropriate.
3.3. You warrant that User Content You submit does not infringe any intellectual property rights of any third party, nor do the User Content violate any applicable laws or regulations.
3.4. You commit to ensuring transparency and honesty in all User Content posted on the Platform, and undertake to promote transparency throughout Your use of the Platform and Services.
3.5. You retain ownership of any User Content You submit to the Platform, but You grant ForteAI a non-exclusive, royalty-free, perpetual, irrevocable, fully paid, sublicensable, and transferable license to use, reproduce, and distribute the User Content for the purpose of providing its Services.
3.6. ForteAI has the right, but not the obligation, to monitor the Platform and User Content posted on it. ForteAI may remove or disable any User Content at any time for any reason, or for no reason at all.
4. Data Privacy, Security and Compliance
4.1. ForteAI and You shall comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (“GDPR”), and any other relevant legislation.
4.2. By accepting these Terms and Conditions, You simultaneously accept ForteAI’s Privacy Policy, which contains comprehensive details regarding data privacy rights and requirements.
4.3. You acknowledge that ForteAI may collect and process Your personal information for the purpose of providing the Platform and Services and facilitating Your job search.
4.4. Both parties will safeguard the other's confidential information with the same level of care as they would their own, at minimum exercising reasonable care. Unless expressly permitted otherwise by these Terms and Conditions, confidential information may only be used to fulfill obligations or exercise rights under these Terms and Conditions. Such confidential information may be disclosed solely to employees, representatives, or agents with a legitimate need to know, who are bound by confidentiality obligations.
4.5. ForteAI shall maintain practical administrative, physical, and technical measures to safeguard the security, confidentiality, and integrity of its Platform’s users’ data. These measures may entail encrypting the data during transmission, employing technologies such as SSL or similar protocols.
4.6. ForteAI uses a method to de-identify user data before training ForteAI’s models, preventing individual user identification. This process is automatic and not subject to manual review by a human. ForteAI may use data, often de-identified, to analyze the effectiveness of our Platform and Services, improve features, and conduct research, while safeguarding Your privacy. De-identification involves removing or obscuring details from data sets to prevent identification. ForteAI also may use de-identified data to develop new features and anticipate user needs. Additionally, de-identified data is valuable for research on user behavior and preferences. ForteAI may use de-identified data for other purposes related to improving our Services, enhancing user experience, and ensuring the security and integrity of our Platform
5. Service Fees
5.1. In case service fees are applicable to You, the following terms apply:
5.2. You agree to pay the fees for the use of the Platform and Services as agreed upon. Service fees may be subject to change upon prior notice from ForteAI. Any changes to the fees will be communicated to You via email.
5.3. Payment for service fees shall be made for each subscription term in the currency specified by ForteAI and within the timeframe indicated in the invoice or payment terms provided. If payment is due by invoice, it must be made within seven (7) net payment days at a minimum. You shall make the payments by credit card or similar payment method as indicated by ForteAI. The subscription shall auto-renew at the end of the subscription period and charged from Your payment method at the start of the next subscription term, unless otherwise instructed by You in advance.
5.4. Late payments may be subject to late fees or interest charges as specified by ForteAI or as permitted by applicable law. These Terms and Conditions are subject to the statutory late payment interest rate according to Finnish law.
5.5. You shall ensure that all payment information provided to ForteAI is accurate, complete, and up-to-date. Any changes to payment information should be promptly communicated to ForteAI.
5.6. Unless stated otherwise in these Terms and Conditions or in the pricing plan, all service fees are nonrefundable. No refunds will be provided for partial use or non-use of the Platform and Services by You.
5.7. Unless stated otherwise, the service fees do not include any taxes, levies, duties, or similar governmental assessments including value-added taxes, sales taxes, use taxes, or withholding taxes (collectively as “Taxes”). You are responsible for paying the Taxes applicable to you by government authorities. ForteAI will bill You for such Taxes if ForteAI is legally obligated to do so, and You agree to settle such Taxes upon invoicing.
5.8. ForteAI may offer You certain benefits such as discounts on service fees or extensions in subscription term at no additional cost. These benefits are tailored to Your account and are non-transferable.
6. Account Registration
6.1. You are required to create an account to access ForteAI’s Platform and Services. You agree to provide accurate, current, and complete information during the registration process and to keep Your account information updated.
6.2. ForteAI’s Platform and Services [are designed for individuals who are at least eighteen (18) years old]. By accessing or using the Platform and Services, You warrant that you meet the minimum age requirement and possess the full authority, right, and capacity to accept these Terms and Conditions. Individuals under 18 years of age are prohibited from accessing or using the Platform and Services.
6.3. You are solely responsible for maintaining the confidentiality and security of Your account password and for all activities that occur under Your account. You agree to take appropriate measures to safeguard Your account. You acknowledge that ForteAI shall not be held liable for any unauthorized access to Your account or for any damages, losses, or liabilities arising from the misuse of Your account credentials.
6.4. If You forget Your account password or suspect unauthorized access to your account, you may request a password reset or account recovery through the designated channels provided by ForteAI. ForteAI may require You to verify Your identity or provide additional information to confirm Your account ownership before granting access to Your account or resetting Your password. You agree to cooperate with ForteAI’s account recovery procedures and to provide accurate information to verify Your identity and account ownership.
7. Bias Mitigation
7.1. ForteAI shall take reasonable measures to mitigate bias in the recruitment process, including diversity in training data, regular bias audits, and transparency in algorithmic decision-making.
7.2. You acknowledge that ForteAI’s Platform’s AI algorithms are designed to enhance, not replace, human decision-making in the recruitment process.
8. Transparency
8.1. You commit to ensuring transparency and honesty in all User Content posted on the Platform and undertake to promote transparency throughout Your use of the Platform and Services.
9. Ethical Use of AI in Recruitment
9.1. You agree to use the Platform and Services ethically and responsibly, avoiding discriminatory practices and respecting privacy and confidentiality.
10. Compliance with Laws and Regulations
10.1. You agree not to engage in any discriminatory practices on the Platform based on race, ethnicity, gender, sexual orientation, religion, age, disability, or any other discriminatory or protected characteristic. You shall ensure that all actions conducted through the Platform and Services comply with applicable anti-discrimination laws and regulations.
10.2. You agree to comply with all applicable anti-money laundering laws and regulations in the European Union (EU) and other jurisdictions where it operates. Furthermore, You agree to use the Platform and Services in compliance with all applicable employment laws and all other applicable laws.
10.3. You agree to use the Platform in an ethical and responsible manner, adhering to principles of integrity, honesty, and transparency. You shall not engage in any unethical practices, including but not limited to bribery, corruption, fraud, or deception.
10.4. You shall hold ForteAI harmless from any claims, liabilities, or damages arising from Your violation of any laws and regulations or misuse of the Platform or Services.
11. Intellectual Property Rights of ForteAI
11.1. ForteAI’s Services and Platform as well as software, graphics, design, systems, methods, data and all other elements of ForteAI Services are and will remain the exclusive property of ForteAI. ForteAI’s trade names and trademarks are protected by copyright, patent, trademark laws, international conventions and treaties, and any other relevant intellectual property legislation. ForteAI’s trademarks shall not be utilized in association with any product or service without ForteAI’s prior written consent.
12. Restrictions
12.1. You are permitted to use the Platform, Services, and any associated components solely within the scope, means, and purposes as outlined in these Terms and Conditions and applicable law. For instance, the You are prohibited to:
- utilize the Platform to engage in criminal activities, violate any applicable laws, or solicit others to carry out such illegal actions;
- copy, distribute, modify, adapt, manipulate, reverse engineer, or attempt to extract the source code of the Platform, unless expressly permitted by applicable law and to the extent that ForteAI is not prohibited by such law from excluding or limiting these rights;
-upload or use any content that is protected by intellectual property laws; access or use the Platform without agreeing to these Terms and Conditions;
- sell, rent, lease, license, sublicense, distribute, disclose, or provide access to the Platform to any third parties;
- utilize Platform in a manner, scope, or purposes other than those for which their functionality was originally intended;
- share their ForteAI Platform username and password to any other third party;
- use any account other than those explicitly assigned to them. Each User must only access the Platform using the username and password designated for their individual use and must not share, distribute, or otherwise provide access to their account credentials to any other individual or entity;
- utilize the Platform to intentionally upload, post, transmit, link to, send to, or store any viruses, malware, Trojan horses, worms, time bombs, or any comparable harmful software;
- utilize the Platform for cookie tracking, ad exchanges, ad networks, data brokerages, or the transmission of electronic communications (including emails) that is in breach of applicable law;
- use any device or software that disrupts the normal and proper functioning of the Platform and Services;
use the Platform and Services in any way that could disable, overload, harm, or impair its functionality, or interfere with the ability of other users’ -- use of the Platform or Services;
create a false identity with the intent to deceive or mislead others;
- employ programs that automatically send queries or requests to the Platform unless such program has been provided by ForteAI.
13. Limitation of Liability
13.1. To the fullest extent permitted by law, in no event shall ForteAI, its officers, directors, employees, agents, suppliers, or licensors be held liable to any person for any indirect, punitive, cover, special, incidental, or consequential damage. Additionally, ForteAI or its affiliates shall not be liable for lost profits, lost revenues, lost sales, lost goodwill, or business interruption, impact on business loss of business opportunity, or loss of anticipated savings, whether an action is in contract or tort and regardless of liability theory, even if advised of such damages or if remedy fails, except where prohibited by law.
13.2. In no event shall ForteAI and its affiliates' aggregate liability arising from or related to these terms exceed the total amount paid by the You hereunder for the ForteAI Services within the six months preceding the first incident giving rise to the liability.
14. Disclaimer of Warranties
14.1. The Platform and ForteAI’s Services are provided on an “as is” and “as available” basis, without any express or implied warranties to the fullest extent permitted by applicable law. You expressly agree that Your use of ForteAI’s Services and Platform, any content or items obtained from ForteAI is solely at Your own risk.
14.2. You acknowledge that ForteAI does not warrant that the Platform or Services will operate without interruptions, be consistently timely, secure, or free from errors. Furthermore, You acknowledge that ForteAI does not warrant uninterrupted, timely, secure, error-free access to the Platform and Services due to their delivery over the internet and various telecommunications networks, which are beyond ForteAI’s control. Additionally, ForteAI does not warrant that access to the Platform and Services will be free from viruses or other malicious software.
14.3. If You are not located in the European Economic Area (EEA), You affirm and warrant that Your use of ForteAI’s service complies with the GDPR.
15. Indemnification
15.1. You agree to defend, indemnify and hold harmless ForteAI and its affiliates, along with their directors, officers, employees, and agents, from any claims, losses, damages, liabilities, including legal fees, stemming from Your use or misuse of the Platform and use of other ForteAI Services, violation of these Terms and Conditions, infringement of the rights of any other individual or entity, or any breach of the warranties and agreements. You agree to actively participate in the defense of these claims.
16. Updates and Changes to the Terms and Conditions
16.1. ForteAI reserves the right to change, add, modify, or remove parts of these Terms and Conditions at any given time without prior notice. Your continued use of the Platform and Services following such changes signifies Your binding acceptance of such changes.
17. Links to Third Party Sites
17.1. ForteAI’s Platform may contain links to websites or services provided by third parties and or not operated or owned by ForteAI. These third-party links are governed by their own terms and privacy policy and ForteAI does not endorse, control, or assume responsibility for the content or practices of any third-party websites or services. ForteAI is not responsible for Your access or use of these third-party links.
18. Customer Support
18.1. ForteAI provides customer support services to assist You with inquiries, technical issues, and general assistance related to the use of the ForteAI Platform or Services. Customer support services may be accessed through email, as made available by ForteAI. ForteAI seeks to provide timely and responsive customer support during regular business hours, as defined by ForteAI. Response times may vary depending on the volume of support requests, priority levels assigned by ForteAI, and other operational considerations.
18.2. You acknowledge that ForteAI does not offer technical support for third-party websites or other services. Therefore, any comments, queries, complaints, or feedback regarding such third-party services should be directed to the respective developers or publishers.
19. Suspension and Termination
19.1. ForteAI shall not be held liable for suspension or termination of Your account or access to and use of ForteAI’s Services, provided that such suspension or termination complies with these Terms and Conditions.
19.2. ForteAI reserves the right to suspend or terminate Your account if the You are in violation of these Terms and Conditions. If service fees are applicable to You, ForteAI also reserves the right to suspend or terminate Your account in case of late payment or non-payment of service fees.
19.3. You may terminate their account by notifying ForteAI via email.
19.4. Upon termination, You shall cease using the Platform and Services and return or destroy any confidential information provided by ForteAI.
19.5. Upon termination, whether initiated by You or ForteAI, any possible service fees paid by You shall not be refunded.
20. Survival
20.1. These Terms and Conditions shall remain binging on both parties even after a either party has ceased to be a party to our agreement regarding Your use of the Platform or Services and/or as the case may be, after the termination of our agreement with respect to all parties to the extent the context so requires in order to safeguard the rights of the parties to this agreement and the exercise of the provisions agreed herein. In particular Sections 4 (Data Privacy, Security and Compliance), 5 (Service Fees), 11 (Intellectual Property Rights), 12 (Restrictions), 13 (Limitation of Liability), 14 (Disclaimer of Warranties), 15 (Indemnification), 19 (Suspension and Termination), 20 (Survival), 24 (Governing Law and Jurisdiction), 28 (Communication From ForteAI) shall survive any termination of our agreement regarding Your use of the Platform or Services. Termination of said agreement will not relieve You or ForteAI of liability for obligations accrued before or as of the termination date, nor for any breaches of these Terms and Conditions.
21. Remedies
21.1. ForteAI shall apply remedies available to it under the applicable law. The application of such remedies may result in You losing access to, or experiencing a reduction in, certain features, functions or elements of the Services provided by ForteAI.
22. Export Compliance and User Restrictions
22.1. The Services, as well as other software or components provided or made available by ForteAI to You or other users, may be subject to export control laws and economic sanctions laws in relevant territories. You agree to comply with all such laws and regulations concerning access to and use of the Services, Platform, and other components by You. You shall refrain from accessing or using the Services if You are located in any jurisdiction where such access or use is prohibited under applicable laws or regulations (referred as “Prohibited Jurisdiction”), and You shall not provide access to the Services to any government, entity, or individual located in Prohibited Jurisdiction.
22.2. You warrant that You are neither a citizen of, nor a business registered in, any Prohibited Jurisdiction; will not allow users to access or use the Services in contravention of any pertinent export embargoes, prohibitions, or restrictions; and will adhere to all applicable laws governing the transmission of technical data exported from Finland and the jurisdiction where You are situated.
23. Miscellaneous
23.1. These Terms and Conditions constitute the entire agreement between You and ForteAI and supersede all prior or contemporaneous agreements and understandings. These Terms and Conditions do not establish an agency, partnership, joint venture, fiduciary duty, or any other form of legal relationship between You and ForteAI.
24. Governing Law and Jurisdiction
24.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of laws principles.
24.2. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce.
25. Severability
25.1. In the event that any provision within these Terms and Conditions is deemed unenforceable, invalid, or illegal, whether in its entirety or partially, for any reason, such provision shall be enforced to the fullest extent permitted by applicable law, aiming to uphold the original intention. Any remaining provisions of these Terms and Conditions shall remain valid and enforceable.
26. Assignment
26.1. You are prohibited from assigning, transferring, or delegating these Terms and Conditions or any rights or obligations under these Terms and Conditions, whether in whole or in part, directly or indirectly, without obtaining prior written consent from ForteAI. All attempted assignments, transfers, or delegations made without prior written consent shall be considered void and unenforceable.
27. No Waiver
27.1. The failure of either ForteAI or You to enforce any provision or exercise any right under these Terms does not waive the right to enforce that provision or any other provision or right in the future.
28. Relationship of the Parties
28.1. The parties operate as independent contractors under these Terms and Conditions, and they do not establish a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between them.
29. Communication From ForteAI
29.1. In addition to the communications outlined in Our Privacy Policy, ForteAI reserves the right to contact You directly via email if You are in violation of these Terms and Conditions or if a specific activity or purpose is prohibited regarding the Platform or Services, necessitating an immediate cessation of such use.
29.2. Any communications from ForteAI to You under these Terms and Conditions may be delivered in writing by mail to the contact mailing address You have provided ForteAI or electronic mail to the email address You have provided ForteAI.
Contact Information
ForteAI Oy, (Business ID 3316458-9)
Penttilänkatu 1 A, 80220 Joensuu, Finland
hello@forteai.com