Terms of Service

These Terms of Service ("Terms") govern the use of the CometHire platform and website (together, the "Service"), provided by CometHire UG (haftungsbeschränkt), Hermannstraße 91, 12051 Berlin, Germany, registered at Amtsgericht Charlottenburg under HRB 289332 B ("CometHire", "we", "us").

The Service is provided exclusively to businesses (Unternehmer within the meaning of § 14 BGB). It is not offered to consumers.

By registering for an account, by signing an order form, or by otherwise accessing or using the Service, you agree to these Terms. If you do not agree to them, do not use the Service.

These Terms apply together with:

• our Privacy Policy at comethire.com/privacy-policy, which explains how we process personal data where we act as controller; and
• our Data Processing Agreement at comethire.com/dpa, which governs our processing of personal data on your behalf — in particular candidate data — pursuant to Art. 28 GDPR, and which forms part of this agreement wherever we act as your processor.

Where you and CometHire have signed a separate agreement or order form covering the Service, that document prevails over these Terms to the extent of any conflict, whether it was signed before or after you accepted these Terms.

CometHire is software that supports recruiting teams in reviewing job applications. Depending on the functions made available to you, the Service may allow you to receive and store applications, define role-specific requirements, have applications analysed against those requirements, obtain criterion-level evidence assessments and candidate reports, and work on them together within your team.

CometHire is a decision-support tool. We do not make hiring decisions, and the Service does not decide about any candidate. The Service does not produce candidate rankings, suitability scores or hiring recommendations.

We may change, improve or discontinue individual functions of the Service. Where a change materially reduces functions you are using, we will inform you in advance where reasonably possible.

Using the Service requires an account. If you register on behalf of an organisation, that organisation is the contracting party (the "Account Owner") and you confirm that you are authorised to bind it. If you do not have that authority, do not register.

The Account Owner is responsible for all use of its accounts, for the accuracy of the information provided, for keeping credentials secure, and for the conduct of the users it invites. An account is personal to the user it is issued to and may not be shared or transferred. Please notify us without undue delay of any unauthorised use of an account.

Candidates are not users of the Service, are not Account Owners, and are not party to these Terms.

Where the Service provides a form through which candidates can submit an application, that form is operated on behalf of the Account Owner, and applications submitted through it are processed on the Account Owner's behalf under the Data Processing Agreement.

The Account Owner is responsible for informing candidates about the processing of their data and about the use of AI-assisted evaluation to the extent required by applicable law, and for establishing any lawful basis that may be required. We provide candidate information notices and supporting documentation for this purpose; using them appropriately remains the Account Owner's responsibility.

"Customer Content" means all data, documents and information that you or the individuals you invite submit to the Service, including applications, requirement profiles, notes and comments. "Output" means the evidence assessments, reports and other results the Service generates from Customer Content.

You retain all rights in Customer Content and in the Output generated for you. You grant us the non-exclusive right to host, store, process and transmit Customer Content, including through the subprocessors named in the Data Processing Agreement, only as far as necessary to provide, secure and support the Service and to comply with our legal obligations.

You are responsible for Customer Content. You confirm that you are entitled to submit it to the Service and that it does not infringe third-party rights or applicable law.

We give no warranty as to the accuracy or completeness of Output. Output is to be reviewed by a competent person before it is relied on.

Parts of the Service use artificial intelligence. The following applies to those parts.

(a) Human oversight. You will have a competent person review the Output before any decision affecting a candidate is taken. You will not use the Service as the sole basis for rejecting or selecting a candidate, and you will not use it for automated decision-making producing legal or similarly significant effects on individuals.

(b) The requirements you define. You will define requirement profiles that relate to the actual requirements of the role, and not to characteristics protected under applicable anti-discrimination law.

(c) Competence. You will ensure that the people using the Service have a sufficient understanding of it to use it appropriately.

(d) No model training. We do not use Customer Content or Output to train, fine-tune or otherwise modify the parameters of any AI model, and we do not authorise the AI providers we engage to use Customer Content or Output to train their own models. This applies unless you expressly agree otherwise in writing; any such agreed use would be limited to anonymised information that cannot reasonably be used to identify any customer or individual. The AI providers we engage are named in the Data Processing Agreement.

(e) Limits of AI. AI features rely on probabilistic models and can produce incomplete or incorrect results. They do not replace professional judgement. This includes the de-identification step described in the Data Processing Agreement, which reduces identifying information but cannot be guaranteed to remove all of it in every case.

You will not: use the Service unlawfully; submit content you are not entitled to process; attempt to reverse engineer, decompile or extract the Service's software, models or prompts; use the Service or its Output to develop or train a competing product or AI model; extract data by automated means beyond the functions the Service itself provides; circumvent access controls, usage limits or security measures; or interfere with the operation, integrity or security of the Service.

Where usage limits apply to your plan, they are set out in your order form or on our pricing page. If you exceed them, we may agree additional charges with you or limit further usage.

Fees, scope, term and payment terms are set out in your order form or offer. Unless agreed otherwise, fees are exclusive of value added tax where applicable.

Where the Service is provided to you free of charge — for example for testing or evaluation — no fees are owed, and Section 12 applies accordingly.

Term and notice periods are set out in your order form. Where no term has been agreed, either party may terminate at any time with immediate effect.

Either party may terminate for cause if the other party materially breaches these Terms and fails to remedy the breach within a reasonable period after written notice.

We may suspend access without prior notice where this is necessary to protect the security or integrity of the Service, or where there is reasonable suspicion of a serious breach of Section 8. We will inform you and lift the suspension as soon as the reason for it no longer applies.

You can export your data before the agreement ends. Deletion and return of personal data after the end of the agreement are governed by the Data Processing Agreement.

Each party will keep the other party's confidential information confidential, use it only for the purposes of this agreement, protect it with the same care it applies to its own confidential information, and disclose it only to people who need it and who are bound by equivalent obligations.

This does not apply to information that is publicly available, that the receiving party already held without a duty of confidence, or that must be disclosed by law. The obligation survives the end of the agreement.

We provide the Service with reasonable skill and care. We do not warrant that the Service will be uninterrupted or error-free, and we do not warrant that any evidence assessment, report or hiring outcome is correct, complete or successful.

We are liable without limitation for damage caused intentionally or by gross negligence, for damage arising from injury to life, body or health, where we have given a guarantee, and to the extent liability is mandatory under the German Product Liability Act.

Where the Service is provided for a fee: for slight negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment is essential to the purpose of this agreement and on which you may rely — and in that case only for foreseeable damage typical of this type of contract, limited in the aggregate to the fees you paid in the twelve months before the event giving rise to the claim. Any further liability for slight negligence is excluded.

Where the Service is provided free of charge: we are liable only as set out in the second paragraph of this Section. Liability for slight negligence is excluded.

Liability for loss of data is limited to the cost of recovery that would have arisen had you kept appropriate backups.

Nothing in this Section limits liability that cannot be limited under applicable law.

You will indemnify us against third-party claims arising from Customer Content you submitted, from your use of the Service in breach of these Terms or applicable law, or from a hiring decision you took.

This does not apply where we are responsible for the claim, and it does not apply to claims by candidates that arise from a defect in the Service itself.

We may amend these Terms where there is a valid reason to do so, in particular changes in law or case law, changes to the Service, or changes in our technical or organisational setup. We will notify you in writing, including by email, at least 30 days before a change takes effect.

If you object in writing before the change takes effect, the agreement continues on the existing Terms; in that case either party may terminate with effect from the end of the current contract period. Changes that would materially shift the balance of this agreement to your disadvantage require your consent.

The Data Processing Agreement may be amended only as provided in that document.

Neither party is liable for delay or failure to perform caused by events outside its reasonable control, for as long as those events persist.

German law applies. The exclusive place of jurisdiction is Berlin, Germany.

We may transfer this agreement to a group company or to an acquirer of the business or of the relevant assets; you may transfer it only with our prior written consent. Amendments and supplements must be in writing; email is sufficient. If a provision is or becomes invalid, the remaining provisions are unaffected. These Terms do not create rights for third parties.

Notices under these Terms may be given electronically, and notices we send you electronically satisfy any requirement that they be in writing.