General Terms and Conditions

Version: 0.2

Legal counsel: LAWFOX Advocaten

Last amended: 30 March 2026

Introduction

Jaicob is an AI-driven recruitment platform offered to the Client by Jaicob B.V. (hereinafter: Jaicob). Through the Platform, the entire application process is automated and carried out by various functionalities integrated within Jaicob's system. From finding the right candidates, initiating conversations, screening and qualifying, scheduling interviews, to leading towards an offer. In addition, the Platform provides the Client with a clear overview of the application process and the status of each Candidate, and custom AI agents can be created using Jaicob. To use the Platform, the Client must accept these General Terms and Conditions.

Article 1: Definitions

In these General Terms and Conditions, a number of defined terms are used. These defined terms are always capitalised and may be used in both singular and plural form. In these General Terms and Conditions they have the following meaning:

Account: A personal profile of the Client through which it can gain access to the Service. Access requires a combination of a username and password.
Additional services: Services provided by Jaicob to the Client beyond the Subscription, including but not limited to data import, consultancy services, training and website development.
Agreement: The agreement for the use of the Service entered into between the Client and Jaicob, to which these General Terms and Conditions apply.
AI Act: Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence.
AI Functionalities: The artificial intelligence features and functionalities integrated in the Platform as further described in Article 7.10 and the Instructions for Use, including but not limited to AI Matching, AI Screening, Data Enrichment, Automated Communication and AI Voice, as updated from time to time.
App: The mobile software application (available for, inter alia, iOS and Android) and all components thereof, including the underlying software, algorithms, programming, source code, corrections, object code, graphical interface, databases, and all associated documentation, updates, upgrades and functionalities, for the Intended Use. The App contains (components of) AI.
Candidate: The natural person whose Personal Data are processed in the context of an application or recruitment procedure via the Service.
Client: The legal entity that has entered into the Agreement with Jaicob.
Customer Data: All data entered or generated by the Client or Users through the Service, including job descriptions, selection criteria and the output generated by the Platform on the basis thereof (such as match scores, screening results and candidate rankings) which may contain Personal Data.
Data Act: Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data.
Deployer: A natural or legal person who uses an AI system under its own responsibility, as referred to in Article 3(4) of the AI Act.
External Platform: Distribution platforms for applications that are not operated by Jaicob, including, inter alia, the Apple App Store and Google Play Store.
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), as amended or replaced from time to time.
High-Risk AI System: An AI system as referred to in Article 6(2) in conjunction with Annex III, point 4(a) of the AI Act, being an AI system intended for use in the recruitment and selection of natural persons.
Intended Use: The use of the Service by the Client and the User for the purposes of recruitment and selection of Candidates, including searching, approaching, screening, qualifying and assessing Candidates, conducting automated communication, scheduling interviews and managing the application process, through the Platform in accordance with the Instructions for Use and under the terms and conditions of these General Terms, including article 13.1, and the Agreement.
Instructions for Use: The instructions provided by Jaicob for the use of the Service, including information on the capabilities, limitations, risks and intended purpose of the high-risk AI functionalities, as referred to in Article 13 of the AI Act.
IP Rights: All copyrights, chip rights, database rights, trade name rights, trademark rights, design rights, neighbouring rights and patent rights and related rights such as rights to trade secrets and domain names.
Parties: Jaicob and the Client jointly or individually.
Personal Data: All information relating to an identified or identifiable natural person as referred to in Article 4(1) GDPR.
Platform: The AI-driven Applicant Tracking System (ATS) through which Jaicob offers the Service, consisting of the App, the Web Application and the underlying AI functionalities, including matching, screening, data enrichment and automated communication.
Privacy Policy: The privacy policy of Jaicob as referred to in Articles 13 and 14 GDPR, in which Jaicob informs relevant data subjects and the Client which personal data it collects, uses, shares and protects, for what purpose and for how long, available here
Processing Agreement: The agreement entered into between Jaicob and the Client as referred to in Article 28 GDPR, in which the processing of Personal Data by Jaicob on behalf of the Client is further regulated.
Provider: A natural or legal person who develops or has developed an AI system and places it on the market or puts it into service under its own name or trademark, as referred to in Article 3(3) of the AI Act.
Service: The online provision of the Platform for the Intended Use thereof.
Subscription: The package chosen by the Client ("Platform", "Agentic" or "Enterprise") for the use of the Service, including the associated functionalities, user limits and fees, as further specified on the Web Application and in the Agreement.
User: The natural person who is allowed to use the Service on behalf of the Client.
Web Application: The browser-based web application (accessible via web browser), and all components thereof, including the underlying software, algorithms, programming, source code, corrections, object code, graphical interface, databases, and all associated documentation, updates, upgrades and functionalities, for the Intended Use. The Web Application may contain (components of) AI.

Article 2: Identity and contact details of Jaicob

For questions, complaints or other matters, the Client may contact Jaicob's customer service:

Jaicob B.V.
Burgemeester Stekelenburgplein 199, 5041 SC Tilburg, The Netherlands
Email: support@jaicob.ai
Chamber of Commerce (KvK): 92883761

Article 3: Entry into force and applicability of the Terms

3.1 These General Terms and Conditions apply to the Agreement and to any use of the Service.
3.2 These General Terms and Conditions are drawn up in the English language. Notwithstanding this, the General Terms and Conditions are governed by Dutch law (as set out in Article 15) and may contain terms, concepts, or references specific to Dutch law, which shall be interpreted according to Dutch law and jurisdiction.
3.3 Jaicob is entitled to amend these General Terms and Conditions at any time. Jaicob shall inform the Client of any amendments at least thirty (30) days prior to the effective date. If the Client does not agree with the amendment, it may terminate the Agreement as provided in these General Terms and Conditions. If the Client does not object within fourteen (14) days of notification, the amendment shall be deemed accepted.

Article 4: Fees and payment

4.1 The Client shall pay for the use of the Services the fee corresponding to the chosen Subscription (Platform, Agentic or Enterprise), and then-applicable rates for Additional services, as stated in the Agreement. The fee is due in advance of the period to which it relates.
4.2 The Subscription may be taken out on a monthly or annual basis.
4.3 Jaicob may offer the Client a trial period (demo) of a maximum of three (3) months. Jaicob shall notify the Client at least fourteen (14) days before the end of the trial period that the Subscription will be converted into a paid Subscription. Upon expiry, the Subscription shall automatically be converted into a paid Subscription, unless the Client cancels before the end of the trial period.
4.4 Jaicob is entitled to adjust the fees at any time. Jaicob shall notify the Client in writing no later than thirty (30) days before the effective date. If the Client does not agree, the Client is entitled to terminate the Agreement as of the date on which the adjustment takes effect.
4.5 Jaicob may provide Additional services at Jaicob's then-applicable rates.
4.6 If the Client fails to fulfil any payment obligation in a timely manner, the Client shall be in default by operation of law and shall owe statutory commercial interest as referred to in Section 6:119a Dutch Civil Code (Burgerlijk Wetboek), without prejudice to Jaicob's right to compensation of extrajudicial collection costs.
4.7 If the Client is in default of its payment obligations, Jaicob is entitled to suspend the use of the Service and, in the event of continued default, to rescind the Agreement.

Article 5: Account and access

5.1 To use the Service, the Client must activate its Account.
5.2 To create an Account, the Client must provide the requested company and contact details fully and correctly. The Client represents and warrants that the information provided is correct, complete and up to date. If this information is incorrect or incomplete, Jaicob has the right to refuse access, block the Account and terminate the Agreement.
5.3 The number of Users that the Client may grant access to the Service is determined by the chosen Subscription. The Client is responsible for the management of the access rights of its Users.
5.4 The Client is responsible for the confidentiality of the login credentials of all Users linked to the Account and shall ensure adequate security of access to the Service. The Client is liable for all use that takes place through its Account.

Article 6: Client obligations

6.1 The Client warrants that it is a legal entity, duly represented, and authorised to enter into the Agreement. The Client acts exclusively in the course of its profession or business.
6.2 The Client warrants that only Users who are employed within its organisation or who have been expressly authorised by the Client shall have access to and use of the Service.
6.3 The Client and the User shall only use the Service in accordance with the Agreement, these General Terms and Conditions, the Intended Use and the Instructions for Use.
6.4 The Client acknowledges that Jaicob does not take any recruitment, selection or hiring decisions. The Client shall at all times remain ultimately responsible for all decisions taken on the basis of the output of the Service.
6.5 The Client warrants the accuracy, completeness, quality, relevance and representativeness of the data provided by or on behalf of it to Jaicob.
6.6 If the Client or User discovers an error in the use of the Service, the Client shall report this to Jaicob without delay and within 72 hours via the contact details set out in Article 2.
6.7 For optimal operation of the Service, the User must always use the most recent version of the App.
6.8 The App and/or Web Application and updates depend on browsers and External Platforms. If a browser or External Platform refuses, restricts or terminates the distribution, Jaicob may restrict or discontinue the App and/or Web Application or Service, without any right to compensation for the Client.
6.9 The Client shall itself ensure that it has the necessary equipment, software and internet connection to use the Service.
6.10 The Client, as data controller, is responsible for the lawfulness of the personal data entered by it into the Service and shall ensure a valid legal basis for the processing of Personal Data of Candidates.

Article 7: The Service

7.1 Jaicob shall use its best efforts to perform the Service with due care. The Service is performed on the basis of an obligation of effort ("inspanningsverbintenis"). Jaicob does not guarantee availability at all times.
7.2 Jaicob does not guarantee that the Service will always function without errors or interruptions. Jaicob shall use its best efforts to remedy reported errors within a reasonable period. Jaicob may postpone repair until a new software version is available and is not responsible for errors in software not developed by it.
7.3 The Service is delivered digitally by making the Platform available. Performance commences immediately upon acceptance of these General Terms and Conditions and the creation of an Account, unless otherwise agreed. The statutory consumer right of withdrawal is explicitly excluded.
7.4 The Platform shall never replace the Client's own assessment and decision-making regarding the recruitment and selection of Candidates.
7.5 Jaicob may continue the performance of the Service using a new or modified version of the software. Jaicob is not obliged to maintain, modify or add specific features or functionalities for the Client.
7.6 Jaicob may take the Service wholly or partially out of operation temporarily for maintenance. Jaicob shall keep such downtime as short as possible and preferably at times when the Service is least intensively used.
7.7 Jaicob is not obliged to provide the Client with a physical carrier or download of the software used within the Service.
7.8 The cybersecurity of the Service shall meet a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, and the nature, scope and context known to Jaicob.
7.9 Jaicob is not obliged to warn the Client of risks that fall outside the scope of the Agreement.
7.10 The Platform includes, inter alia, the following AI functionalities: (a) AI Matching: the automatic matching of Candidates to vacancies based on profile and requirements; (b) AI Screening: the automated assessment and ranking of Candidates; (c) Data Enrichment: the enrichment of candidate profiles with data from external sources, including LinkedIn; (d) Automated Communication: the sending of messages to Candidates; (e) AI Voice: the conducting of automated screening conversations with Candidates.
7.11 Jaicob is not liable for the accuracy, completeness or currency of data originating from external sources. The use of such data by the Client is at the Client's own risk.
7.12 If the Client has entered into a Service Level Agreement (SLA) with Jaicob, the availability and performance standards set out therein shall apply. In the event of a conflict between the SLA and these General Terms and Conditions, the SLA shall prevail.
7.13 Jaicob is committed to transparency regarding the operation of the AI Functionalities within the Service, in compliance with Article 13 of the AI Act. Jaicob makes Instructions for Use available that contain at minimum: (i) the intended purpose and performance characteristics; (ii) foreseeable circumstances that may give rise to risks; (iii) information enabling the Client to interpret and use the output; (iv) human oversight measures as referred to in Article 14 of the AI Act; and (v) information on the logging mechanisms as referred to in Article 12 of the AI Act.
7.14 Any use outside the Intended Use falls outside the responsibility of Jaicob.

Article 8: Intellectual property rights

8.1 All IP Rights with respect to the Service vest exclusively in Jaicob and/or its licensors.
8.2 The Client shall only receive the rights of use expressly granted in these General Terms and Conditions and mandatorily provided for by law.
8.3 Jaicob grants the Client a non-exclusive, non-transferable, non-sublicensable and revocable right to use the Service for the Intended Use within the Client's organisation.
8.4 The right of use does not include the right to reuse, reproduce, modify, publish, lend, rent, distribute, reverse engineer, or extract components. The Client is not permitted to make modifications, use it for AI training purposes, or apply scraping, mining or similar techniques.
8.5 The Customer Data (input) entered by the Client into the Service or generated with the Service shall, unless otherwise agreed, belong to the Client. The output generated by the Platform also belongs to the Client. Jaicob does not acquire any IP Rights to the Customer Data. The Client grants Jaicob a non-exclusive, worldwide, royalty-free, and temporary license to use the Customer Data for the sole purpose of providing the Service.
8.6 Jaicob retains the right to use anonymised and aggregated data for the improvement of its AI models and the Platform, provided that such data cannot be traced back to individual Candidates or the Client.
8.7 The Client is expressly prohibited from reverse-engineering, decompiling, disassembling or otherwise attempting to ascertain the source code or operation of the AI models, algorithms or underlying technology of the Platform.
8.8 The Client warrants that no rights of third parties prevent the provision to or processing by Jaicob of Customer Data. The Client indemnifies Jaicob against any claim by a third party based on infringement.
8.9 Nothing in these General Terms and Conditions implies a transfer of any IP Right to the Client.

Article 9: Personal data and privacy

9.1 By accepting these General Terms and Conditions, the Client acknowledges and agrees to the terms of the Privacy Policy.
9.2 The Client acts as data controller within the meaning of the GDPR with respect to the Personal Data of Candidates processed via the Service. Jaicob acts as processor within the meaning of Article 28 GDPR.
9.3 The processing of Personal Data by Jaicob on behalf of the Client is further regulated in the Processing Agreement, which forms an integral part of the Agreement.
9.4 The Client is responsible for carrying out a Data Protection Impact Assessment (DPIA) as referred to in Article 35 GDPR prior to the use of the high-risk functionalities. Jaicob shall make the necessary technical information available upon request.
9.5 Personal Data of Candidates shall be retained for a maximum period of one (1) year after the last activity in the application process, after which the data shall be deleted, unless a shorter retention period is set or a longer retention is required by law.
9.6 If Personal Data are transferred outside the EEA, this shall only take place on the basis of an adequacy decision, Standard Contractual Clauses (SCCs), or another legal basis.
9.7 The Client shall ensure that Candidates are adequately informed about the processing prior to the processing of their Personal Data via the Service, in accordance with Articles 13 and 14 GDPR.

Article 10: Data portability

10.1 The Client has the right to receive, upon termination, a copy of all Customer Data and Candidate profiles in a structured, commonly used and machine-readable format. Jaicob shall facilitate direct transfer to a new provider where technically feasible.
10.2 Jaicob shall provide the opportunity to export Customer Data for thirty (30) days after termination. After this period, Jaicob shall delete the Customer Data, unless longer retention is required by law.
10.3 During the term of the Agreement, the Client may export its Customer Data via the Platform in supported formats.

Article 11: Moderation

11.1 Jaicob may deploy measures and instruments for the purpose of moderation. Jaicob is not obliged to actively monitor or investigate illegal or unlawful activities.
11.2 Jaicob may at all times take measures to comply with applicable laws and regulations, to prevent liability towards third parties, or to comply with instructions from an authority. Such measures may include (temporary) removal of data, suspension of Clients or Users, or restriction of access to the Service.
11.3 Jaicob cannot be required to conduct extensive legal research in order to form an opinion on the merits of claims by third parties.
11.4 Jaicob is not liable for any damage arising from this Article.

Article 12: Liability of Jaicob

12.1 The total liability of Jaicob for an attributable failure or on any legal ground whatsoever is limited to compensation for damage as set out in this Article.
12.2 Liability is limited to direct damage and to the amount paid out under Jaicob's liability insurance, plus the deductible. If no payment is made under insurance, liability is limited to the total fees (excluding VAT) paid by the Client in the twelve (12) months preceding the event, with a maximum of EUR 10,000 per calendar year. Direct damage exclusively means: (i) reasonable costs to determine cause and extent; (ii) reasonable costs to make performance conform to the Agreement; and (iii) reasonable costs to prevent or limit the damage.
12.3 Liability for direct damage resulting from demonstrably erroneous data processing by the algorithm is limited in accordance with the general limitation in this Article.
12.4 Damage caused by death, physical injury or material damage to property is limited to EUR 1,750,000.
12.5 Jaicob is not liable for indirect damage, including consequential damage, loss of profits, missed savings, reputational damage and damage related to the use of third-party items prescribed by the Client.
12.6 Jaicob is not liable for damage arising from recruitment, selection or hiring decisions taken by the Client or User on the basis of the output of the Service.
12.7 Jaicob is not liable for discriminatory output resulting from Client's breach of its non-discrimination obligations under Article 13.9. The Client indemnifies Jaicob against all claims arising from such use.
12.8 The Client is responsible for correctly creating and securing its Account and keeping its password confidential.
12.9 The allocation of liability with respect to the AI Act is regulated in Article 13(13) of these Terms.
12.10 The limitations and exclusions shall not apply in the event of gross negligence, wilful misconduct or deliberate recklessness on the part of Jaicob or its senior management.
12.11 If a Party is prevented from performing by force majeure, it shall not be obliged to fulfil any obligation. Force majeure includes, inter alia: force majeure of suppliers, failure of third-party obligations, government measures, fire, power failure, failure of digital infrastructure, strikes, pandemics, (cyber)crime, war or terrorism, and general transport problems. If force majeure continues for more than sixty (60) days, either Party may terminate the Agreement with immediate effect.

Article 13: Artificial intelligence and compliance with the AI Act

13.1 The Service contains AI systems classified as High-Risk AI Systems within the meaning of Article 6(2) in conjunction with Annex III, point 4(a) of the AI Act.
13.2 Jaicob acts as Provider within the meaning of Article 3(3) AI Act. The Client acts as Deployer within the meaning of Article 3(4) AI Act.
13.3 The Client shall use the Service exclusively in accordance with the Instructions for Use provided by Jaicob.
13.4 The Client warrants: (i) that decisions taken on the basis of the output of high-risk functionalities are always reviewed by an authorised natural person before they are converted into a definitive decision; (ii) that the Client shall record who is responsible for human oversight and ensure employees have sufficient knowledge to critically assess the AI output; (iii) that it will comply with this Article 13; (iv) that fully automated hiring or rejection decisions without human intervention are not permitted.
13.5 The Client shall inform Candidates, prior to data processing, that: (a) their application will be assessed wholly or partially by an AI system; (b) which specific functionalities will be used; (c) they have the right to request an explanation; and (d) they may lodge a complaint with the competent national supervisory authority.
13.6 When using the AI Voice screening functionality, the Client shall ensure that at the beginning of each automated conversation, the Candidate is clearly informed that the conversation is conducted by an AI system. This notification must be given before the Candidate provides any substantive information.
13.7 The Client shall ensure that employees who operate the Service possess demonstrable AI literacy as referred to in Article 4 AI Act. Jaicob shall make documentation and training material available.
13.8 The Client shall not use the Service for purposes prohibited under Article 5 AI Act, including: (a) assigning social scores on the basis of behaviour or personality; (b) deploying subconscious manipulation techniques; (c) profiling on the basis of biometric data for categorisation.
13.9 The Client shall not use the Service to discriminate on grounds as referred to in the General Equal Treatment Act (AWGB), including religion, belief, political opinion, race, sex, nationality, sexual orientation, marital status, disability, chronic illness or age.
13.10 The Client shall report serious incidents and significant malfunctions to Jaicob within 72 hours of discovery via compliance@jaicob.ai. Jaicob is responsible for further reporting to the competent national market surveillance authority.
13.11 Jaicob shall maintain log files of the use of high-risk functionalities for a minimum period of six (6) months. The Client has the right to inspect log data relating to its own use.
13.12 Jaicob shall ensure the registration of the Platform as a High-Risk AI System in the EU AI database. The Client is obliged to register as Deployer insofar as applicable pursuant to Article 49 AI Act.
13.13 Jaicob is liable for its obligations as Provider under the AI Act, including the conformity assessment, EU declaration of conformity, CE marking, technical documentation and the accuracy of the Instructions for Use. The Client is liable for damage arising from: (a) use in breach of the Instructions for Use; (b) failure to exercise human oversight; (c) failure to inform Candidates; (d) use for prohibited applications. In the event of joint failure, liability shall be apportioned in proportion to each Party's contribution.
13.14 Jaicob reserves the right to amend this Article if necessary as a result of amendments to the AI Act. Jaicob shall notify the Client at least thirty (30) days before the effective date.

Article 14: Term, termination and ending

14.1 The Subscription shall be automatically renewed after the initial term for the same duration, unless the Client terminates with one (1) month notice before the end of the current period.
14.2 The Agreement and these General Terms and Conditions are inextricably linked. Termination of either shall automatically terminate the other.
14.3 Either Party may terminate the Agreement in writing with one (1) month notice before the end of the current subscription period.
14.4 Upon termination, access to the Platform shall be immediately discontinued. Jaicob shall delete the Account and linked Personal Data in accordance with the Privacy Policy and Processing Agreement.
14.5 Jaicob shall, at the Client's request, cooperate in exit activities for transition to a third-party supplier. For a period of three (3) years from the effective date of the Data Act, Jaicob may charge for exit activities; thereafter, no fees shall apply.
14.6 Provisions regarding liability, IP, dispute resolution, deletion of personal data and indemnification shall survive termination.
14.7 Jaicob may deny access to the Platform in the following cases: (a) breach of the Agreement or applicable law; (b) harm to rights of Jaicob, other Clients or third parties; (c) abuse, fraud, or risk to security, continuity or integrity of the Platform.
14.8 These rights shall be without prejudice to Jaicob's right to terminate the Agreement and its rights under applicable law.

Article 15: Governing law

15.1 These General Terms and Conditions are governed by Dutch law. The applicability of the CISG is excluded.
15.2 Dutch law applies regardless of the place of establishment of the Client, including Clients established outside the European Union.
15.3 The Parties acknowledge that the AI Act and GDPR apply directly and take precedence over these Terms to the extent of any inconsistency.

Article 16: Dispute resolution

16.1 The Parties shall first endeavour to resolve disputes by mutual consultation.
16.2 If the dispute cannot be resolved within thirty (30) days, it shall be finally settled by arbitration in accordance with the Arbitration Rules of the SGOA (Stichting Geschillenoplossing Automatisering). The seat of the arbitration shall be The Hague, the Netherlands.
16.3 The arbitral tribunal shall consist of one or three arbitrators with expertise in information technology and software law. The language of the arbitration shall be English.
16.4 The costs of the arbitration proceedings shall be advanced in equal shares.
16.5 The arbitral award shall be filed with the registry of the competent Dutch court.
16.6 The arbitral award shall be final and binding and shall not be subject to appeal, except as permitted by mandatory Dutch law. Enforcement shall take place in accordance with the New York Convention.
16.7 Nothing in this Article shall prevent either Party from applying to a competent court for interim relief pending or in addition to arbitration proceedings.
16.8 The arbitration clause constitutes a separate agreement, independent of the other provisions of the Agreement.

Article 17: Final provisions

17.1 If any provision proves to be null and void, annulled or unenforceable, the validity of the remaining provisions shall remain unaffected.
17.2 In the event of nullity or annulment, the Parties shall consult to agree on a replacement provision that approximates the purport of the original provision as closely as possible.