Terms of Service
last updated: 29 July 2026
These Terms of Service ("Terms") govern access to and use of the Everday platform and the services Everday performs around it, operated by Everday B.V. ("Everday", "we", "us", "our").
By entering into an Order Form, Statement of Work, or partner agreement that references these Terms, or by accessing the Platform, you ("Customer", "you") agree to be bound by these Terms.
1. Definitions
- Platform — Everday's multi-tenant software: the workspace, the record it maintains, the connections to your systems, the agents that run inside it, and the surfaces through which you and your people interact with it.
- Services — the work Everday performs around the Platform: implementation, configuration, connection of your systems, tuning against your cases, and the ongoing operation, monitoring and improvement of what runs. Delivered by Everday personnel, by Everday's agents, or by a combination of the two, at Everday's discretion.
- Workspace — the isolated tenant provisioned for you, containing your data and configuration.
- Agent — configured automated logic that performs work inside a Workspace. Agents may be configured by Everday, by you, or jointly.
- Agent Run — a single execution of an Agent, the unit by which usage is metered.
- Output — the evidence, scores, rankings, summaries, recommendations and other material the Platform or an Agent produces.
- Partner — a Customer that embeds or resells the Platform and Services to its own clients.
- People — the individuals whose data is processed in your Workspace: your candidates, employees, or, where you are a Partner, those of your clients.
- Order Form — the document recording commercial scope, fees, and term. Where an Order Form or Statement of Work conflicts with these Terms, that document prevails.
2. The Service
2.1 What Everday does
Everday does the legwork behind people decisions and hands back evidence. Companies constantly decide about people: who to hire, who to move, who to keep. Before each of those decisions sits a body of preparatory work. Everday performs that work inside the systems you already run, and returns the result with its reasoning and its sources.
The engagement is not a tool licence alone. Everday configures the Platform, connects it to your systems, tunes it against your real cases, and then operates it. What proportion of that work is performed by Everday's personnel and what proportion by Everday's agents is Everday's responsibility, not yours.
2.2 What the Platform is used for
The Platform prepares, evidences and executes work supporting people decisions. Typical uses include:
- gathering and structuring the evidence behind recruitment decisions, including screening, scoring and ranking candidates against role requirements, with the evidence for each candidate returned to your systems;
- internal mobility, redeployment, work-to-work and outplacement processes;
- skills measurement, gap analysis and development planning;
- workforce visibility and planning;
- validated assessments and structured conversations with People;
- research and enrichment through the market intelligence agent, where you instruct it, which can retrieve publicly available professional information about companies, roles and people.
2.3 Decisions are made by people, not by the Platform
This is the commitment the rest of these Terms rests on, so it is stated precisely.
What Everday does. Everday designs, configures and operates the Platform so that Output is decision-support: evidence, with its sources and its reasoning, prepared for a person to act on. Where Everday configures or operates an Agent for you, that Agent does not issue a decision about a person. Sign-offs are recorded in the Workspace as acts by identified humans, with a timestamp and the evidence that was in front of them.
What Everday does not do. Everday does not build, operate, endorse or stand behind automated decision-making about people. No Everday-delivered configuration produces a decision with legal or similarly significant effect on a person, within the meaning of Article 22 GDPR, without meaningful human involvement.
What you must not do. The Platform lets you build and configure your own Agents. You may not configure the Platform, or use its API, to produce or execute a decision with legal or similarly significant effect on a person without meaningful human review. Meaningful means a person with the authority and the information to reach a different conclusion actually considers the case. An approval step that automatically confirms whatever the Platform proposes does not satisfy this.
Where responsibility sits. If you configure the Platform outside these limits, you do so as deployer and controller, on your own instruction and your own risk. Everday's Output remains advisory in character and is not warranted as a basis for a decision taken without human judgment. Everday may require you to change a configuration that breaches this section, and may suspend it under section 8.2 if you do not.
2.4 Other limits
- The Platform does not perform emotion recognition in the workplace and does not infer emotional state from voice, face or text. Voice notes are transcribed to text and used as text. Behavioural and cognitive profiling uses validated instruments, scored deterministically, never a model's impression of a person.
- The Platform does not conduct covert monitoring of individual behaviour or productivity. Patterns across many People may become organisational insight; an individual's behaviour does not.
- The Platform does not process payroll.
2.5 Availability of features
Features are offered only when they exist. Self-service configuration is offered under an explicit early-access label until generally available, and nothing in these Terms should be read as a commitment to deliver a feature that has not been agreed in an Order Form.
3. Your responsibilities
3.1 Eligibility and authority
The Platform is for use by organisations. By using it you confirm you act for an organisation and are authorised to bind it, and that you have the authority to instruct Everday to process the personal data you make available.
3.2 Accounts
You are responsible for the confidentiality of credentials and for activity under your accounts, for maintaining accurate account information, and for promptly removing access from people who should no longer have it.
3.3 Lawful use
You are responsible for ensuring your use complies with applicable law, including data protection law, employment and equal-treatment law, works council and co-determination obligations, and the rules applying to you as a deployer of an AI system. Where a decision supported by the Platform requires notice to, or consultation with, People or their representatives, that is yours to give.
3.4 What you configure, you own
Where you build an Agent, set a threshold or filter, or define a rule that advances or excludes a person, you own that configuration and its effects. Everday will explain what a configuration does and will advise against one it considers unsafe. It will not choose the threshold for you, and advising you does not transfer the responsibility.
3.5 Licence and restrictions
Subject to these Terms and payment of fees, Everday grants you a non-exclusive, non-transferable, non-sublicensable right to use the Platform for your internal business purposes for the term of your Order Form. Partners receive a right to embed or resell only where an Order Form expressly says so, and on the terms it sets.
You may not reverse-engineer or attempt to derive the source code of the Platform except to the extent that restriction is unenforceable under applicable law, use the Platform to build a competing product, or remove or obscure proprietary notices.
4. Data
4.1 Your data is yours
Data in your Workspace belongs to you. It is workspace-scoped and isolated from other customers, exportable in a structured, commonly used format, and deletable, subject to section 4.4.
4.2 We do not train on your data
Everday does not train models on your Customer Data, and its agreements with model providers prohibit them from doing so. Everday improves its generalised models across engagements, and what compounds there is de-identified patterns of work and skills. Your records do not. Where the boundary between a generalised pattern and a record is not obvious, it is drawn in your favour.
4.3 Roles under data protection law
For Customer Data, you are the controller and Everday the processor. Where you are a Partner and the data belongs to your client, your client is the controller, you are the processor, and Everday is a sub-processor; Everday's obligations run to you and, through you, to your client. Processing is governed by the Data Processing Agreement, which forms part of these Terms. Everday's subprocessors are listed in the Trust Center; you will be notified of changes and may object on data protection grounds.
4.4 Retention and deletion
Retention periods are set out in the Privacy Policy and the Data Processing Agreement. On request or on termination, Everday deletes or anonymises Customer Data within the periods stated there, except where law requires retention.
Raw ingested source material is stored immutably so that the record can be re-derived and so that evidence remains auditable. Erasure reaches that layer too, through a documented procedure completed within the statutory period.
4.5 Confidentiality
Each party will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and disclose it only to those who need it and are bound to equivalent obligations. This survives termination.
5. Transparency and explainability
Every fact in the record carries its source. Every recommendation carries its reasoning: the inputs, the steps, the evidence and the confidence behind it.
Where the Platform interacts directly with a person, that person is told they are interacting with an automated system.
6. Intellectual property
6.1 Ownership
Everday owns the Platform, its underlying software, models, generalised patterns, and all improvements. You own your Customer Data and your configuration, including any methodology you express as a playbook. Nothing transfers ownership except as expressly stated.
6.2 Deliverables from Services
Unless an Order Form says otherwise, materials Everday creates specifically for you in the course of the Services are licensed to you for your internal use for the term, and Everday retains ownership of the generic engines, capabilities and components underneath them.
6.3 Portability
Rather than transferring ownership of software, Everday commits to portability: your data is exportable and your configuration is declarative and inspectable.
6.4 Feedback
Everday may use suggestions you provide without obligation.
7. Fees
Fees, currency, invoicing and payment terms are set in the Order Form. Pricing is typically an implementation fee plus a recurring licence, sized per engagement and scaled on agreed dials such as agents, sites and agent runs. Usage beyond the included volumes is charged at the rates in the Order Form. Fees exclude VAT.
8. Term, suspension, termination
8.1 Term
These Terms run for the term of your Order Form.
8.2 Suspension
Everday may suspend access where necessary to protect the Platform, its customers, or People, where a configuration breaches section 2.3, or where required by law. Except in an emergency, Everday will give notice and an opportunity to cure first.
8.3 Termination
Either party may terminate for material breach not cured within 30 days of written notice, or on the notice period in the Order Form.
8.4 On termination
Access ends. You may export your Customer Data during a window of 30 days after termination, after which Everday deletes or anonymises it in accordance with section 4.4 and the Data Processing Agreement. Everday will not withhold your data as leverage in a commercial dispute.
9. Warranties and disclaimers
Everday warrants that it will perform the Services with reasonable skill and care, and that the Platform will perform materially as described in the documentation.
The Platform produces probabilistic Output. Everday does not warrant that Output is complete or free of error, that it is suitable as the sole basis for any decision, or that operation will be uninterrupted. Output is not legal, medical, or professional advice.
Except as stated in this section, in an Order Form, and to the extent permitted by law, the Platform and Services are provided without further warranties, express or implied.
10. Liability
10.1 Excluded damages
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, or loss of goodwill.
10.2 Cap
Each party's total aggregate liability under these Terms is limited to the greater of the fees paid or payable in the twelve months preceding the event giving rise to the claim, or €1,000,000, which is covered by our insured liability.
10.3 What is never capped
Nothing limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, wilful misconduct, or any liability that cannot be limited under applicable law.
10.4 Mutuality
The limitations in this section apply to both parties.
11. Indemnities
Everday will defend you against third-party claims that the Platform infringes intellectual property rights, and will pay damages finally awarded, provided you notify us promptly, let us control the defence, and cooperate.
You will defend Everday against third-party claims arising from your Customer Data, from your configuration of the Platform, from your use of Output in breach of these Terms or of applicable law, or from decisions you make.
12. Security and incidents
Everday maintains the technical and organisational measures described in the Trust Center. Everday notifies you without undue delay of a personal data breach affecting your data, and provides the information you need to meet your own notification obligations.
13. Changes to these Terms
Everday may update these Terms. For changes that materially reduce your rights or increase your obligations, Everday will give at least 30 days' notice before they take effect, and you may terminate before the effective date if you do not accept them.
14. General
Assignment. Neither party may assign without the other's consent, except to a successor in connection with a merger or sale of substantially all assets, on notice.
Subcontracting. Everday may use subcontractors and subprocessors and remains responsible for their performance.
Severability. If a provision is invalid, the rest stands.
Waiver. Failure to enforce is not waiver.
Entire agreement. These Terms, the Order Form, the Data Processing Agreement and the documents referenced in them are the entire agreement, and supersede prior communications.
Order of precedence. Order Form, then Data Processing Agreement, then these Terms.
Governing law and jurisdiction. These Terms are governed by Dutch law. Disputes are subject to the exclusive jurisdiction of the courts of Rotterdam, the Netherlands. The parties will attempt to resolve a dispute informally first.
15. Contact
Everday B.V. Stationsplein 45, Unit D3.118 3013 AK Rotterdam The Netherlands
General: hello@ever.day · Privacy: privacy@ever.day · Data protection officer: dpo@ever.day