Terms of service
Updated: 21/12/2024These Terms of Service ("Terms") govern your use of the Workforce Intelligence Platform ("Service"), operated by Everday B.V. ("Everday," "we," "us," "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you may not use the Service.
1. Use of the Service
1.1 Eligibility
The Service is intended for use by businesses and their authorised representatives. By using the Service, you confirm that you are accessing it on behalf of a business or with the business's authorisation and that you are legally capable of entering into a binding agreement.
1.2 Access to the Service
You may access the Service only if you have a valid account. During registration, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
1.3 License
We grant you a non-exclusive, non-transferable, limited license to use the Service for your personal or internal business purposes, subject to these Terms. You may not use the Service for any illegal or unauthorized purpose, and you may not resell, sublicense, or otherwise distribute the Service without our prior written consent.
1.4 Compliance with Laws
You are responsible for ensuring that your use of the Service complies with all applicable laws, rules, and regulations, including data protection laws.
2. Service Description
The Workforce Intelligence Platform provides tools to analyze and manage skills within your organisation, offering AI-driven insights to enhance decision-making around hiring, upskilling, and workforce planning.
3. Data Privacy and Protection
3.1 Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, process, and protect your personal data.
3.2 Data processing agreement
If you are located within the European Economic Area (EEA), you will enter into a Data Processing Agreement with Everday, which will govern our processing of personal data on your behalf. You may request a copy of this agreement by contacting us.
4. Intellectual Property
4.1 Ownership
All intellectual property rights in the Service, including software, content, trademarks, and other features, are owned by Everday B.V. and its licensors. You are granted no rights or licenses in any of our intellectual property except as explicitly provided in these Terms.
4.2 Restrictions
You agree not to reproduce, modify, distribute, or create derivative works based on the Service or any of its content without our express written consent. You are also prohibited from reverse-engineering or attempting to extract the source code of our software unless expressly permitted by law.
5. Links to third-party websites
Our Service may contain links to third-party websites or services that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, policies, or practices of any third-party websites. Your interactions with third-party sites are at your own risk.
6. Termination
6.1 Termination by Everday
We may suspend or terminate your access to the Service at any time, with or without cause, and without prior notice. This includes instances where you breach these Terms or engage in activities that could harm the integrity of the Service or its users.
6.2 Termination by you
You may terminate your account at any time by discontinuing your use of the Service. Upon termination, your right to use the Service will cease immediately, and we may delete any data associated with your account.
6.3 Effects of termination
Upon termination of your account, Everday will retain your data for a standard retention period as required by applicable laws or business purposes. You may request a copy of your data before deletion. After the retention period expires, data will be securely deleted or anonymized.
7. Data retention and deletion
Everday will retain your data only as long as necessary to fulfill business purposes or comply with legal obligations. Retention periods are defined based on the type of data, such as 6 months for operational data and up to 7 years for financial or contractual records in accordance with applicable EU laws, including the GDPR.
Once the retention period expires, data will be securely deleted or anonymized using industry-standard methods. This policy applies to all forms of data, including backups and archived data, as well as data processed by third-party subprocessors.
8. Security incident notification
In the event of a security breach involving your data, Everday will notify you within 24 hours of detection. We will immediately assess the issue, implement containment measures to minimize risk, and conduct a thorough investigation. Regular updates will be provided, and upon resolution, a detailed incident report will be shared.
9. Limitation of Liability
9.1 Exclusion of certain damages
To the maximum extent permitted by law, Everday, its directors, employees, partners, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including damages for lost profits, lost data, business interruption, or loss of goodwill.
9.2 Maximum liability
Everday's total aggregate liability for all damages shall not exceed the greater of: (a) the total amount paid by you for the Service in the 12 months immediately preceding the event giving rise to the claim, or (b) EUR 1,000,000, which is covered by our insured liability.
9.3 Employee data usage
Everday uses employee data strictly for the purposes of training, development, and workforce planning as authorized by you. Under no circumstances will this data be used for decisions related to recruitment, dismissal, or other non-specified purposes without explicit consent from the employer and the affected individuals.
10. Disclaimer of Warranties
The Service is provided "as is" and "as available." Everday disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Indemnification
You agree to indemnify, defend, and hold harmless Everday, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your use of the Service, your violation of these Terms, or your breach of any applicable law or regulation.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in the Netherlands.
13. Dispute Resolution
In the event of any disputes arising from these Terms or the use of the Service, the parties will first attempt to resolve the issue through informal negotiations. If the dispute cannot be resolved, it will be submitted to binding arbitration in accordance with the rules of the Netherlands Arbitration Institute.
14. Miscellaneous
14.1 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.2 Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
14.3 Entire Agreement
These Terms constitute the entire agreement between you and Everday regarding the use of the Service and supersede any prior agreements or communications, whether oral or written.
14.4 Assignment
You may not assign these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms or any rights and obligations under them without your consent.