Last updated: 16.04.2023
Thank you for your interest in our services. These Terms of Service (“Terms“) are a legally binding agreement between Atlas Intelligence GmbH ("Atlas", “the Company”, “we” or “us”) and you (“Customer” or “you”) and constitute the legal basis for your access and use of Atlas Source ("Platform" or „Solution“).
Please read the Terms carefully before using our Services. By accessing our Services, you acknowledge that you have read and understood these Terms, as well as our Privacy Statement, which is incorporated herein by reference.
Direct competitors and consumers are strictly prohibited from using the Platform without our written permission.
Subject to the provisions of these Terms, Atlas grants Customer the non-exclusive, non-sublicensable, non-transferable and limited right to use the Platform. The number of licenses that may be used is specified in the proposal.
The Platform is to be used and accessed exclusively for your internal business use and for the your own operations.
The platform enables customers to search public data sources for suitable employees by specifying their candidate requirements. Atlas reserves the right to modify the list of sources searched at any time, including removing sources from the search results. However, Atlas has no control over the content of third-party platforms.
Based on the customer's search query, the platform generates a list of potential candidates. Customers can select and save individual candidates from the list in their own pools, which can be shared with other users from the same organization. Each customer has its own organization. Each user within an organization must have the same email domain. The customer can manage the users assigned to their account via an admin user account. Only the admin user has the authority to add or remove users.
Atlas cannot guarantee the accuracy, completeness, or timeliness of the profiles searched or displayed, or the actual suitability (including qualifications and expertise) or interest (including willingness to relocate or switch jobs) of the potential candidates displayed with respect to the customer's open position. The same applies to KPIs provided by Atlas, such as code or probability of change scores.
Atlas does not contact potential candidates on behalf of the customer. It is the customer's sole responsibility to comply with all applicable laws, including competition law prohibitions on spamming or unreasonable harassment, when contacting or soliciting potential candidates. This also includes complying with the terms of use or other general terms and conditions applicable to the use of third-party platforms for contact purposes.
After completing the registration process, you will be enrolled in a free trial period that is outlined in the current service description. At the end of the trial phase, your account will be automatically blocked. If you wish to continue using the platform, you must enter into a separate agreement with payment obligations to continue the service. Atlas will provide you with the opportunity to enter into such an agreement before the trial phase ends..
The use of Candidate Profiles and other information or services obtained through the Atlas Services is solely for identifying potential employment candidates and initiating initial contact with them. It is important to respect the personal rights of the candidates and comply with any relevant third-party terms and conditions.
The platform is to be used solely for lawful purposes by the customer. In particular, the customer agrees to:
Violation of these terms will not be tolerated, and Atlas reserves the right to suspend or terminate the customer's access to the platform immediately and at its sole discretion.
To register for the platform, you will need to provide the following information: your company name, contact details (including contact name, email, and address). Once registered, you will receive a login ID and password to access your initial admin account, which can only be administered by an authorized employee within your organization. This account allows you to view usage statistics and manage user accounts within the specified quota. Additionally, with this admin account, you can continue to manage end users independently.
It is essential that the customer maintains the confidentiality of all login information to prevent unauthorized access to the Atlas platform. If Atlas suspects unauthorized access, we reserve the right to block the user account and, in extreme cases, the admin account until the matter is resolved.
Our Services may include links to third-party websites or services. You acknowledge and agree that Atlas does not assume responsibility for the availability or accuracy of such websites or services, nor the content, products, or resources provided by them. Unless otherwise indicated by Atlas, links to third-party sites or services do not establish any affiliation or business relationship between Atlas and those sites or services.
By using such third-party websites or services, you assume all associated risks. You also agree to comply with the terms and conditions of any third-party websites or services you choose to use.
Invoicing will be done exclusively by email to the email address provided by the customer. Payment will be made by bank transfer to the bank account specified in the invoice. The customer is responsible for ensuring proper payment of the invoiced amount.
Payment for invoices must be made in full within 14 days of the invoice date. Failure to complete payment within this period will result in the customer being considered in default without further notice.
You have the right to cancel the services provided by us with a one-month notice period. This notice period begins on the day we receive your cancellation request and ends on the last day of the following month.
To ensure that your cancellation request is processed in a timely manner, please submit your notice of intent to cancel at least three days before the end of the current month. If you do not provide notice within this timeframe, your cancellation will be processed at the end of the following month.
Please be aware that the service will continue to be available to you during the notice period, and you will be responsible for payment of all applicable fees until the end of the notice period.
Atlas will be held liable without limitation in cases of intent or gross negligence, as well as for any injury to life, body, or damage to health.
In cases of slight negligence, Atlas will be liable only for breaches of essential contractual obligations (so-called "cardinal obligations," which are contractual obligations whose fulfillment enables proper performance of the contract in the first place and whose observance the customer may regularly rely on). However, in such cases, Atlas' liability will be limited to damages that are foreseeable and typical in the context of the respective business.
Atlas is not liable for any damages or costs resulting from any agreement between you and a candidate or any other legal relationship between you or a candidate with a third party.
Neither we nor our employees and/or agents shall be liable for any lost sales or profits, consequential damages or loss of use arising out of the Platform or the information contained therein, regardless of whether liability for damages is contractual, statutory, or otherwise.
The liability for data loss is limited to the typical effort required to restore the data, assuming that backups are made regularly and in accordance with the associated risks.
The customer may not transfer any rights or obligations arising from their contractual relationship with Atlas to third parties without prior written consent from Atlas.
Any general terms and conditions provided by the customer are not applicable. We reserve the right to modify these terms at any time, and will inform customers of any changes via the platform or email. If the customer objects to the updated terms and conditions before they take effect, both parties have the right to terminate the contract as of the date when the updated terms and conditions take effect.
Amendments and supplements to a concluded contract must be made in writing, including amendments to or cancellation of this written form requirement.
All legal relationships arising from and in connection with these terms shall be governed by German law to the exclusion of any references to other legal systems and the UN Convention on Contracts for the International Sale of Goods.
If any provision of these terms is or becomes invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be affected.