Terms of Service

These Terms of Service (“Terms”) govern access to and use of Orchard, a software-as-a-service platform for recruitment agencies, available at orchard.works and app.orchard.works (“the Service”), operated by [LEGAL ENTITY NAME], registered with the Dutch Chamber of Commerce (KVK) under number [KVK NUMBER] (“Orchard”, “we”, “us”). By creating an account or using the Service, you agree to these Terms.

1. The Service

Orchard provides recruitment management software, including candidate and vacancy management, client and business development tools, email and calendar integrations, and AI-assisted features such as candidate matching and drafting assistance. We may modify, add, or remove features as the Service evolves.

2. Accounts and eligibility

The Service is intended for business use by recruitment professionals and agencies. You must be at least 18 years old and authorized to act on behalf of the agency you represent. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at [SUPPORT EMAIL] of any unauthorized use.

3. Subscriptions, trials, and payment

New accounts may receive a free trial period as indicated at sign-up. After the trial, continued use requires a paid subscription at the then-current pricing published on orchard.works. Fees are billed in advance per user per billing period (monthly or annually), exclusive of VAT unless stated otherwise. Subscriptions renew automatically until cancelled; cancellation takes effect at the end of the current billing period. Except where required by law, fees are non-refundable. We may change prices with at least 30 days’ notice; changes apply from your next billing period.

4. Acceptable use

You agree not to:

1. use the Service in violation of applicable law, including data protection and anti-spam legislation;
2. upload unlawful content or content that infringes third-party rights;
3. attempt to gain unauthorized access to the Service or its infrastructure;
4. resell, sublicense, or provide the Service to third parties outside your agency;
5. use the Service to send unsolicited bulk communications; or
6. interfere with the integrity or performance of the Service.

We may suspend or terminate accounts that violate this section.

5. Your data

You retain all rights to the data you and your team enter into the Service, including candidate, client, and vacancy data (“Customer Data”). You grant us a limited license to process Customer Data solely to provide and improve the Service. You are responsible for the lawfulness of the Customer Data you process, including having a valid legal basis under the GDPR for processing candidate and contact information. Our processing of personal data is described in our Privacy Policy. A data processing agreement is available on request at [SUPPORT EMAIL].

6. AI features

Parts of the Service use artificial intelligence to generate suggestions, matches, and draft content. AI output may be inaccurate or incomplete and is provided to assist — not replace — your professional judgment. You are responsible for reviewing AI-generated content before relying on it or sending it to third parties.

7. Third-party integrations

The Service can connect to third-party services (such as Google Workspace) at your instruction. Your use of those services is governed by their own terms. We are not responsible for third-party services or for changes to their availability or interfaces.

8. Availability and support

We aim to keep the Service available and performant but do not guarantee uninterrupted availability. We may perform maintenance, updates, and changes, and will use reasonable efforts to limit disruption. Support is provided via [SUPPORT EMAIL].

9. Intellectual property

The Service, including its software, design, and branding, is and remains the property of Orchard and its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription.

10. Confidentiality

Each party will keep confidential any non-public information received from the other in connection with the Service and use it only as necessary to perform under these Terms.

11. Liability

To the maximum extent permitted by law, our total aggregate liability arising out of or related to the Service is limited to the amounts you paid to us in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect or consequential damages, including lost profits, lost data, or business interruption. Nothing in these Terms limits liability for intent or gross negligence, or any liability that cannot be excluded under Dutch law.

12. Indemnity

You will indemnify us against third-party claims arising from your Customer Data or your use of the Service in violation of these Terms or applicable law.

13. Term, suspension, and termination

These Terms apply for as long as you have an account. You may stop using the Service and cancel at any time. We may suspend or terminate access for material breach of these Terms, non-payment, or where required by law. Upon termination, your right to use the Service ends; you may request an export of your Customer Data within 30 days of termination, after which we may delete it in accordance with our retention practices and the Privacy Policy.

14. Changes to these Terms

We may update these Terms from time to time. For material changes we will give reasonable advance notice via the Service or email. Continued use after the effective date constitutes acceptance of the updated Terms.

15. Governing law and disputes

These Terms are governed by Dutch law. Disputes will be submitted exclusively to the competent court in [Amsterdam / your district], the Netherlands, unless mandatory law provides otherwise.

16. Contact

[LEGAL ENTITY NAME]
[ADDRESS]
KVK: [KVK NUMBER]
Email: [SUPPORT EMAIL]

This document is a working version and may be updated as the Service develops.