Terms of Service

1. Agreement to Terms

IMPORTANT: BY ACCESSING OR USING TOPLINER, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Appollo BV ("Company", "we", "us", or "our"), a company registered in the Netherlands (KVK: NL862477293B01).

You represent that you have the legal authority to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

TOPLINER is a research and data aggregation tool designed for professional recruitment research. The Service uses automated technologies and artificial intelligence to collect, aggregate, and analyze publicly available professional information from various sources including professional networking platforms, public databases, and company websites.

IMPORTANT: The Service is provided as a research tool only. We make no representations or warranties about the accuracy, completeness, or reliability of any data or AI-generated content. You are solely responsible for verifying all information and for how you use data obtained through the Service.

3. Account Registration and Security

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

You must be at least 18 years old to use the Service. You represent that you have the authority to bind your organization to these Terms if you are using the Service on behalf of a company.

4. Acceptable Use and User Responsibilities

4.1 Prohibited Uses

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Violate terms of service of any third-party platforms from which data is sourced
• Use the Service for any unlawful, fraudulent, or malicious purpose
• Attempt to gain unauthorized access to systems or networks
• Reverse engineer, decompile, or extract source code from the Service
• Resell, redistribute, or provide access to the Service to third parties
• Remove, obscure, or alter any proprietary notices
• Interfere with or disrupt the Service or servers

4.2 Your Compliance Obligations

YOU ARE SOLELY RESPONSIBLE FOR:

• Legal Compliance: Ensuring your use of the Service and any data obtained complies with all applicable laws, including but not limited to GDPR, CCPA, employment laws, anti-discrimination laws, and data protection regulations
• Third-Party Compliance: Ensuring your use complies with terms of service, privacy policies, and acceptable use policies of any third-party platforms (including professional networking sites) from which data is sourced
• Data Controller Obligations: Acting as the Data Controller for any candidate or third-party data you process, including obtaining necessary consents, providing privacy notices, and responding to data subject requests
• Employment Decisions: Making all hiring, recruitment, and employment decisions independently and in compliance with applicable anti-discrimination and employment laws
• Verification: Independently verifying all data and AI-generated content before use

4.3 No Liability for Your Use

We are not responsible for how you use the Service or data obtained through it. You use the Service entirely at your own risk and are solely liable for any consequences of your use.

5. Data, Intellectual Property, and Licenses

5.1 Your Configuration Data

You retain ownership of your account information, project configurations, search parameters, notes, and other content you directly create ("Your Configuration Data"). You grant us a limited, non-exclusive license to use, process, and store Your Configuration Data solely to provide the Service to you.

5.2 Third-Party Data

Professional data collected through the Service from third-party sources ("Third-Party Data") is not owned by you or by us. You acknowledge that:

• Third-Party Data may be subject to intellectual property rights, privacy rights, and other legal protections
• You are responsible for determining your legal rights to use such data
• We make no representations regarding your rights to use Third-Party Data
• You assume all risks associated with your use of Third-Party Data

5.3 Our Intellectual Property

The Service, including its software, algorithms, AI models, user interface, design, and all underlying technology, is owned by Appollo BV and protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service. You may not:

• Copy, modify, adapt, or create derivative works from the Service
• Reverse engineer, decompile, or attempt to extract source code
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks, logos, or brand elements without written permission

5.4 AI-Generated Content Disclaimer

AI-GENERATED CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES. We do not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated summaries, analyses, scores, or recommendations. You are solely responsible for:

• Independently verifying all AI-generated content
• Making your own professional judgments
• Not relying solely on AI output for any decisions
• Understanding that AI systems may produce errors, biases, or inaccurate results

We are not liable for any decisions, actions, or consequences resulting from your use of AI-generated content.

6. Payment and Subscription

6.1 Fees

Access to certain features requires a paid subscription. All fees are in EUR or USD as specified in your subscription plan. Prices are subject to change with 30 days' notice.

6.2 Billing

Subscription fees are billed in advance on a monthly or annual basis. You authorize us to charge your payment method automatically. Failed payments may result in suspension of your account.

6.3 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial months or unused portions of the Service, except as required by law.

7. Service Availability and Modifications

We strive to provide reliable Service but do not guarantee uninterrupted access. We may:

• Perform maintenance that temporarily interrupts the Service
• Modify, suspend, or discontinue features with reasonable notice
• Update the Service to improve functionality or security

We will provide advance notice for planned maintenance when possible. We are not liable for any losses resulting from Service interruptions or modifications.

8. Data Protection and Your Role as Data Controller

8.1 Your Responsibilities as Data Controller

YOU ACT AS THE DATA CONTROLLER for all third-party professional data processed through the Service. We provide tools but do not control, direct, or make decisions about how you process such data.

As Data Controller, you are solely responsible for:

• Determining purposes and means of processing personal data
• Ensuring you have a lawful basis for processing under GDPR, CCPA, or other applicable laws
• Obtaining necessary consents or relying on legitimate interests where required
• Providing privacy notices to data subjects
• Implementing appropriate technical and organizational measures
• Responding to data subject access requests, deletion requests, and other data subject rights
• Maintaining records of processing activities
• Conducting Data Protection Impact Assessments where required
• Notifying supervisory authorities of data breaches as required

8.2 Our Role as Data Processor

For third-party professional data, we act solely as a Data Processor providing technical infrastructure. We process such data only as necessary to provide the Service and in accordance with your instructions (as implemented through your use of the Service).

8.3 Data Processing Agreement

Our Privacy Policy and these Terms together constitute the data processing agreement between us. Enterprise customers may request a separate Data Processing Agreement (DPA).

8.4 No Liability for Your Processing Activities

We are not responsible for your data processing activities or compliance with data protection laws. You bear full responsibility for ensuring your use of the Service complies with all applicable data protection regulations.

9. Warranties and Disclaimers

THE SERVICE IS PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:

• Merchantability: We do not warrant that the Service is suitable for your purposes
• Fitness for Purpose: We make no representations that the Service will meet your requirements
• Accuracy: We do not warrant the accuracy, completeness, reliability, or currentness of any data, content, or AI-generated output
• Availability: We do not guarantee uninterrupted, timely, secure, or error-free operation
• Results: We make no warranties regarding results, outcomes, or benefits from using the Service
• Third-Party Data: We make no representations about the legality, accuracy, or ownership of any third-party data accessed through the Service
• Compliance: We do not warrant that the Service or data obtained through it complies with any specific laws, regulations, or third-party terms of service
• AI Systems: We do not warrant that AI systems will produce accurate, unbiased, complete, or reliable results

You acknowledge and agree that:

• AI systems may hallucinate, produce errors, exhibit biases, or generate inaccurate content
• Data from third-party sources may be inaccurate, outdated, incomplete, or obtained in violation of third-party terms
• You use the Service entirely at your own risk
• You are solely responsible for evaluating the accuracy, completeness, and usefulness of any content or data
• You will independently verify all information before making any decisions
• You will not rely solely on the Service for any important decisions

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPOLLO BV, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

10.1 Excluded Damages

We shall not be liable for:

• Indirect or Consequential Damages: Including but not limited to loss of profits, revenue, business opportunities, goodwill, or reputation
• Data-Related Damages: Loss, corruption, or unauthorized access to data
• Business Decisions: Hiring, recruitment, employment, or any other business decisions made based on Service use or data obtained through the Service
• Third-Party Claims: Claims by candidates, employees, regulatory authorities, or other third parties related to your use of the Service or data
• Compliance Issues: Fines, penalties, or sanctions for violations of GDPR, CCPA, employment laws, anti-discrimination laws, or third-party terms of service
• AI Errors: Inaccurate, biased, incomplete, or harmful AI-generated content or recommendations
• Platform Violations: Account terminations, bans, or legal actions by third-party platforms (including professional networking sites) arising from your use of the Service
• Service Interruptions: Downtime, errors, bugs, or unavailability of the Service
• Security Breaches: Unauthorized access, data breaches, or security incidents (subject to applicable mandatory liability requirements)

10.2 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The total amount you paid us in the 12 months immediately preceding the claim, OR
• €100 (one hundred euros)

10.3 Essential Basis of Agreement

These limitations of liability are fundamental elements of the agreement between you and Appollo BV. The Service would not be provided without these limitations. These limitations apply even if we have been advised of the possibility of such damages and even if any limited remedy fails of its essential purpose.

10.4 Mandatory Legal Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

11. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS APPOLLO BV, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATED TO:

• Your Use of the Service: Any claims arising from your access to or use of the Service or any data, content, or information obtained through the Service
• Terms Violations: Your breach or alleged breach of these Terms or our Privacy Policy
• Third-Party Platform Violations: Violations of terms of service, privacy policies, or acceptable use policies of any third-party platforms (including but not limited to professional networking platforms), including claims by such platforms for scraping, unauthorized data access, or terms violations
• Data Protection Violations: Violations of GDPR, CCPA, or other data protection laws, including claims by data subjects, regulatory fines, sanctions, or enforcement actions
• Employment and Discrimination Claims: Claims by candidates, applicants, or employees arising from your hiring, recruitment, or employment decisions, including but not limited to discrimination, bias, privacy violations, or wrongful termination claims
• Intellectual Property Claims: Infringement or misappropriation of intellectual property rights, including copyrights, trademarks, trade secrets, or proprietary information
• Privacy and Confidentiality Claims: Unauthorized disclosure, use, or processing of personal data or confidential information
• Regulatory Actions: Investigations, proceedings, fines, or sanctions by regulatory authorities related to your use of the Service
• Your Content and Data: Any content, data, or information you provide, upload, or process through the Service
• Third-Party Rights: Violation of any rights of third parties, including privacy rights, publicity rights, contractual rights, or other legal rights
• Negligence or Misconduct: Your negligent or willful misconduct

11.1 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of such claims. You may not settle any claim that affects us without our prior written consent.

11.2 Survival

This indemnification obligation survives termination of these Terms and your use of the Service.

12. Termination

12.1 Termination by Us

We reserve the right to suspend, restrict, or terminate your access to the Service at any time, for any reason or no reason, with or without notice, at our sole discretion. Reasons may include but are not limited to:

• Violation or suspected violation of these Terms or our Privacy Policy
• Non-payment of fees or fraudulent payment activity
• Illegal, fraudulent, or malicious activity
• Violation of third-party rights or third-party platform terms of service
• Complaints or legal threats from third parties
• Risk to the Service, other users, or our business operations
• Regulatory or legal requirements
• At our sole discretion for any other reason

12.2 Termination by You

You may terminate your account at any time by contacting us. Termination does not relieve you of any obligations under these Terms, including payment obligations for services already provided and indemnification obligations.

12.3 Effects of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• You must immediately cease all use of the Service and any data obtained through it
• You must immediately pay any outstanding fees
• We may delete your account and associated data according to our Privacy Policy
• You may request data export before termination, subject to our export policies
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, and limitations of liability

12.4 No Refunds

Unless required by applicable law, we do not provide refunds for prepaid fees upon termination for any reason, including termination by us for Terms violations.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any disputes arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

13.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the courts of The Hague, Netherlands. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to jurisdiction or venue.

13.3 Mandatory Negotiation

Before initiating any legal proceedings, you agree to first attempt to resolve the dispute informally by contacting us and engaging in good faith negotiations for at least 60 days. This informal dispute resolution process is a mandatory prerequisite to any formal legal action.

13.4 No Class Actions

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE SHALL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION.

13.5 Injunctive Relief

Notwithstanding the above, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or confidential information.

14. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or labor disputes, network or Internet failures, telecommunications failures, failures of third-party services or platforms (including professional networking platforms), government restrictions, or any other force majeure events. During such events, our obligations shall be suspended for the duration of the event.

15. Changes to Terms

We reserve the right to modify these Terms at any time, at our sole discretion. For material changes, we will provide notice by email or through the Service at least 30 days before the changes take effect. For non-material changes, we may update these Terms without prior notice by posting the modified Terms with an updated "Last updated" date.

Your continued use of the Service after changes become effective constitutes your binding acceptance of the modified Terms. If you do not agree to the modified Terms, you must immediately stop using the Service and may terminate your account.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Appollo BV regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

16.3 No Waiver

Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of any right, power, or privilege. No waiver shall be effective unless in writing and signed by us.

16.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is void. We may freely assign, transfer, or delegate these Terms and our rights and obligations without restriction or notice.

16.5 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Appollo BV and do not create any third-party beneficiary rights.

16.6 Relationship

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

16.7 Headings

Section headings are for convenience only and shall not govern the interpretation of these Terms.

16.8 Interpretation

As used in these Terms, "including" means "including but not limited to." The words "may" and "can" denote permission or ability. "Shall," "will," "must," and "agree to" denote mandatory obligations.

16.9 Language

These Terms are drafted in English. Any translation is provided for convenience only. In case of conflict between the English version and any translation, the English version shall prevail.

17. Contact Information

For questions about these Terms, legal matters, or compliance issues, contact:

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.