Candidate Terms of Service

These Candidate Terms of Service (“Terms”) govern the use of the Platform provided by Pynea Technology Limited, a company registered in England and Wales under company number 12574306, whose registered office is at 3rd Floor 1 Ashley Road, Altrincham, Cheshire WA14 2DT (referred to as “Pynea”, “we”, “us” or “our” in these Terms) by Candidates (referred to as “Candidate”, “you” or “your” in these Terms).

By confirming your acceptance of these Terms by ticking the ‘Accept’ box (or similar) on the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Platform and are not granted any rights to use the Platform.

Please ensure you read these Terms in full. Of all the matters covered in these Terms, below are the top 5 things we think you should be aware of:

1. You must create an account to use the Platform.
2. You must be 18 or over to accept these Terms and use the Platform.
3. You agree to use all reasonable security practices to prevent unauthorised access or damage to the Platform. This includes, but is not limited to:
   1. ensuring that your log-in details and passwords are:
      1. not shared with anyone else; and
      2. are changed as and when prompted by us or the Platform.
   2. telling us immediately if you think that log-in details or passwords are being or may be used in an unauthorised way or that the security of the Platform has been compromised in any other way.
4. The contract formed on the basis of these Terms shall commence on the date you accept these Terms on the Platform and shall continue until terminated in accordance with the provisions of these Terms.

1. Pynea grants you a limited, non-exclusive, non-transferable, revocable right and licence to access and use the Platform for your personal purposes only to assist you with applying for roles at Hirers.
2. If you use our mobile or desktop app to access the Platform you must also comply with our Mobile App End User Licence Agreement.

1. We will provide the Platform to you as set out in these Terms.
2. We will endeavour to make the Platform available 24 hours a day, seven days a week but we may need to take the Platform offline for planned or unscheduled maintenance. We will try our best to give you reasonable notice of such maintenance, where possible.
3. We may update or change our Platform from time to time to improve performance, enhance or introduce new functionality, reflect changes in the law or address security issues.

1. If you want to learn more about the Platform or have any problems using it please take a look at our support resources at www.pynea.com/resources.
2. If you wish to contact us for any reason please email our customer service team at support@pynea.com.

1. You shall:
   1. provide us with all necessary co-operation in relation to these Terms and your use of the Platform;
   2. provide us with all necessary access to such information as may be required by us in order to provide the Platform, including but not limited to Your Data; and
   3. comply with the Acceptable Use Policy at all times.
2. You shall not:
   1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between us and except to the extent expressly permitted under these Terms:
      1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means; or
      2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform;
   2. use the Platform to provide services to third parties;
   3. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform available to any third party;
   4. attempt to obtain, or assist third parties in obtaining, access to the Platform;
   5. introduce or permit the introduction of any Virus or Vulnerability into the Platform or our network and information systems;
   6. access, store, distribute or transmit any Viruses during the course of using the Platform.

We will process your personal data in accordance with our Privacy Policy.

1. You understand and agree that the Platform will use AI Functions. This includes using Your Data (including any personal data). Examples of our AI Functions include reviewing Your Data, such as your CV and responses to questions, to provide insights to Hirers on a candidate’s suitability for a role and how they compare against other candidates.
2. You will be asked to agree that Your Data can be used by our AI Functions upon signing up to the Platform. If you do not agree that we can use Your Data in such a way then you should not agree to such use and not use the Platform.
3. Our AI Functions are subject to ongoing development and optimisation.

1. The Platform is merely a tool to connect you with Hirers. We are not a recruitment agency. We do not guarantee that you will be able to apply for a specific role, be suitable for a specific role, be offered an interview for a specific role or be successful in applying for any specific role. Any such decisions are made by Hirers.
2. Should you be successful in being offered employment with a Hirer, any contracts in relation to such a role will be between you and the Hirer. We are never a party to a contract with you except the one created on the basis of these Terms. No employment relationship is created between us.
3. We do not control job descriptions posted by Hirers or how Hirers conduct an interview process. These decisions are made by the Hirer and we are not responsible for these matters.

You acknowledge that the Platform may enable or assist you with accessing the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party websites made available via the Platform.

1. The Platform is provided to you on an "as is" basis.
2. We do not warrant that:
   1. your use of the Platform will be uninterrupted or error-free;
   2. the information obtained by you through the Platform will meet your requirements;
   3. the Platform can, or should, be used as a substitute for appropriate and suitably qualified legal, financial, tax, accounting, recruitment and other professional advice;
   4. the Platform will be free from Vulnerabilities or Viruses; or
   5. any third-party services accessed through the Platform will perform as expected or meet your requirements.
3. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

1. You acknowledge and agree that Pynea and/or its licensors own all intellectual property rights in the Platform and Feedback. Except as expressly stated herein, these Terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Platform.
2. "PYNEA" and the PYNEA logo are UK registered trademarks of Pynea Technology Limited. You are not permitted to use them without our approval.

1. You:
   1. shall own all right, title and interest in and to all of the Your Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such data;
   2. warrant that the receipt and use of Your Data by us shall not infringe the rights, including any intellectual property rights, of any third party; and
   3. hereby grant us a worldwide, limited, royalty-free, fully-paid up, non-exclusive, sub-licensable licence to use the Your Data as necessary to provide the Platform (including the AI Functions), share Your Data with Hirers, or as otherwise instructed by you.
2. We recommend that you create a back up of Your Data to protect yourself in case of problems with the Platform.

1. We both undertake that at no time during the duration of this contract, and for a period of two years after termination, disclose to any person any Confidential Information, except as permitted by clause 15.2.
2. Each of us may disclose Confidential Information:
   1. to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes exercising its rights or carrying out its obligations under or in connection with these Terms. Each of us shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses Confidential Information comply with this clause 15; and
   2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
3. Neither of us shall use Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with these Terms.

1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
2. Pynea's total aggregate liability to you shall not exceed £100.

1. You may end the contract formed on the basis of these Terms at any time by simply closing down your account or letting us know at support@pynea.com.
2. We may immediately suspend your access to the platform if:
   1. you breach the Acceptable Use Policy;
   2. you breach any provision of these Terms in a significant way; or
   3. you take any action that, in our reasonable opinion, has caused, or is likely to cause, us to suffer loss or harm the reputation of Pynea.
3. We may terminate the contract formed on the basis of these Terms with immediate effect by giving written notice to you if you commit a material breach of any provision of these Terms and (if such breach is remediable) fail to remedy that breach within a period of 7 days after being notified in writing to do so. A material breach includes any breach of the Acceptable Use Policy.
4. We may terminate the contract formed on the basis of these Terms at any time by giving you 14 days’ written notice.
5. On termination of the contract formed on the basis of these Terms for any reason:
   1. The licence at clause 4.1 shall immediately terminate and you shall immediately cease all use of the Platform;
   2. we will both destroy or return to the other all of their documents and materials (and any copies) containing, reflecting, incorporating or based on the other's Confidential Information; and
   3. we may destroy or otherwise dispose of any of the Your Data in our possession.

1. We are not responsible for events outside our control. If our provision of the Platform is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
2. We may change these Terms (including any policies referred to in them) at any time. We will seek to provide you with reasonable notice of changes unless we need to make a change with immediate effect. Your continued use of the Platform after having been notified of changes will be deemed your agreement to those changes and they will take effect immediately.
3. Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
5. We may transfer this contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
6. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
7. No rights for third parties. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
8. Notices.
   1. All notices in relation to this contract must be in writing. When given by:
      1. you to us, they must go to this email address: legal@pynea.com; or
      2. us to you, they must go to the email address registered to your account,
   2. Any notice shall be deemed to have been received upon transmission, or, if this time falls outside business hours, when business hours resume.
9. Which laws apply to this contract and where you may bring legal proceedings. These Terms, their subject matter and their formation, are governed by English law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.