1. Definitions
In these Terms of Use, the following terms have the meanings set out below:
- "Service" means the Zyverno cloud-based recruitment and applicant tracking platform, including all features, updates, and related documentation provided by Zyverno Limited, registered in England and Wales.
- "Customer" means any legal entity or natural person acting in a professional capacity that subscribes to the Service.
- "User" means any individual authorised by the Customer to access and use the Service under the Customer’s account.
- "Candidate" means any natural person whose personal data is processed through the Service as part of the Customer’s recruitment activities.
- "Customer Data" means all data, including personal data of Candidates and Users, that is uploaded, entered, or otherwise transmitted to the Service by or on behalf of the Customer.
- "Subscription" means the contractual arrangement under which the Customer gains access to the Service for a defined period and plan tier.
- "AI Features" means the artificial-intelligence-powered functionalities within the Service, including but not limited to Lina AI screening interviews, CV parsing, candidate scoring, and automated communication drafting.
2. Acceptance & Modifications
By accessing or using the Service, the Customer and each User agrees to be bound by these Terms of Use. If you do not agree, you must not access or use the Service.
Zyverno Limited reserves the right to modify these Terms at any time. Material changes will be notified at least 30 days in advance via email or in-app notification. Continued use after the effective date constitutes acceptance.
3. Service Description
Zyverno is a cloud-based applicant tracking system (ATS) and recruitment management platform that provides:
- Applicant tracking: pipeline management, candidate profiles, duplicate detection, and candidate history.
- AI-powered screening: automated and semi-automated screening interviews via Lina AI (chat and voice modes), CV parsing, and candidate scoring.
- Communication tools: email and SMS outreach, customisable templates, and invitation management.
- Calendar & scheduling: interview scheduling, calendar integration, and availability management.
- Analytics & reporting: pipeline analytics, recruitment metrics, and performance dashboards.
- Team collaboration: multi-user accounts, role-based access control, and organisational settings.
- Billing & subscription management: plan selection, invoicing, and payment processing.
4. Account Registration & Security
The Customer must register an account and provide accurate, complete information. The Customer is responsible for:
- Maintaining the confidentiality of all authentication credentials.
- All activities that occur under its account.
- Promptly notifying Zyverno Limited of any unauthorised access or security breach.
Authentication is handled via one-time passcode (OTP) delivered by email. Tenant isolation is enforced at the application level.
5. Subscription, Fees & Payment
- Plan tiers: various plans with differing feature sets, usage limits, and pricing.
- Billing cycle: fees billed in advance on a monthly or annual basis.
- Non-refundable: all fees are non-refundable except as required by applicable law.
- Auto-renewal: subscriptions automatically renew unless cancelled before the renewal date.
- Price changes: at least 30 days’ prior notice; effective at next renewal.
6. Permitted Use & Restrictions
The Customer may use the Service solely for lawful recruitment and talent management. The Customer shall not:
- Reverse engineer, decompile, or disassemble the Service.
- Copy, modify, or create derivative works.
- Sublicense, sell, or distribute access to the Service.
- Use the Service in violation of any applicable law or third-party right.
- Exceed usage quotas or interfere with the Service.
- Upload malicious code or harmful data.
7. AI-Powered Features
- Advisory only: AI-generated outputs (scores, assessments, recommendations) are advisory and do not constitute binding decisions.
- Human oversight required: a qualified human must review all AI assessments before any employment decision. No fully automated decisions with legal or significant effects on a Candidate.
- No guaranteed accuracy: AI outputs may contain errors or biases. The Customer is responsible for verification.
- EU AI Act commitment: Zyverno Limited is committed to operating AI Features in compliance with the EU AI Act, including transparency, documentation, and bias monitoring.
8. SMS Communications
If you provide your phone number when applying for a job processed through our platform, you may receive SMS messages from the recruiting company regarding your application. These messages may include interview invitations or reminders.
You can opt out of SMS communications at any time by replying STOP to any message. To resume messages, reply START. For help, reply HELP. Message and data rates may apply.
Customers (recruiting companies) using our platform must ensure they have obtained proper consent from candidates before sending SMS messages through the platform. It is the Customer’s responsibility to comply with all applicable telecommunications regulations, including the Telephone Consumer Protection Act (TCPA) in the United States.
9. Customer Data & Ownership
The Customer retains all ownership rights in Customer Data. Zyverno Limited receives a limited licence to process it solely for providing the Service.
- Processor role: Zyverno Limited acts as data Processor on behalf of the Customer (Controller) under the GDPR.
- Anonymised analytics: Zyverno Limited may generate anonymised, aggregated data for Service improvement.
- Data export: the Customer may export its data at any time during the Subscription.
10. Intellectual Property
All IP rights in the Service remain the exclusive property of Zyverno Limited. Feedback provided by the Customer may be used without restriction.
11. Third-Party Integrations
Third-party services are governed by their own terms. Zyverno Limited is not responsible for their availability or performance. The Customer is responsible for compliance with third-party terms.
12. Service Availability
Zyverno Limited will use commercially reasonable efforts to maintain availability. No guaranteed uptime unless a separate SLA has been agreed. Scheduled maintenance may temporarily interrupt access. Downtime from force majeure, third-party outages, or misuse is excluded.
13. Warranties & Disclaimers
The Service will perform materially in accordance with its documentation. Otherwise:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." ZYVERNO LIMITED DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. Limitation of Liability
- Cap: total liability shall not exceed the fees paid during the 12 months preceding the claim.
- Excluded damages: no liability for indirect, incidental, special, consequential, or punitive damages.
15. Indemnification
- By the Customer: indemnify Zyverno Limited from claims arising from misuse, Terms violation, or third-party rights infringement.
- By Zyverno Limited: indemnify the Customer from IP infringement claims, provided prompt notification and cooperation.
16. Term & Termination
- Term: remains in effect while the Customer maintains an active Subscription.
- Termination for cause: either party may terminate with 30 days written notice if a material breach is not cured.
- Data export: 30-day window after termination; then data may be deleted.
- Survival: IP, liability, indemnification, confidentiality, and general provisions survive termination.
17. Confidentiality
Each party agrees to treat as confidential all non-public information disclosed by the other party. Exceptions: publicly available information, prior knowledge, independent development, and legal requirements.
18. Data Protection
Zyverno Limited processes personal data in compliance with the UK GDPR, the Data Protection Act 2018, and the EU GDPR (Regulation (EU) 2016/679). See our Confidentiality Charter for full details.
- Roles: Customer = Controller; Zyverno Limited = Processor.
- DPA: available upon request.
- Sub-processors: listed in the Confidentiality Charter.
- Supervisory authority: the Information Commissioner’s Office (ICO), United Kingdom.
19. General Provisions
- Governing law: the laws of England and Wales.
- Jurisdiction: the courts of England and Wales.
- Force majeure: neither party liable for failures beyond reasonable control.
- Severability: invalid provisions do not affect remaining provisions.
- Entire agreement: these Terms + Subscription agreement + DPA + Confidentiality Charter.
- No waiver: failure to enforce is not a waiver.
- Assignment: Customer may not assign without written consent. Zyverno Limited may assign in connection with a merger or acquisition.