Pilot Terms of Service

0. Contracting party

Unless otherwise agreed in writing, these Pilot Terms apply to the pilot service made available under the sHRark brand by the operator identified in your pilot communications with sHRark. Formal company registration details and contracting details may be confirmed in the pilot approval email, order form, or equivalent written confirmation.

1. Pilot Program

These Pilot Terms govern your organisation's access to sHRark during a time-limited pilot period ("Pilot"). The Pilot is provided free of charge and subject to the limits set out in your pilot invitation.

Default pilot limits: up to 50 CVs, up to 3 open recruitments at a time, and a 48-hour response time for support requests. Limits may be adjusted by written agreement.

Pilot access is intentionally low-friction and normally uses invited email-and-password accounts. A full-scope bank or enterprise rollout may require a signed order form, signed DPA, security annex, Microsoft Entra-based identity controls, and additional procurement/security review before production use.

2. Acceptable Use

You may use sHRark only for lawful recruitment and hiring intelligence purposes within your organisation. You must not:

• Upload candidate data you are not authorised to process.
• Use output scores as the sole basis for employment decisions.
• Attempt to reverse-engineer, scrape, or copy the platform.
• Share access credentials with third parties outside your organisation.
• Use the service to discriminate on any protected characteristic.

3. Customer Responsibilities

• You are responsible for ensuring you have a valid legal basis to upload and review candidate data.
• You are responsible for providing candidate notices required by applicable privacy, employment, and AI-related laws.
• You are responsible for configuring and using the Pilot in a lawful, non-discriminatory manner.
• You must independently review all candidate-facing and employment decisions and must not rely on sHRark as legal advice, HR advice, or compliance advice.

4. Data and Privacy

You remain the data controller for all candidate personal data you upload. sHRark acts as a data processor. By using the Pilot you agree to our Privacy Policy and our DPA and confirm you have a lawful basis to process each candidate's data.

Candidate data is processed on Azure resources configured for the service's EU runtime. You may request deletion of your organisation's data at any time by contacting privacy@shrark.com.

5. AI Scoring Disclaimer

AI scores are decision-support tools, not binding recommendations. You are responsible for all final hiring decisions. See our AI Disclaimer for full details on how scores are generated and their limitations.

6. Confidentiality

Each party agrees to keep the other's non-public information confidential and not to disclose it to third parties without prior written consent. Your candidate data is never used to train AI models for other organisations.

7. Availability and Warranty

During the Pilot, sHRark is provided "as is" without warranty of any kind. We will make reasonable efforts to maintain uptime but do not guarantee availability. The Pilot may be extended, modified, or ended with 7 days' notice.

To the maximum extent permitted by law, sHRark does not warrant that the Pilot is error-free, uninterrupted, suitable for a particular hiring process, or sufficient by itself to satisfy the customer's regulatory, employment-law, AI-governance, or privacy obligations.

8. Security Incidents and Cooperation

If we confirm a security incident affecting customer personal data, we will notify the customer without undue delay and, where feasible, no later than 72 hours after confirmation. We will provide commercially reasonable information then available so the customer can assess and perform its own legal or regulatory notification duties where required.

9. Limitation of Liability

To the extent permitted by law, sHRark's liability for any claim arising from the Pilot is limited to €100. We are not liable for indirect, consequential, or punitive damages, including hiring decisions made using AI scores.

The customer is solely responsible for candidate sourcing, legal basis, notices, retention choices, employment decisions, and compliance with workplace, anti-discrimination, privacy, and AI-related laws applicable to its use of the Pilot.

The customer will defend and indemnify sHRark against third-party claims arising from unlawful or unauthorized data uploads, discriminatory use, unlawful employment practices, or misuse of the service, except to the extent finally determined to have been caused by sHRark's willful misconduct.

10. Suspension and Termination

We may suspend, restrict, or terminate access to the Pilot if we reasonably believe the service is being used unlawfully, insecurely, or in a way that creates material legal, security, or operational risk.

11. Intellectual property and feedback

sHRark and its licensors retain all rights, title, and interest in the service, software, documentation, and related materials, excluding customer data. If the customer provides product feedback, suggestions, or pilot observations, sHRark may use them to improve the service without restriction or payment obligation, provided this does not disclose the customer's confidential information publicly.

12. Governing Law

These terms are governed by Polish law. Any dispute shall be resolved by the courts of Warsaw, Poland.

13. Contact

Questions about these terms? pilot@shrark.com