Terms of Service

Please read these Terms of Service ("Agreement") carefully before using the Ornelle platform. By accessing or using our services, you agree to be bound by these terms.

1. Definitions

• "Service" refers to the Ornelle applicant tracking system, website, and related services provided by Briph Inc.
• "Customer" (or "you") refers to the entity or individual subscribing to or using the Service.
• "User" means an individual authorized by the Customer to use the Service (e.g., recruiters, hiring managers).
• "Customer Data" means electronic data and information submitted by or for Customer to the Service, including candidate information.
• "Candidate" means any individual whose information is processed through the Service as an applicant or potential hire.

2. The Service

2.1 Provision of Service. Subject to this Agreement and the applicable Order, we grant you a non-exclusive, non-transferable right to access and use the Service for your internal business purposes of recruitment and hiring.

2.2 Service Availability. We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for planned downtime and force majeure events. We reserve the right to modify or discontinue features of the Service at any time, though we will aim to provide notice of material changes.

2.3 Beta Features. From time to time, we may invite you to try pre-release or beta features. These are provided "as is" and may contain bugs or errors.

3. Customer Responsibilities

3.1 Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

3.2 Compliance with Laws. You must use the Service in compliance with all applicable laws and regulations, including those regarding data privacy (GDPR, CCPA), employment, and non-discrimination. You are solely responsible for the legality of your data collection and hiring practices.

3.3 Restrictions. You shall not: (a) license, sell, or lease the Service to third parties; (b) use the Service to send unsolicited or unauthorized junk mail or spam; (c) interfere with or disrupt the integrity or performance of the Service; or (d) attempt to reverse engineer or access the source code of the Service.

4. Fees and Payment

4.1 Subscription Fees. You agree to pay all fees specified in your Order. Fees are non-refundable except as required by law or as explicitly set forth in this Agreement.

4.2 Billing. We will bill you in advance and in accordance with the billing frequency stated in your Order. If your payment method fails, we may suspend your access to the Service until payment is received.

4.3 Taxes. Fees do not include any taxes, levies, duties, or similar governmental assessments. You are responsible for paying all such taxes associated with your purchases.

5. Intellectual Property

5.1 Ownership of Service. Briph Inc owns all right, title, and interest in and to the Service, including all intellectual property rights. Nothing in this Agreement grants you any rights to the Service other than the limited access rights expressly set forth herein.

5.2 Ownership of Customer Data. You retain all right, title, and interest in and to your Customer Data. You grant us a worldwide, limited license to access, use, process, copy, and display Customer Data solely as necessary to provide the Service to you and to improve our systems (in an aggregated and anonymized form).

5.3 Feedback. If you provide us with any feedback or suggestions regarding the Service, you grant us an unlimited, irrevocable, perpetual, royalty-free license to use and incorporate such feedback.

6. Confidentiality

Each party agrees to protect the other party's Confidential Information from unauthorized use, access, or disclosure in the same manner as it protects its own Confidential Information, but in no event using less than reasonable care. "Confidential Information" includes all non-public information disclosed by a party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.

7. Data Protection

We maintain administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Data. By using the Service, you agree to our processing of data as described in our Privacy Policy and, if applicable, our Data Processing Agreement (DPA).

8. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of Liability

IN NO EVENT SHALL BRIPH INC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.

10. Term and Termination

10.1 Term. This Agreement commences on the date you first accept it and continues until all subscriptions hereunder have expired or have been terminated.

10.2 Termination. Either party may terminate this Agreement for cause if the other party is in material breach and does not cure such breach within thirty (30) days of written notice.

10.3 Effect of Termination. Upon termination, your right to use the Service will immediately cease. We will make Customer Data available for export for a limited period after termination.

11. General Provisions

11.1 Governing Law. This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles.

11.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the Service and supersedes all prior agreements.

11.3 Updates. We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

Contact Us

If you have any questions about these Terms, please contact us at support@ornelle.co.