Terms of Service

By accessing or using the Qiralyx website, viRecruit platform, or any of our services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you (or the organization you represent) and Qiralyx. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We may update these Terms from time to time. Material changes will be communicated via email or through a notice on our website. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

2.1 Eligibility

• You must be at least 18 years old to use the Service
• If using on behalf of an organization, you must have authority to bind that organization
• You must provide accurate, current, and complete information when creating an account
• You must maintain and promptly update your account information

2.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use of your account
• We are not liable for any loss or damage arising from unauthorized access to your account

2.3 Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws or regulations
• Violate or infringe upon the rights of others, including intellectual property rights
• Upload, transmit, or distribute any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service
• Use automated systems (bots, scrapers) to access the Service without our prior written consent
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to transmit spam, unsolicited messages, or promotional materials
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect or harvest information about other users without their consent

2.4 User Content

You retain ownership of any content you upload, submit, or create through the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving the Service.

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit
• Your User Content does not violate any third-party rights
• Your User Content complies with all applicable laws and regulations

3.1 Subscription Plans

The Service is offered through various subscription plans. Details of available plans, features, and pricing are available on our website. We reserve the right to modify, suspend, or discontinue any plan at any time.

3.2 Fees and Payment

• Subscription fees are billed in advance according to your selected billing cycle (monthly or annual)
• All fees are stated in the currency specified at the time of purchase
• Fees are non-refundable except as required by applicable law or as explicitly stated in these Terms
• You are responsible for all applicable taxes, duties, and fees imposed by your jurisdiction
• Payment must be made through our authorized payment processors
• If payment fails, we may suspend or terminate your access to the Service

3.3 Price Changes

We may modify subscription fees at any time. For existing subscribers, we will provide at least 30 days' notice of any price increase. If you do not agree to the new pricing, you may cancel your subscription before the price change takes effect.

3.4 Renewal and Cancellation

• Subscriptions automatically renew at the end of each billing period unless cancelled
• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• You will continue to have access to the Service until the end of your paid period
• No refunds will be provided for the unused portion of a subscription period, except as required by law

3.5 Right of Withdrawal (EU Consumers)

If you are a consumer in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason. However, if you have started using the Service during the withdrawal period, you will be charged for the services provided up to the point of withdrawal.

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR).

4.1 Data Processing

• You retain ownership of all data you submit to the Service
• We act as a data processor when processing your data in accordance with your instructions
• We implement appropriate technical and organizational measures to protect your data
• We process data solely for the purpose of providing and improving the Service
• We maintain confidentiality and limit access to authorized personnel only

4.2 Data Subject Rights

We support your data protection rights as outlined in GDPR, including:

• Right of access to your personal data
• Right to rectification of inaccurate data
• Right to erasure ("right to be forgotten")
• Right to restrict processing
• Right to data portability
• Right to object to processing

For more information about your rights and how to exercise them, please see our Privacy Policy.

4.3 Data Retention

We retain your data only for as long as necessary to fulfill the purposes outlined in our Privacy Policy or as required by law. Upon termination of your account, we will delete or anonymize your data in accordance with our data retention policy, subject to legal obligations to retain certain data.

5.1 Our Intellectual Property

All intellectual property rights in the Service, including but not limited to software, code, designs, graphics, logos, trademarks, and content, are owned by Qiralyx or our licensors. These rights are protected by copyright, trademark, and other intellectual property laws.

5.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include the right to:

• Resell, sublicense, or distribute the Service
• Modify, adapt, or create derivative works based on the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices or labels

5.3 Your Intellectual Property

As stated in Section 2.4, you retain ownership of your User Content. You grant us only the limited license necessary to provide the Service.

6.1 Service Availability

We strive to provide high availability of the Service but do not guarantee uninterrupted, error-free, or secure access. The Service may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We will provide reasonable notice of scheduled maintenance when possible.

6.2 Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Service. We are not responsible for any decisions made based on information provided through the Service.

6.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QIRALYX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

Our total aggregate liability for all claims arising out of or relating to the Service shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under applicable law

6.4 Indemnification

You agree to indemnify, defend, and hold harmless Qiralyx, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

7.1 Termination by You

You may terminate your account and stop using the Service at any time by cancelling your subscription through your account settings or by contacting us. Termination of your account does not relieve you of any payment obligations accrued prior to the termination date.

7.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You violate these Terms or any applicable laws or regulations
• You engage in fraudulent, abusive, or illegal activity
• You fail to pay any fees when due
• We are required to do so by law or court order
• We discontinue the Service (with reasonable notice when possible)

7.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete your account and data in accordance with our data retention policy
• All provisions of these Terms that by their nature should survive termination will survive
• You remain liable for all fees and charges incurred prior to termination

In addition to the restrictions outlined in Section 2.3, you specifically agree not to use the Service:

• To discriminate against candidates based on protected characteristics (race, gender, religion, etc.)
• To violate employment or labor laws
• To process personal data in violation of applicable data protection laws
• To create false or misleading job postings or candidate profiles
• To engage in any activity that could harm our reputation or the Service

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Email to the address associated with your account
• Posting a notice on our website
• In-app notification

Material changes will take effect 30 days after notification (or immediately if required by law). Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

For consumers in the European Union, mandatory consumer protection laws of your country of residence also apply, and nothing in these Terms affects your rights as a consumer under such laws.

10.2 Dispute Resolution

For EU Consumers: If you are a consumer in the EU, you may bring proceedings in the courts of your country of residence or in the courts of Germany. We may bring proceedings against you in the courts of your country of residence.

For Business Users: Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Nuremberg, Germany.

Before initiating formal proceedings, we encourage you to contact us to attempt to resolve any dispute amicably.

10.3 Online Dispute Resolution (ODR)

If you are a consumer in the EU, you may use the European Commission's Online Dispute Resolution platform (available at https://ec.europa.eu/consumers/odr) to resolve disputes.

11.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Qiralyx regarding the Service and supersede all prior agreements and understandings.

11.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

11.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms or our rights and obligations hereunder to any third party without your consent.

11.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services.

If you have any questions about these Terms, please contact us: