Terms of Service
Updated: 30/04/2024
These Terms of Service ("Terms", "Terms of Service") govern your use of the Everday Analyzer software platform ("Service"), operated by Everday B.V. ("Everday", "we", "us", "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you may not use the Service.
1. Use of the Service
1.1 Eligibility
You must be at least 18 years old to use the Service. By using the Service, you confirm that you are legally capable of entering into a binding agreement and that you meet this age requirement.
1.2 Access to the Service
You may access the Service only if you have a valid account. During registration, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
1.3 License
We grant you a non-exclusive, non-transferable, limited license to use the Service for your personal or internal business purposes, subject to these Terms. You may not use the Service for any illegal or unauthorized purpose, and you may not resell, sublicense, or otherwise distribute the Service without our prior written consent.
1.4 Compliance with Laws
You are responsible for ensuring that your use of the Service complies with all applicable laws, rules, and regulations, including data protection laws.
2. Service Description
Everday Analyzer provides a tool to augment LinkedIn profile data with additional insights. The Service allows users to access relevant information directly while navigating the LinkedIn platform, enabling more informed decisions for hiring teams.
3. Data Privacy and Protection
3.1 Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, process, and protect your personal data. By using the Service, you acknowledge and agree to the practices outlined in the Privacy Policy.
3.2 Data Processing Agreement
If you are located within the European Economic Area (EEA), you will enter into a Data Processing Agreement with Everday Analyzer, which will govern our processing of personal data on your behalf. You may request a copy of this agreement by contacting us.
4. Intellectual Property
4.1 Ownership
All intellectual property rights in the Service, including software, content, trademarks, and other features, are owned by Everday B.V. and its licensors. You are granted no rights or licenses in any of our intellectual property except as explicitly provided in these Terms.
4.2 Restrictions
You agree not to reproduce, modify, distribute, or create derivative works based on the Service or any of its content without our express written consent. You are also prohibited from reverse-engineering or attempting to extract the source code of our software unless expressly permitted by law.
5. Links to Third-Party Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, policies, or practices of any third-party websites. Your interactions with third-party sites are at your own risk, and we strongly advise you to review their terms and privacy policies.
6. Termination
6.1 Termination by Everday
We may suspend or terminate your access to the Service at any time, with or without cause, and without prior notice. This includes instances where you breach these Terms or engage in activities that could harm the integrity of the Service or its users.
6.2 Termination by Your Company
You may terminate your account at any time by discontinuing your use of the Service. Upon termination, your right to use the Service will cease immediately, and we may delete any data associated with your account.
6.3 Effects of Termination
Upon termination of your account, we reserve the right to permanently delete your data from our systems. We are not liable for any loss of information resulting from account termination or suspension.
7. Limitation of Liability
7.1 Exclusion of Certain Damages
To the maximum extent permitted by law, Everday, its directors, employees, partners, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, damages for lost profits, lost data, business interruption, or loss of goodwill arising from:
- Your access to or inability to access the Service.
- Any conduct or content of any third party on the Service.
- Unauthorized access, use, or alteration of your transmissions or content.
7.2 Maximum Liability
In no event shall our total liability to you for all damages exceed the amount paid by you for using the Service in the 12 months preceding the event giving rise to the claim.
8. Disclaimer of Warranties
The Service is provided "as is" and "as available." Everday disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that:
- The Service will be available uninterrupted or error-free.
- The Service will meet your requirements.
- Any errors or defects will be corrected.
9. Indemnification
You agree to indemnify, defend, and hold harmless Everday, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your use of the Service, your violation of these Terms, or your breach of any applicable law or regulation.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in the Netherlands.
11. Dispute Resolution
In the event of any disputes or disagreements arising from these Terms or the use of the Service, the parties will first attempt to resolve the issue through informal negotiations. If the dispute cannot be resolved, it will be submitted to binding arbitration in accordance with the rules of the Netherlands Arbitration Institute.
12. Changes to These Terms
We reserve the right to update or modify these Terms at any time. If a revision is material, we will provide at least 30 days’ notice before any new terms take effect. You agree to be bound by the revised terms by continuing to use the Service after any changes become effective.
13. Miscellaneous
13.1 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
13.2 Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
13.3 Entire Agreement
These Terms constitute the entire agreement between you and Everday regarding the use of the Service and supersede any prior agreements or communications, whether oral or written.
13.4 Assignment
You may not assign these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms or any rights and obligations under them without your consent.
14. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Everday B.V.
Stationsplein 45, Unit E3.118
3013 AK Rotterdam
The Netherlands
Email: hello@ever.day