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Terms and Conditions

Legal

Last updated / May 27 / 2026

1. Overview of this Agreement

  1. This Service Agreement ("Agreement") is a legal agreement between W&W Global Marketing Group GmbH ("W&W", "us" or "we"), acting on behalf of BeskarStaff, and the legal or natural person ("Customer", "you", "your"), who opens an account ("BeskarStaff Account") to use AI-powered services in the areas of candidate search, recruiting technology, and other corporate services (each a "Service"). By using the Services, you confirm that you have read and understood this Agreement and are bound by its terms.

2. Electronic Communication and Signature

  1. By registering for a BeskarStaff Account, you agree that your registration constitutes an electronic signature with the same legal effect as a handwritten signature. You consent to the electronic provision of all disclosures and notices.

3. Privacy and Data Security

  1. We collect and process personal data in accordance with our Privacy Policy. The Swiss Federal Act on Data Protection (FADP) and — where applicable — the EU GDPR apply.

  2. Our data-protection role depends on the activity:

    • (a) For the talent database we build from publicly available professional sources, and for the AI-generated scores, evaluations and inferences derived from it, W&W acts as an independent controller under Art. 6(1)(f) GDPR and Art. 31(1) FADP, based on a documented legitimate-interest balancing test; candidates retain the right to object and to opt out, as set out in our Privacy Policy. W&W is also the independent controller of your account data.

    • (b) For personal data you upload, import or otherwise input into the platform, you act as the controller and W&W acts as a processor on your documented instructions under our Data Processing Agreement (DPA), which forms part of this Agreement under Art. 28 GDPR. You retain ownership of and responsibility for that data.

    • (c) When you reveal a candidate's identity through the platform, you become an independent controller of the revealed candidate's personal data from that moment on, and you assume the controller obligations under Art. 13, 14 and 21 GDPR and Art. 19 FADP — including the candidate-facing transparency duty and the handling of any opt-out requests for your own processing of that data. W&W remains the independent controller of the same data within its own talent database. This controller-to-controller relationship is governed by Part B (Section 4) of our DPA. Further details are set out in our Privacy Policy.

  3. Data is used only for the stated purposes. We store personal data as long as necessary for providing the Services or as long as statutory retention periods exist.

  4. For example, applicant data you upload or import without further activity is deleted no later than 12 months after last use. Candidate profiles in our talent database are retained as described in our Privacy Policy. Longer retention applies where legally required.

4. Profiling, AI-Assisted Outputs and Human Oversight

  1. The Services use artificial intelligence and automated systems to process candidate data for talent search and matching — parsing and structuring profile information, generating relevance scores and other AI-based assessments and predictions about candidates' professional profiles, and enabling search and matching against a job description. This processing constitutes profiling within the meaning of Art. 4(4) GDPR, as it involves automated processing of personal data to evaluate professional aspects of candidates. These outputs are advisory and assistive only.

  2. W&W has designed the Services, in line with Art. 14 of the EU AI Act, so that the AI outputs are advisory inputs to a human recruiter, who sets the filters, reviews the ranked results, exercises independent judgment, and decides whom to contact. Accordingly, no decision producing legal effects on, or similarly significantly affecting, a natural person is taken solely on the basis of automated processing within the meaning of Art. 22 GDPR or Art. 21 FADP. Relevance scores affect the default order in which results are presented to you, but do not, on their own, accept or reject any candidate, and W&W does not make hiring or other employment decisions.

  3. As the deployer of the AI system, you undertake to operate the Services consistently with this human-in-the-loop design: you assign human oversight to competent persons in line with Art. 26(2) of the EU AI Act, you review the AI outputs and do not rely on them as the sole basis for a decision, and you do not use the Services to take decisions about natural persons solely on the basis of automated processing within the meaning of Art. 22(1) GDPR or Art. 21(1) FADP.

  4. Because AI outputs depend on the available data and the nature of machine learning, they may be incomplete or inaccurate and are provided without warranty as to their accuracy, completeness, or fitness for a particular purpose. You are responsible for reviewing and verifying the outputs and for any decision you take using them. To the extent permitted by applicable law, W&W is not liable for decisions made or actions taken in reliance on the outputs; our liability is otherwise governed by Section 8.

  5. The Services do not process or infer special categories of personal data, and must not be used to cause such data to be processed through the Services.

  6. Candidates have rights in relation to this profiling — including to request information about the logic involved in the automated processing that concerns them, to obtain human intervention, to express their point of view, and to contest any decision influenced by automated processing. These rights, and how W&W supports both you and candidates in exercising them, are set out in our Privacy Policy (Sections 7 and 12).

5. Cookies and Tracking

  1. Our website uses cookies. Necessary cookies are technically required and cannot be disabled.

  2. For analytics or marketing cookies, we obtain your explicit consent (opt-in). This can be withdrawn at any time via cookie settings.

6. Outreach and Communications

  1. BeskarStaff's automated outreach features send messages through your own connected email account or LinkedIn profile. You are the sender of these communications; W&W provides the tool and does not send messages on your behalf from its own infrastructure.

  2. You are responsible for ensuring that your outreach complies with applicable law, including anti-spam rules (in Switzerland, Art. 3(1)(o) of the Federal Act against Unfair Competition (UWG); in the EU, Art. 13 of the ePrivacy Directive (Directive 2002/58/EC)). You must obtain any consent required by law, offer recipients a way to opt out, and stop contacting anyone who has opted out.

7. Fees and Taxes

The use of Services is subject to the rates listed on the pricing page. Fee changes take effect 30 days after notification. If you are a consumer, we will give you advance notice of any fee change and you may terminate the contract without penalty before the change takes effect; if you do not terminate, the new fee applies from the next billing period.

You are obligated to pay all applicable taxes and duties. For billing questions, please contact billing@beskarstaff.com.

8. Liability

  1. We are liable without limitation for damages caused by intent or gross negligence.

  2. For simple negligence, we are liable only for direct damages and only up to the amount of fees paid to us in the last 12 months.

  3. Liability for lost profits, indirect damages, or consequential damages is — to the extent legally permissible — excluded.

  4. Nothing in these Terms excludes or limits our liability where, and to the extent that, it cannot be excluded or limited under applicable law — for example, liability for death or personal injury caused by our negligence, liability for fraud, and liability under mandatory product-liability or data-protection law.

9. Suspension and Termination

  1. Either party may terminate the contractual relationship by giving notice to the other.

  2. In case of material breaches, termination without notice is possible.

  3. We may also suspend your access to the Services, in whole or in part, where reasonably necessary — for example, if you fail to pay fees when due, if you breach the Acceptable Use provisions (Section 12), or to address a security risk, unlawful use, or a legal requirement. Where practicable we will give you advance notice, and we will restore access once the cause has been resolved.

10. Applicable Law and Jurisdiction

This Agreement is governed by Swiss law.

For contracts with companies (B2B), the exclusive jurisdiction is Zug, Switzerland. For consumers (B2C), nothing in this Agreement removes the mandatory protections of the law of the consumer's country of residence; the mandatory jurisdiction rules for consumer contracts under the Lugano Convention and the Swiss Federal Act on Private International Law (PILA) apply.

11. Intellectual Property and Ownership

  1. As between the parties, W&W (or its licensors) owns all rights in the platform, the Services, the underlying software, the talent database, the AI models, and the scores, rankings and other AI-generated outputs. Except for the limited rights expressly granted here, you acquire no ownership of, or licence to, W&W's intellectual property.

  2. You retain ownership of the data you upload, import or input. You grant W&W a limited, worldwide, royalty-free licence to host, process and otherwise use that data solely to provide and support the Services and as set out in our Data Processing Agreement.

  3. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services and the AI-generated outputs for your own internal recruiting purposes during the term and in accordance with this Agreement.

12. Acceptable Use

You agree not to, and not to allow anyone else to:

  1. use the Services to take decisions producing legal or similarly significant effects about a person solely by automated means (see Section 4), or in any way that unlawfully discriminates against individuals or groups;

  2. reverse engineer, decompile, disassemble or attempt to derive the source code, models or underlying structure of the Services, except to the extent this restriction is prohibited by applicable law;

  3. resell, sublicense, rent or otherwise make the Services available to third parties, use them to build a competing service, or use them to train machine-learning models;

  4. circumvent or interfere with the reveal/unlock mechanism, usage limits, access controls or security features of the Services;

  5. upload or input personal data you have collected unlawfully, candidate data obtained by scraping or other means outside the Services, or any special categories of personal data; or

  6. use the Services in breach of applicable law or the rights of any third party.

13. EU Consumer Right of Withdrawal (Distance Contracts)

  1. This Section applies only if you are a consumer habitually resident in the EU/EEA. (Swiss law does not provide a general right of withdrawal for distance contracts, so this Section does not apply to consumers resident in Switzerland.) You have the right to withdraw from this Agreement within 14 days of its conclusion, without giving any reason.

  2. If you ask us to begin providing the Services before the 14-day period ends, you (a) expressly consent to immediate performance, and (b) acknowledge that you lose the right of withdrawal in respect of Services that have been fully performed, and that for Services performed only in part you will pay a proportionate amount for what has been provided up to the moment you withdraw.

  3. To withdraw, you may use the model withdrawal form, send any clear statement (for example, an email to support@beskarstaff.com), or use the withdrawal function on our website where we provide one (an electronic withdrawal function under Art. 11a of the Consumer Rights Directive, inserted by Directive (EU) 2023/2673, applies from 19 June 2026). On a valid withdrawal we reimburse any amounts paid for the not-yet-performed part within 14 days.

14. General Provisions

  1. Severability. If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be replaced by a valid one that comes as close as possible to its original intent.

  2. Entire agreement. This Agreement — together with the Privacy Policy, the Data Processing Agreement and the Service Level Agreement — is the entire agreement between the parties regarding the Services and supersedes any prior arrangements on the same subject. Where the processing of personal data is concerned, the Data Processing Agreement prevails in case of conflict.

  3. No waiver. If we do not enforce a provision, or delay in doing so, that is not a waiver of our right to enforce it later.

  4. Notices. We give notices to the email address registered with your BeskarStaff Account; you send notices to us at support@beskarstaff.com.