SelectWiser Terms and Conditions

1. Definitions

In these terms and conditions the following definitions apply:

• SelectWiser: La Forte Investments, trading as "SelectWiser", established in Amsterdam, provider of the AI-supported candidate analysis platform.
• Customer: The legal entity or natural person who creates an Account and uses SelectWiser's Services.
• Platform: The SelectWiser web platform, accessible at selectwiser.nl, including all associated functionality, APIs and integrations.
• Services: All functionality offered by SelectWiser, including but not limited to: creating vacancies, receiving applications, AI analysis of application documents, reporting and dashboards.
• Analysis: The (AI-supported) analysis of application documents based on a CV and/or cover letter, resulting in scores, summaries and points of attention to support human assessment.
• Candidate: A natural person whose application documents are processed and analysed through the Platform.
• Application Documents: CVs, cover letters and other documents supplied by or on behalf of the Candidate.
• Account: The personal or company-linked access to the Platform created on registration.
• SEPA direct debit mandate: The mandate the Customer grants SelectWiser to collect amounts due by direct debit.

2. Applicability

2.1 These terms and conditions apply to all offers, agreements and deliveries of Services by SelectWiser to the Customer.

2.2 By creating an Account and/or using the Services, the Customer agrees to these terms and conditions.

2.3 Any differing terms of the Customer apply only if and insofar as SelectWiser has accepted them explicitly and in writing.

2.4 SelectWiser may amend these terms. Changes are announced at least 30 days before they take effect, through the Platform or by email. Continued use of the Services after they take effect is deemed acceptance of the amended terms.

3. Services

3.1 Description of the Services

SelectWiser provides an AI-supported platform for processing and analysing job applications. The Services may include:

• Creating and managing vacancies (with or without AI support);
• Receiving applications through a unique application link or webhook integration;
• Automatic text extraction from PDF, Word (.doc/.docx) and images (JPEG/PNG);
• AI analysis of application documents, including:
  • Technical score (approx. 60%): skills, experience and match with the role;
  • CMA score (approx. 40%): Contextual Match Analysis of the cover letter and writing (structure, specificity, relevance and fit with the role's requirements);
  • Total score: weighted average of both scores (technical plus CMA);
  • Summary, points of attention and advice;
  • Interview questions (where applicable);
• A dashboard with an overview of vacancies, candidates and statistics;
• Automated email notifications to candidates (for example acknowledgements and status updates);
• Export of candidate data and analyses.

SelectWiser may adjust the content and scope of the Services from time to time, provided the Platform's core functionality is not eroded without cause.

3.2 Fair use per Vacancy

Within a Vacancy all Analyses are included in the Vacancy price; there is no separate charge per Candidate. To prevent one Vacancy being reused for several roles, an adjustable upper limit applies.

• By default the upper limit is 250 Analyses per Vacancy.
• The Customer can raise this limit through the Platform but cannot lower it below 50. Raising it carries no extra cost.
• The number of Analyses does not affect the price of the Vacancy.
• Candidates who arrive after the limit is reached are stored but not analysed automatically.
• If the limit is raised, those waiting candidates are analysed after all.

3.3 Supported file formats

The following file formats are supported in principle:

• PDF (.pdf)
• Microsoft Word (.doc, .docx)
• Images (JPEG, JPG, PNG)

Maximum file size per file: 10 MB. SelectWiser may adjust file limits or supported formats where technically necessary.

3.4 Availability

SelectWiser aims for Platform availability of 99.5% on an annual basis. Planned maintenance is announced at least 48 hours in advance wherever possible, through the Platform or by email.

SelectWiser is not liable for temporary or other unavailability caused by circumstances beyond its reasonable control, including but not limited to failures at third parties (such as AI service providers and hosting providers), force majeure, network outages, cyberattacks or government measures.

4. Account and access

4.1 Registration

To use the Platform the Customer must create an Account. Creating an Account is free of charge. The Customer warrants that all details provided at registration are accurate, complete and current.

4.2 Security

The Customer is responsible for keeping sign-in details confidential and for all activity that takes place through the Account. If misuse or unauthorised access is suspected, the Customer must inform SelectWiser immediately.

4.3 SEPA direct debit mandate

A valid SEPA direct debit mandate is required to start a paid Vacancy. Without an active mandate no new paid Vacancy can be started; Analyses within an already invoiced Vacancy remain possible. Creating an Account and the first free Vacancy are possible without a mandate.

5. Prices and payment

5.1 Price structure

SelectWiser uses a pay-per-use model:

• €99.00 per Vacancy (excluding 21% VAT), with unlimited Analyses within that Vacancy;
• A Customer's first Vacancy is free of charge;
• No setup fees;
• No monthly subscription fees;
• No contractual minimum purchase.

A Vacancy is charged once, at the moment the first Analysis within that Vacancy is carried out. If a Vacancy stays open across several months, no second invoice follows.

An Analysis covers the full processing of one Candidate's application (CV and/or cover letter) including scores, summaries, advice and any interview questions.

5.2 Invoicing

Invoicing takes place monthly in arrears, based on the Vacancies charged in the preceding month. Invoices are preferably collected automatically through the SEPA direct debit mandate.

5.3 Payment term for manual payment

Where no direct debit takes place, a payment term of 14 days from the invoice date applies.

5.4 Non-payment

In the event of late payment:

• the Customer is in default by operation of law, without further notice of default being required;
• the Customer owes interest for late payment of 1.5% per month (or the statutory commercial interest rate, if higher) on the outstanding amount;
• SelectWiser may suspend access to paid functionality of the Platform;
• all reasonable judicial and extrajudicial collection costs are borne by the Customer.

5.5 Price changes

SelectWiser may change its prices. Price changes are announced at least 30 days before they take effect. If prices rise by more than 10% at once, the Customer has the right to stop using the Services with no obligations beyond costs already incurred.

6. Conditions of use

6.1 Permitted use

The Customer may use the Platform solely for:

• Processing applications for its own vacancies;
• Gaining insight to support recruitment and selection processes;
• Improving its own recruitment processes internally.

6.2 Prohibited use

The Customer is prohibited from, among other things:

• Using the Platform for discriminatory purposes or contrary to equal treatment legislation;
• Basing decisions solely on AI analyses without any human assessment;
• Reverse-engineering, decompiling or otherwise attempting to reconstruct the software, AI models or algorithms;
• Selling or making available Analyses, reports or Platform access to third parties (other than internal use within its own organisation);
• Using the Platform for illegal activities;
• Uploading or distributing malware, viruses or other harmful code;
• Circumventing or undermining the security or integrity of the Platform;
• Overloading the Platform (for example through unauthorised automated bulk uploads);
• Uploading Application Documents without a valid legal basis under Article 6 GDPR and, where required, the (explicit) consent of the Candidate concerned.

6.3 Responsibility for content

The Customer is fully responsible for all content uploaded through the Account, including vacancy texts, notes and Application Documents. SelectWiser is not responsible for the content, accuracy or lawfulness of that content.

7. AI analysis and automated processing

7.1 Nature of the AI analysis

Analyses are carried out with the help of external AI service providers (including OpenAI or comparable providers). Analyses are intended as an aid supporting the recruitment process, not as a replacement for human assessment.

7.2 Profiling and human assessment

The scores and signals generated by SelectWiser may qualify as profiling. The Customer ensures meaningful human assessment and does not take decisions on a solely automated basis (Article 22 GDPR).

The AI generates scores, summaries and recommendations but takes no binding decisions on hiring or rejecting Candidates. The Customer remains responsible for the final decisions at all times. The Customer will not take decisions based solely on automated processing and will ensure meaningful human assessment (Article 22 GDPR).

7.3 Limitations and disclaimer

SelectWiser does not warrant that:

• AI analyses are entirely free of error or complete;
• the scores are entirely objective or free of bias;
• the recommendations lead to successful or suitable appointments.

The Customer must always combine AI analyses with its own professional judgement and responsibility.

8. Data protection and privacy

8.1 GDPR compliance

Both parties undertake to comply with the General Data Protection Regulation (GDPR) and the Dutch GDPR Implementation Act (UAVG). For details on the processing of personal data, SelectWiser refers to its Privacy Statement at selectwiser.nl.

8.2 Roles and data processing agreement

Insofar as SelectWiser processes personal data on the Customer's instructions (for example Candidate data), SelectWiser acts as processor and the Customer as controller.

The data processing agreement (Article 28 GDPR) forms an integral part of the agreement and can be consulted at selectwiser.nl/privacy-policy or on request via legal@selectwiser.com.

For its own purposes (such as account management, invoicing, security and product improvement) SelectWiser acts as controller itself.

8.3 The Customer's responsibility towards Candidates

The Customer warrants that:

• a valid legal basis exists for processing Candidate data (for example performance of a contract, legitimate interest or consent);
• Candidates have been adequately informed about the use of AI analysis;
• Candidates are able to exercise their privacy rights with the right party;
• the Customer itself complies with all relevant legal obligations towards Candidates.

8.4 Retention periods

Application data is retained in accordance with SelectWiser's Privacy Statement, in line with the guidance of the Dutch Data Protection Authority (as a rule 4 weeks after the procedure ends, or 12 months with the Candidate's explicit consent).

9. Intellectual property

9.1 SelectWiser's ownership

All intellectual property rights in the Platform, the underlying software, AI models, documentation, visual identity, logos and other materials rest with SelectWiser or its licensors.

9.2 The Customer's right of use

SelectWiser grants the Customer a limited, non-exclusive, non-transferable and revocable right to use the Platform insofar as necessary to use the Services.

9.3 Ownership of the Customer's content

The Customer retains all rights to the content it uploads (such as vacancy texts). SelectWiser receives a limited right to use that content, solely to deliver the Services and improve the Platform (insofar as permitted under the Privacy Statement).

9.4 Generated output

Analyses, scores and reports generated by the AI may be used by the Customer for internal recruitment purposes. Further commercial exploitation or distribution to third parties is not permitted without SelectWiser's prior written consent.

10. Liability

10.1 Limitation of liability

SelectWiser's total liability towards the Customer is limited to the amount of fees paid by the Customer in the 12 months preceding the event giving rise to liability, with an absolute maximum of €25,000.

10.2 Exclusion of certain damages

SelectWiser is in no event liable for:

• indirect or consequential damage;
• lost profit or loss of revenue;
• loss of data, provided SelectWiser has taken reasonable backup and security measures;
• damage resulting from decisions the Customer takes on the basis of AI analyses;
• damage resulting from temporary or other unavailability of the Platform or external services;
• damage resulting from unauthorised use of the Customer's Account;
• damage caused wholly or partly by the Customer acting or failing to act contrary to these terms.

10.3 Nature of the Service

SelectWiser is an aid. Ultimate responsibility for all recruitment and selection decisions rests with the Customer at all times.

11. Indemnity

The Customer indemnifies SelectWiser against all third-party claims (including from Candidates) arising from:

• the Customer's use of the Platform;
• breach of these terms and conditions;
• breach of applicable laws and regulations (including the GDPR and equal treatment legislation);
• infringement of third-party rights (such as privacy rights or intellectual property rights) caused by the Customer's content or conduct.

12. Confidentiality

Both parties are obliged to keep confidential all confidential information they receive from each other in the course of their cooperation.

Confidential information includes in any event: company data, technical information, pricing arrangements, Candidate data and all information expressly designated as confidential.

This obligation applies during the cooperation and for 2 years after it ends, unless the law requires a longer period.

13. Duration, use and termination

13.1 Duration and nature of the relationship

The legal relationship between SelectWiser and the Customer is entered into for an indefinite period from the moment the Customer creates an Account and accepts these terms.

There is no fixed contract term, no notice period and no subscription obligation. The Customer pays only for Analyses actually carried out (pay-per-use).

13.2 Stopping use and deleting the Account

The Customer may at any time:

• stop using the Platform; and/or
• delete the Account through the Platform (where available) or by request to SelectWiser.

Deleting the Account counts as ending use of the Services, without prejudice to the obligation to pay for Analyses already carried out and outstanding invoices.

Certain data (such as invoice data, logs and Candidate data) may still be retained after the Account is deleted, insofar as necessary under legislation or the Privacy Statement.

13.3 Suspension and termination by SelectWiser

SelectWiser may suspend use of the Platform, in whole or in part, or terminate the legal relationship with immediate effect, in cases including:

• serious or repeated breach of these terms by the Customer;
• non-payment for longer than 30 days;
• misuse, or reasonable suspicion of misuse, of the Platform;
• bankruptcy, suspension of payment or liquidation of the Customer;
• reasonable suspicion of fraudulent or illegal use.

13.4 Consequences of termination

After use ends (through Account deletion or termination by SelectWiser):

• the right of access to the Platform for new Analyses lapses;
• for up to 30 days after termination the Customer may request an export of available data (vacancies, candidates and analyses) through the Platform or support, insofar as technically and legally permitted;
• data is then deleted or anonymised in accordance with the Privacy Statement and statutory retention periods;
• all Analyses already carried out and outstanding invoices remain fully payable.

14. Force majeure

Neither party is liable for failing to perform obligations, or failing to perform them on time, where this results from force majeure. Force majeure includes: failures at external service providers (including AI platforms, hosting providers and payment processors), natural disasters, war, terrorism, pandemics, strikes, government measures, network connectivity problems and prolonged power outages.

15. Governing law and disputes

15.1 These terms and conditions and all related legal relationships are governed exclusively by Dutch law.

15.2 The parties will first attempt to resolve any disputes by mutual consultation.

15.3 If that does not succeed, disputes are submitted to the competent court in the district of Amsterdam.

16. Other provisions

16.1 Transfer

The Customer may not transfer rights and obligations under these terms to third parties without SelectWiser's prior written consent. SelectWiser may transfer its rights and obligations in the context of, for example, a change of corporate structure, a merger or the sale of all or part of the business.

16.2 Severability

If a provision of these terms is void, voidable or otherwise invalid, the remainder of the terms remains in full force. The parties will replace the invalid provision with one that approximates the intent of the original as closely as possible.

16.3 Entire agreement

These terms and conditions, together with the Privacy Statement and any written supplementary arrangements, constitute the entire agreement between SelectWiser and the Customer and supersede all earlier oral and written arrangements.

16.4 Language versions

These terms and conditions are available in Dutch and in English. In the event of a difference in interpretation between the two versions, the Dutch text prevails.