Terms of Service

These Terms of Service (the "Terms") are a legally binding agreement between you and Orihost ("Orihost", "we", "us", or "our") governing your access to and use of Applico, including the website at applico.orihost.com, associated subdomains, applications, APIs, and related services (collectively, the "Service").

By creating an account, clicking to accept, or accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.

If you use the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

Applico is a software-as-a-service platform that provides application form creation, applicant tracking, team-based review, analytics, and related tools for organizations. Features vary by subscription plan. We may add, modify, or remove features from time to time as part of the ordinary evolution of the Service.

You must be at least 16 years old (or the age of digital consent in your jurisdiction, if higher) to create an account. To use the Service, you must register with accurate and complete information and keep it up to date.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not authorized by you. You must notify us promptly at [email protected] of any suspected unauthorized use or security breach. We are not liable for any loss or damage arising from your failure to protect your credentials.

The Service allows users to create organizations, invite members, and assign roles with varying permissions. The owner and administrators of an organization control access to that organization's data, including the ability to add or remove members, change roles, and delete data.

As between you and Orihost, the organization is responsible for: (a) the actions of its members within the organization; (b) the content of the forms it publishes and the lawfulness of the data it collects through them; and (c) its members' compliance with these Terms. If you join an organization, you acknowledge that its owner and administrators may access, modify, and delete data within that organization, including content you contribute.

You agree not to, and not to permit any third party to:

• use the Service in violation of any applicable law or regulation, including data protection, employment, anti-discrimination, export control, and sanctions laws;
• upload, collect, transmit, or distribute content that is unlawful, infringing, defamatory, harassing, hateful, fraudulent, deceptive, obscene, or otherwise objectionable;
• use the Service to collect special categories of personal data (such as health, biometric, or genetic data, or data revealing racial or ethnic origin, political opinions, religious beliefs, or sexual orientation) unless you have a lawful basis and all required consents to do so;
• probe, scan, or test the vulnerability of the Service, breach or circumvent any security or authentication measures, or access non-public areas of the Service or accounts of others;
• interfere with or disrupt the integrity or performance of the Service, including by imposing an unreasonable load on our infrastructure, or use automated means (bots, scrapers) to access the Service except through documented interfaces;
• send unsolicited communications (spam), phishing messages, or use the Service to harvest personal data without consent;
• reverse-engineer, decompile, or disassemble any part of the Service, except to the extent such restriction is prohibited by applicable law;
• copy, resell, sublicense, rent, lease, or otherwise commercially exploit the Service without our prior written consent;
• remove, obscure, or alter any proprietary notices, or misrepresent your affiliation with Orihost;
• use the Service to develop a competing product or service, or to benchmark the Service for publication without our consent; or
• circumvent usage limits, plan restrictions, or metering (including AI usage quotas), including by creating multiple accounts or organizations for that purpose.

We may investigate suspected violations and may remove or disable access to any content that we reasonably believe violates these Terms or applicable law, without prior notice.

The Service offers free and paid subscription plans. Paid plans are billed in EUR on a recurring basis through our third-party payment providers. By subscribing, you authorize us and our payment providers to charge your selected payment method the applicable fees, plus any applicable taxes, at the start of each billing period until you cancel.

Fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, levies, or duties, other than taxes on our net income. If you fail to pay fees when due, we may suspend or downgrade your access to paid features after reasonable notice.

We may change our prices. Price changes for existing subscribers take effect no earlier than 30 days after we provide notice, and apply from your next billing period. If you do not agree to a price change, your sole remedy is to cancel before it takes effect.

You may cancel your subscription at any time through the billing page. Upon cancellation, you retain access to paid features until the end of your current billing period, after which your organization reverts to the free plan. Your data is retained, but features exclusive to paid plans are disabled. You may resume a cancelled subscription before the end of the billing period.

Except where required by applicable law, all fees are non-refundable and non-creditable, including for partial billing periods, downgrades, or unused features.

EU/EEA consumers: if you are a consumer in the European Economic Area, you may have a statutory 14-day right of withdrawal. By purchasing a subscription, you expressly request that we begin providing the Service immediately and acknowledge that you lose your right of withdrawal once the Service has been fully performed, and that if you withdraw during the 14-day period, you owe us a proportionate amount for the Service provided up to the time of withdrawal. Nothing in these Terms limits any non-waivable statutory rights you hold as a consumer.

"User Content" means all content submitted to the Service by or on behalf of you or your organization, including form configurations, application submissions, uploaded files, and organization branding. As between you and Orihost, you retain all rights in your User Content.

You grant Orihost a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and create derivative works of (solely for formatting and technical purposes) your User Content, in each case solely as necessary to provide, secure, and improve the Service, comply with law, and enforce these Terms. This license ends when the User Content is deleted from the Service, subject to reasonable backup retention periods.

You represent and warrant that you have all rights necessary to grant this license and that your User Content, and our use of it as permitted by these Terms, does not and will not infringe or misappropriate any third party's rights or violate any applicable law.

We do not pre-screen User Content and assume no obligation to monitor it, but we reserve the right to remove or disable access to any User Content at any time if we reasonably believe it violates these Terms or applicable law.

Organizations using the Service to collect personal data from applicants act as independent data controllers of that data. Orihost processes applicant data on the organization's behalf and on its documented instructions, as a data processor, solely to provide the Service. The allocation of data protection responsibilities is described further in our Privacy Policy.

As a controller, each organization is solely responsible for:

• establishing and documenting a lawful basis for collecting and processing applicant data;
• providing applicants with all legally required notices and obtaining any required consents;
• responding to applicants' requests to exercise their data protection rights;
• complying with all laws applicable to its recruitment or selection processes, including employment, anti-discrimination, and automated decision-making laws; and
• the accuracy, quality, and lawfulness of the applicant data it collects and its instructions to us.

If you are an applicant who submitted data through a form hosted on the Service, the organization that published the form — not Orihost — determines how your data is used, and you should direct privacy requests to that organization.

Certain paid features use artificial intelligence, including machine-learning models provided by third parties, to assist with application screening, form generation, and search ("AI Features"). By using AI Features, you acknowledge and agree that:

• Outputs are assistive only. AI-generated summaries, scores, flags, and other outputs ("Outputs") are probabilistic, may be inaccurate, incomplete, biased, or misleading, and are provided for informational purposes only. Outputs do not constitute advice of any kind.
• Human review is required. You must not make any decision that produces legal or similarly significant effects concerning an individual — including hiring, admission, selection, or rejection decisions — based solely on Outputs. You are responsible for ensuring meaningful human review of all Outputs before acting on them, and for complying with all laws governing automated decision-making and profiling, including Article 22 GDPR and any applicable AI-specific regulation in your jurisdiction.
• Responsibility for use. You are solely responsible for your use of, and reliance on, Outputs, and for evaluating their accuracy and appropriateness for your use case. As between you and Orihost, and to the extent permitted by law, you own the Outputs generated from your data; given the nature of machine learning, Outputs may not be unique across customers.
• Processing by AI providers. Data submitted to AI Features may be processed by third-party AI model providers as subprocessors. We contractually require that such data is not used to train their models.
• Quotas and availability. AI Features are subject to monthly usage quotas, rate limits, and fair-use controls, and may be modified, throttled, or discontinued at any time. We may change underlying models without notice where the change does not materially degrade the feature.

We make no representation or warranty of any kind with respect to Outputs, and we disclaim all liability arising from your use of or reliance on them to the maximum extent permitted by law.

The Service interoperates with third-party services, including payment providers, authentication providers, and AI model providers. Your use of a third-party service is governed by that third party's terms, and we are not responsible for third-party services, their availability, or their acts or omissions, except as expressly stated in our Privacy Policy with respect to subprocessors.

The Service, including its software, design, user interface, logos, and documentation, and all related intellectual property rights, are and remain the exclusive property of Orihost and its licensors. Except for the limited right to access and use the Service in accordance with these Terms, no rights are granted to you by implication, estoppel, or otherwise. You may not use our trademarks, logos, or brand elements without our prior written consent.

If you provide suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation or compensation to you.

We may offer features identified as alpha, beta, preview, early access, or similar ("Beta Features"). Beta Features are provided "as is", may be modified or discontinued at any time without notice, may be subject to additional terms, and are excluded from any availability or support commitments. We have no liability arising out of or in connection with Beta Features to the maximum extent permitted by law.

You may stop using the Service and delete your account at any time. We may suspend or restrict your access to the Service, or any part of it, immediately and without prior notice if we reasonably believe that: (a) you have materially breached these Terms; (b) your use poses a security risk to the Service or any third party, or may subject us or others to liability; (c) suspension is required by law; or (d) fees you owe are overdue. Where practicable, we will provide notice and an opportunity to cure before or promptly after suspension.

We may terminate your account for material breach that remains uncured after reasonable notice, or immediately for serious violations (including unlawful use, security abuse, or non-payment). We may also terminate free accounts that have been inactive for an extended period, with reasonable prior notice.

Upon termination, your right to use the Service ceases immediately. For 30 days following termination (except termination for serious violations), you may request an export of your User Content in a commonly used format, after which we may delete it in accordance with our Privacy Policy. Sections that by their nature should survive termination survive it, as set out in Section 22.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL RELATED CONTENT AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ORIHOST EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY CONTENT OR DATA WILL NOT BE LOST OR CORRUPTED, OR THAT ANY OUTPUT WILL BE ACCURATE OR RELIABLE. YOU ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT COPIES OF DATA THAT IS IMPORTANT TO YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING MANDATORY CONSUMER GUARANTEES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ORIHOST OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS; (C) ANY LOSS OR CORRUPTION OF DATA OR COST OF SUBSTITUTE SERVICES; OR (D) ANY DAMAGES ARISING FROM DECISIONS MADE, OR ACTIONS TAKEN OR NOT TAKEN, IN RELIANCE ON THE SERVICE OR ANY OUTPUT — IN EACH CASE HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ORIHOST AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (II) FIFTY EUROS (EUR 50).

THE FOREGOING EXCLUSIONS AND LIMITATIONS DO NOT APPLY TO: (A) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) LIABILITY ARISING FROM FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE A CONSUMER, YOU MAY HAVE MANDATORY STATUTORY RIGHTS THAT THESE TERMS DO NOT AFFECT. THE PARTIES ACKNOWLEDGE THAT THE PRICING OF THE SERVICE REFLECTS THIS ALLOCATION OF RISK.

If you use the Service in the course of a business, trade, or profession, you agree to defend, indemnify, and hold harmless Orihost and its affiliates, officers, directors, employees, and agents from and against any claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your User Content, including applicant data you collect; (b) your use of the Service, including your use of or reliance on Outputs and any decision you make concerning an applicant; (c) your breach of these Terms or violation of applicable law; or (d) your infringement or misappropriation of any third party's rights.

We will provide you with prompt notice of any such claim and reasonable cooperation (at your expense). We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense. You may not settle any claim in a manner that imposes obligations or admissions on us without our prior written consent. This section does not apply to consumers to the extent prohibited by applicable law.

Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, power or internet failures, denial-of-service or other attacks, and failures of third-party hosting or telecommunications providers. The affected party will use reasonable efforts to mitigate the impact of the event.

These Terms, and any dispute or claim arising out of or in connection with them or the Service, are governed by the laws of the jurisdiction in which Orihost is established, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

The parties will first attempt in good faith to resolve any dispute informally by contacting each other (for us: [email protected]). If a dispute is not resolved within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of the place where Orihost is established.

If you are a consumer residing in the EU/EEA, this section does not deprive you of the protection of mandatory provisions of the law of your country of residence, or of your right to bring or defend proceedings in the courts of that country.

We may modify these Terms from time to time. For material changes, we will provide reasonable advance notice (for example, by email or an in-product notice) of at least 14 days before the changes take effect, except where a change is required by law or addresses an urgent security issue, in which case it may take effect immediately. The "Last updated" date above reflects the current version.

If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent, and any attempted assignment in violation of this section is void. We may assign these Terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, provided the assignee assumes our obligations under these Terms.

Entire agreement. These Terms, together with the Privacy Policy and any additional terms we present for specific features, constitute the entire agreement between you and Orihost regarding the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, regarding its subject matter.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and, if it cannot be enforced, will be deemed modified to the minimum extent necessary to make it enforceable or, failing that, severed; the remaining provisions will remain in full force and effect.

No waiver. Our failure or delay to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later. A waiver is effective only if in writing and signed by an authorized representative of Orihost.

Survival. Sections 8 (license to User Content, for the retention period), 9, 10, 12, 14 (post-termination provisions), 15, 16, 17, 19, and 22, and any other provision that by its nature should survive, will survive any termination or expiration of these Terms.

No third-party beneficiaries. These Terms do not create any rights enforceable by any person who is not a party to them, except that Orihost's affiliates, officers, directors, employees, and agents may enforce the provisions that protect them.

Independent parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Orihost.

Export and sanctions. You represent that you are not located in, or a resident or national of, any country or territory subject to comprehensive sanctions, and that you are not on any applicable restricted-party list. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Service.

Notices. We may provide notices to you by email to the address associated with your account or through the Service. Notices to us must be sent to [email protected].

Language. These Terms are drafted in English. If we provide a translation, the English version prevails to the extent permitted by applicable law.

If you have questions about these Terms, contact us at [email protected].