Terms and Conditions

These Terms and Conditions ("Terms") set out the legally binding agreement (the "Agreement") on which Jobin Cloud Limited, a company incorporated in Ireland with its registered office at Cube Building, Mohan Road, Cork, Ireland – T12 H1XY ("Jobin Cloud", "we", "us" or "our") provides you or the business entity or other organization that you represent ("Customer", "you") with access to and use of the jobin.cloud website and any related domains ("Website") and to Jobin Cloud’s hosted software-as-a-service platform, and all its features and services within the Website "Services").

For the avoidance of doubt, any renewal or extension of a Subscription term (whether automatic or otherwise) constitutes a continuation of this Agreement and does not create a new, separate or replacement contract. Unless expressly agreed in writing by the parties, all renewals occur on the same Terms and Supplementary Terms then in effect, as amended from time to time in accordance with clause 11.2.

These Terms, together with any online order, pricing page, purchase flow or other written agreement referring to them, and any data processing agreement or other supplementary terms executed between Customer and Jobin Cloud (collectively, the "Supplementary Terms"), form the entire Agreement between Customer and Jobin Cloud in relation to the Services. In the event of a conflict between these Terms and any Supplementary Terms, the Supplementary Terms shall prevail with respect to the subject matter of that conflict.

By registering an account on the Website, by creating or using a guest account, by clicking to accept these Terms, or by accessing or using any of the Services, Customer acknowledges that it has read, understood and agrees to be bound by these Terms (including Jobin Cloud's privacy policy and any applicable Supplementary Terms). If Customer does not agree to these Terms, Customer must not access or use the Services.

The Services are intended solely for use by persons who are at least eighteen (18) years old and who are acting in a professional or business capacity. By accessing or using the Services, Customer represents and warrants that: (i) Customer is at least eighteen (18) years old; and (ii) Customer is acting on its own behalf as a sole trader or in its capacity as an employee, contractor, agent or representative of a business entity or other organization and is duly authorized to bind such entity or organization to this Agreement.

For the purposes of these Terms, the following additional definitions apply: "User" means any individual who is authorized by Customer to access or use the Services under Customer's account; "Customer Data" means all data, content and materials that Customer or its Users submit to, store on, or process through the Services, including but not limited to candidate and contact information, notes, comments, attachments and configuration data; "Contact Data" means business contact and related information (such as names, job titles, company names, email addresses, phone numbers, and public social media profile links) that is made available to Customer by Jobin Cloud through the Services, including through any credit-based contact finder, enrichment or AI search functionality; "Third-Party Services" means any third-party products, services, software, platforms, integrations or data sources that interoperate with or are used in connection with the Services.

1.1 Subject to Customer's continued compliance with this Agreement (including timely payment of all applicable fees), Jobin Cloud will use commercially reasonable efforts to make the Services available to Customer at least 99% of the time on a weekly basis, excluding planned maintenance windows and any unavailability caused by circumstances beyond Jobin Cloud's reasonable control (including, without limitation, force majeure events, failures of Third-Party Services, or Internet or network outages).

1.2 Jobin Cloud will use commercially reasonable efforts to respond to Customer support requests relating to the Services within two (2) business days. Customer acknowledges that response times are indicative targets only and not guarantees, and that support may be provided by email, in-product messaging or other channels at Jobin Cloud's discretion.

1.3 Jobin Cloud may establish and update from time to time reasonable limits on Customer's use of the Services, including limits on storage, data volumes, daily or monthly activity quotas, and credit consumption, as described on Jobin Cloud's pricing or documentation pages or communicated to Customer in writing. Jobin Cloud may suspend or throttle Customer's use of the Services where Customer materially exceeds such limits and fails to remedy such excess without undue delay after notice.

1.4 Access to the Services may require registration of an account on the Website. Customer is responsible for designating its Users and administrators and for managing their permissions in the Services. Jobin Cloud is entitled to rely on any instructions reasonably appearing to originate from Customer's designated administrators until it receives notice in writing that such authority has been revoked.

2.1 Customer warrants that all registration, billing, contact and account information it provides to Jobin Cloud will be current, complete and accurate and will be kept up to date at all times. Customer is solely responsible if any such information is false, incomplete or misleading, and Jobin Cloud may suspend or terminate access to the Services where materially inaccurate or untruthful information has been provided.

2.2 Customer is responsible for taking reasonable measures to protect account and billing details, including but not limited to maintaining the confidentiality and security of all usernames, passwords, API keys and other credentials associated with the Services. Customer is fully responsible for all use of the Services under its accounts, whether or not authorized, and shall promptly notify Jobin Cloud upon becoming aware of any unauthorized access to or use of the Services or any breach of security.

2.3 Where a VAT number or other tax registration number is provided during purchase of any Jobin Cloud Services, Customer is solely responsible for the accuracy and validity of such number and for the payment of all applicable taxes, levies and duties imposed by any taxing authority in connection with its purchases. If a tax authority later determines that additional taxes are due, Customer shall be responsible for such amounts and any related interest or penalties.

2.4 Jobin Cloud does not represent or warrant that the Services may lawfully be used in any or all jurisdictions. Customer is solely responsible for verifying that its access to and use of the Services (including its processing of personal data, its outreach activities and its use of Contact Data) complies with all laws and regulations applicable to Customer, its Users and its use cases.

2.5 Customer is responsible for obtaining, maintaining and securing all hardware, software, network connections and Third-Party Services necessary to access and use the Services, including but not limited to SMTP providers, CRM systems, email accounts, SMS providers, professional networking accounts and any applicable browser or mobile environments. Jobin Cloud shall have no responsibility for any failure of or changes to such third-party components.

2.6 Customer is responsible for any activity or operation it or its Users perform with the Services. Any unlawful, abusive or improper use of the Services or of information obtained from the Services is strictly forbidden, including but not limited to: (i) attempting to impersonate another user or person or misrepresenting affiliation with any person or entity; (ii) attempting to trick, defraud or mislead anyone, especially in any attempt to learn sensitive account information such as user passwords; (iii) accessing or using the Services to transmit, store or otherwise handle any content that is defamatory, obscene, harassing, hateful, discriminatory, infringing, or otherwise unlawful; (iv) sending unsolicited messages, emails, SMS or other communications that are irrelevant, unrelated or without a proper lawful basis; (v) harassing, abusing, stalking or harming another person; (vi) introducing malware, viruses, bots, or other harmful code; (vii) attempting to gain unauthorized access to any systems or networks; or (viii) using the Services to build or enhance a competing product or service.

2.7 Customer acknowledges that the Services include tools to search for, enrich and process Contact Data and to automate outreach and engagement via email, SMS, LinkedIn and other channels. Customer is solely responsible for: (i) ensuring it has an appropriate lawful basis (including, where required, freely given, specific, informed and unambiguous consent) for the collection and use of any personal data; (ii) determining whether and how to use Contact Data; (iii) the content of all messages, campaigns and outreach sequences it sends or schedules through the Services; and (iv) honoring all applicable opt-out, unsubscribe and do-not-contact requests. Customer must ensure that all such use complies with all applicable data protection, privacy, marketing and telecommunication laws and regulations, which may include, without limitation, the EU General Data Protection Regulation ("GDPR"), national laws implementing or supplementing the EU ePrivacy rules, the U.S. CAN-SPAM Act, the U.S. Telephone Consumer Protection Act ("TCPA"), national "do-not-call" rules and any similar laws in other jurisdictions. Jobin Cloud does not provide legal advice and does not monitor Customer's use of the Services for legal compliance.

2.8 Where the Services enable Customer to connect to, or act on, Third-Party Services (including but not limited to professional networking platforms, email providers, telecommunication providers, CRMs and marketing tools), Customer represents and warrants that it has all necessary rights and permissions to do so and that Customer's use of such Third-Party Services is and will remain in full compliance with all applicable third-party terms of use, policies and guidelines. Customer shall not use the Services in any manner that would cause Jobin Cloud to breach any applicable third-party terms.

2.9 Customer shall promptly address and, where required by law, respond to any inquiries, complaints or requests (including data subject requests and opt-out requests) received from individuals, regulators, platform providers or other third parties relating to Customer's use of the Services. Where permitted by law, Customer authorizes Jobin Cloud to disclose Customer's contact information to such third parties for the purpose of forwarding or facilitating the resolution of such inquiries, complaints or requests.

"Subscription": purchase of Services from specific Service packages, for a specific workgroup, with a specific duration and a specific number of seats. Each Subscription has a "Subscription Term", comprised of an initial period (the "Initial Term") and, if applicable, any subsequent renewal period(s) (each a "Renewal Term"). Each Renewal Term is an extension of the then-current Subscription Term and is not a new contract.

3.1 Access to certain Service packages, as shown on the Jobin Cloud pricing page, may require a purchase or payment of a fee ("Fees"). A valid payment method (such as a credit card) is required for payment, unless explicitly agreed otherwise in writing, or another payment method is explicitly offered by Jobin Cloud. All Fees are stated and payable in the currency indicated on the pricing or order page and, unless expressly stated otherwise, are exclusive of all taxes, levies and duties, which shall be borne by Customer.

3.2 When purchasing Subscriptions, Customer agrees to pay Jobin Cloud all Fees at the prices in effect at that time for the relevant Services and quantities and authorizes Jobin Cloud (and its payment processor) to charge Customer's chosen payment method for such amounts upon making the purchase or renewal. If Customer's purchase is subject to renewal, then Customer consents to Jobin Cloud charging Customer's payment method on a recurring basis to extend the applicable Subscription Term, without requiring Customer's prior approval for each Renewal Term, until Customer cancels the Subscription's automated renewal in accordance with these Terms. Customer acknowledges and agrees that: (i) such renewal extends and continues the existing Agreement and does not constitute a new, separate or replacement contract; (ii) cancellation of automated renewal is prospective only and is intended solely to prevent future renewals; and (iii) any renewal charge that has been successfully processed (including any authorization captured or payment settled) is final and shall not be cancelled, reversed or refunded by reason of a subsequent cancellation request, except where required by applicable law.

3.3 Subscriptions are purchased either for a monthly or yearly period and, unless cancelled in accordance with these Terms, each Subscription will automatically renew by extending the then-current Subscription Term for an additional period of the same duration as the immediately preceding period (each such additional period being a Renewal Term and not a new contract): if the previous Subscription period was for one (1) year, then the renewal will also be for a one (1) year period, unless Customer cancels the Subscription's automated renewal before the end of the then-current Subscription period. For the avoidance of doubt, cancellation of automated renewal does not terminate the then-current paid Subscription term and Customer will continue to have access to the Services until the end of that term, subject to this Agreement.

Without prejudice to the foregoing, no renewal shall operate as a novation, rescission or discharge of this Agreement, and this Agreement shall continue uninterrupted throughout the Initial Term and any Renewal Term(s).

3.4 In case of a change in pricing (such as different Services or different base price; differences arising solely from discounts or tax are not taken into account), Jobin Cloud will notify Customer, providing an option for Customer to stay with the previous Subscription's Services and prices if eligible. If no choice is made by Customer before renewal, the Subscription will automatically renew at the updated Services and prices.

3.5 Customer may cancel its automated Subscription renewal at any time via the account settings or by contacting support. Any such cancellation is effective only for future renewal cycles and will take effect at the end of the then-current paid Subscription term. Cancellation will not apply retroactively and will not: (i) cancel, reverse, or refund any Fees already charged or successfully processed for a purchase or renewal; or (ii) shorten the then-current Subscription term. No refunds or credits will be given for partial Subscription periods, unused Services, or unused time remaining in a Subscription term, except where required by applicable law.

3.6 Bundle discounts will be applied to Subscription renewals as long as the requirements for the bundle discount are met. Special discounts, coupons and coupon-based promotions are only applied to the first Subscription purchase and, unless expressly stated otherwise, do not apply to Subscription renewals.

3.7 Customer can downgrade its Subscription at any time, subject to any minimum commitments applicable to the then-current term. A downgrade will generate coupons of equal value to the Services that Customer chooses to remove from the Subscription; such coupons can be used only to modify the current Subscription. Changes to the Subscription will take effect immediately after the downgrade operation is confirmed. Any Subscription purchase will only be refunded with coupons; unspent coupons will not be refunded or redeemed for cash or any other consideration. Coupons resulting from a downgrade or plan cancellation can only be spent during the downgrade or plan cancellation process.

3.8 If Customer's Subscription renewal date is reached but Customer's payment method lacks sufficient funds, does not authenticate, is declined, or is otherwise unable to renew the Subscription, Services for that Subscription may be halted, restricted or downgraded until Customer successfully completes the renewal purchase. The Subscription's contractual start and end dates will not be altered or extended due to such non-payment period unless Jobin Cloud expressly agrees otherwise in writing.

3.9 Jobin Cloud offers a fourteen (14) day free trial to new users. The free trial offers access to Jobin Cloud features free of charge; a fourteen (14) day timer will automatically start upon Customer's first registration. This fourteen (14) day trial is intended to allow Customer to test the Services and evaluate whether they meet Customer's needs and, where applicable, to satisfy statutory cooling-off or withdrawal rights for distance contracts. At the end of the free trial period, Customer must select a Subscription, including but not limited to any available free tier, to continue accessing the Services.

3.10 Customer expressly acknowledges and agrees that Jobin Cloud does not provide refunds under any circumstances once a paid Subscription or other paid Service has been purchased. Customer further acknowledges that the fourteen (14) day free trial period offered prior to any initial purchase fully satisfies and replaces any applicable statutory withdrawal or cooling-off period to the extent permitted by law. By proceeding with any purchase, Customer affirms that it has had adequate opportunity to evaluate the Services and therefore waives any right to request a refund, cancellation, or withdrawal after payment. All Fees paid to Jobin Cloud are final, non-refundable and non-returnable.

3.11 Customer agrees not to initiate any chargeback, reversal or payment dispute except in cases of actual unauthorized payment. In the event Customer initiates a chargeback or dispute, Customer shall remain liable for all applicable Fees in full, including any Fees for the Services provided prior to the chargeback, and all fees and expenses incurred by Jobin Cloud and/or any Third-Party Services (including payment processors) as a result of such chargeback (including handling, processing charges and processor fees). Customer agrees to reimburse Jobin Cloud immediately upon written request for all such amounts and acknowledges that Jobin Cloud may suspend or terminate Customer's access to the Services until all outstanding amounts are paid in full.

3.12 Any overdue or unpaid amounts shall be subject to a late charge equal to one and one-half percent (1.5%) of the unpaid invoice amount per month (or the maximum rate permitted by applicable law, if lower), calculated from the original due date until such amounts are paid in full. Jobin Cloud reserves the right to suspend or restrict access to the Services during any period of non-payment and to recover all reasonable collection costs, including legal fees, arising from Customer's failure to make timely payment.

3.13 Customer can upgrade its Subscription at any time thanks to a top-up system. The top-up system will issue coupons of equal value to the Services that Customer has already paid for and used (determined by time) during that Subscription; Customer will therefore only be billed the difference between what has already been paid, the cost of the more expensive Subscription to which Customer wishes to upgrade and the rounded up remaining time of the Subscription. The Subscription upgrade will take effect immediately after purchase.

3.14 Certain Services, including but not limited to AI search, sourcing and the credit-based contact finder, may be priced and consumed on a credit basis ("Credits"). The number of Credits required for a given action or data retrieval, and any applicable validity or expiry periods, will be described on Jobin Cloud's pricing or documentation pages or otherwise communicated to Customer. Credits are a measurement unit for use of the Services only, have no monetary value, are non-refundable and non-exchangeable, and cannot be redeemed for cash or any other value. Unless otherwise stated in writing by Jobin Cloud, unused Credits will expire at the end of the Subscription term in which they were purchased and will not roll over to subsequent terms.

4.1 As between Jobin Cloud and Customer, Customer retains all right, title and interest in and to Customer Data. Customer hereby grants Jobin Cloud a worldwide, non-exclusive, royalty-free license for the duration of the Agreement to host, store, copy, process, transmit, display and otherwise use Customer Data solely as necessary to provide, secure, maintain and improve the Services, to provide customer support, to prevent or address service, security or technical issues, and to comply with applicable laws and legal obligations.

4.2 Jobin Cloud may generate and use aggregated, de-identified and/or anonymized data derived from Customer's use of the Services ("Aggregated Data") for legitimate business purposes, including but not limited to analytics, benchmarking, reporting, product development and improvement of the Services. Aggregated Data shall not identify Customer or any individual person.

4.3 As between the parties, Jobin Cloud and/or its licensors own all right, title and interest in and to the Contact Data, the underlying databases from which Contact Data is derived and all related intellectual property rights. Subject to Customer's continued compliance with this Agreement, Jobin Cloud grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of the Agreement to access and use Contact Data solely: (i) within the Services; and (ii) for Customer's own internal business-to-business sales, recruiting, marketing and relationship management activities, in each case in compliance with applicable law and this Agreement. Customer shall not: (A) resell, lease, license, sublicense, distribute, provide access to, or otherwise make Contact Data available to any third party (other than its Users and service providers acting on its behalf); (B) use Contact Data to create, enrich or maintain a competing database, data product or data enrichment/contact-finding service; or (C) use Contact Data for consumer credit, insurance, lending or similar high-risk eligibility decisions where applicable law imposes additional requirements.

4.4 Contact Data and other data provided by Jobin Cloud through the Services may be compiled from multiple sources, including public records, publicly available information, third-party data providers, contributions from users and automated or AI-assisted inference. Jobin Cloud does not guarantee that any Contact Data or other data will be accurate, complete, up-to-date or suitable for any particular purpose, and Customer uses such data at its own risk. Customer shall independently verify any information that is material to its decisions or outreach.

4.5 With respect to personal data contained in Customer Data that Customer submits to the Services, Customer acts as the data controller (or equivalent under applicable law) and Jobin Cloud acts as a data processor (or equivalent). With respect to personal data contained in Contact Data that Jobin Cloud makes available through the Services, Jobin Cloud generally acts as an independent data controller (or equivalent) and Customer acts as a separate controller of its own use of that data. The parties agree to comply with their respective obligations under applicable data protection laws in these roles.

4.6 The collection and processing of personal data by Jobin Cloud through the Services is further described in Jobin Cloud's privacy policy, as updated from time to time. Where required by applicable data protection law (including the GDPR), the parties may enter into a separate data processing agreement ("DPA"), which, once executed, shall form part of the Agreement and govern Jobin Cloud's processing of Customer personal data as processor. In the event of any conflict between the DPA and these Terms, the DPA shall prevail with respect to the subject matter of such conflict.

4.7 Customer is solely responsible for: (i) the lawfulness of Customer Data and of its instructions to Jobin Cloud; (ii) providing all required notices to, and obtaining all required consents from, data subjects and other third parties in connection with Customer Data and Customer's use of Contact Data; and (iii) ensuring that Customer Data does not infringe or violate any third-party rights or any applicable laws.

4.8 Following termination or expiration of the Agreement, Jobin Cloud may, but is not obligated to, retain Customer Data for a limited period for backup, archival, legal or audit purposes. Thereafter, Jobin Cloud will delete or anonymize Customer Data in accordance with its standard data retention and deletion practices, unless a longer retention period is required by law. Nothing in this clause shall require Jobin Cloud to delete or cease using Aggregated Data, which may be retained and used indefinitely.

5.1 Jobin Cloud uses third-party infrastructure, service providers and distribution channels (including, without limitation, hosting providers, network providers, telecommunication providers and data centers) to make the Website and the Services available to Customer. Jobin Cloud will use commercially reasonable efforts to provide Customer with a good level of service; however, Jobin Cloud does not warrant that the Services will be uninterrupted, error-free or available at all times and shall not be liable for any unavailability, delays, failures or other issues resulting from such third-party providers or the public Internet.

5.2 The Jobin Cloud browser extension and any integrations with third-party platforms (including, without limitation, LinkedIn and other social networks, email providers, CRMs and telecommunication providers) are not produced, endorsed or certified by such third parties. All logos, trademarks and brand names of such third parties displayed in connection with the Services are the property of their respective owners.

5.3 Jobin Cloud does not warrant or guarantee that any Contact Data or other information obtained through the Services will be accurate, complete, current or free from error, nor that any outreach, marketing, recruiting or other activities conducted using the Services will achieve any particular response, conversion rate, hire, sale or other outcome. Customer acknowledges that the Services, including their AI-assisted features, provide tools and suggestions only and that all decisions and actions based on such tools and suggestions are taken solely at Customer's own risk.

5.4 Except as expressly set out in these Terms, and to the maximum extent permitted by applicable law, the Services (including the Website, the Platform, Contact Data, any AI-generated outputs and all related documentation and materials) are provided on an "as is" and "as available" basis and Jobin Cloud expressly disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement and any warranties arising out of course of dealing or usage of trade. Without limitation, Jobin Cloud does not warrant that the Services will be free from vulnerabilities or security issues, will meet Customer's requirements, or will be compatible with any particular hardware, software or network environment.

6.1 To the maximum extent permitted by applicable law, Jobin Cloud shall not be liable for damages and/or losses resulting from: (i) Customer's use of or inability to use the Services; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) Customer's failure to act on or comply with warnings, alerts or recommendations provided by Jobin Cloud; (iv) statements or conduct of any third party on or in connection with the Services (including any Third-Party Services); or (v) Customer's inappropriate, unlawful, negligent or non-compliant use of the Services, Contact Data or any information obtained through the Services.

6.2 To the maximum extent permitted by applicable law, Jobin Cloud shall never be liable for any indirect, consequential, incidental, special, exemplary or punitive damages, including without limitation loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption or other intangible losses, arising out of or in connection with the Agreement or the use or inability to use the Services, even if Jobin Cloud has been advised of the possibility of such damages.

6.3 Jobin Cloud's total aggregate liability arising from or related to the Agreement, whether in contract, tort (including negligence), strict liability, indemnity or otherwise, will not exceed the Fees actually paid by Customer to Jobin Cloud for the Services giving rise to the claim during the six (6) month period immediately preceding the first event giving rise to such liability (the "Liability Cap"). The Liability Cap applies to: (i) any and all damages; and (ii) all claims in the aggregate, regardless of the form or theory of action. The limitations as set out in this clause 6.3 shall not apply to the extent liability cannot be limited or excluded under applicable law, including in cases of death or personal injury caused by Jobin Cloud's gross negligence, or Jobin Cloud's fraud or willful misconduct.

6.4 Customer agrees to indemnify, defend and hold harmless Jobin Cloud, its contractors, licensors and their respective directors, officers, employees, shareholders, agents and members from and against any and all third-party claims, liabilities, losses, actions, causes of action, demands, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with: (i) any operation conducted by Jobin Cloud on behalf of Customer as part of the Services, including but not limited to sending or facilitating unsolicited or unlawful communications on Customer's instructions; (ii) any Customer Data or other content submitted, stored or processed through the Services; (iii) Customer's or any User's use or misuse of the Services, Contact Data or Third-Party Services; (iv) Customer's breach of this Agreement; or (v) Customer's violation of any applicable law or third-party rights.

6.5 Jobin Cloud agrees to indemnify, defend and hold harmless Customer, its contractors, directors, officers, employees, shareholders, agents and members from and against any third-party claims alleging that the Services, when used by Customer in accordance with this Agreement and the documentation, directly infringe any valid intellectual property right of such third party, and Jobin Cloud will pay those costs and damages finally awarded by a court of competent jurisdiction against Customer (or agreed in a settlement approved by Jobin Cloud) that are attributable to such claim. The foregoing obligation shall not apply to the extent the alleged infringement arises from: (i) Customer Data or any materials provided by Customer; (ii) Customer's combination or use of the Services with other products, services, data or processes not provided by Jobin Cloud; (iii) Customer's modification of the Services; or (iv) Customer's use of the Services in breach of this Agreement. This clause 6.5 sets out Customer's exclusive remedy and Jobin Cloud's sole liability in respect of any such third-party intellectual property infringement claim.

7.1 Any violation of these Terms, any fraudulent, abusive, improper or unauthorized use of the Services, or any use of the Services in a manner that, in Jobin Cloud's reasonable opinion, poses a security risk, legal risk or risk of harm to Jobin Cloud, the Services, other customers or third parties, may result in limitation, suspension or termination of Customer's account, as Jobin Cloud deems appropriate in its sole discretion. Jobin Cloud may also suspend or limit access to the Services for non-payment in accordance with clause 3, or where required by law or by a competent regulatory or governmental authority.

7.2 Customer may terminate its use of the Services at any time by ceasing all access and use of the Services and, where applicable, cancelling its Subscription's automated renewal in accordance with clause 3.5. Termination or cancellation by Customer shall not entitle Customer to any refund, reversal or retroactive cancellation of Fees already paid, and Customer shall remain liable for any unpaid Fees accruing up to the effective date of termination, except where required by applicable law.

7.3 Upon termination or expiration of the Agreement for any reason: (i) all rights and licenses granted to Customer under the Agreement will immediately cease; (ii) Jobin Cloud may immediately deactivate or delete Customer's accounts and all associated data from the active environment of the Services, subject to clause 4.8; and (iii) Customer shall promptly pay all outstanding Fees and other amounts owed to Jobin Cloud. Customer is responsible for exporting or backing up any Customer Data it wishes to retain prior to termination, to the extent such export functionality is made available within the Services.

7.4 Clauses which by their nature are intended to survive termination or expiration of the Agreement, including without limitation clauses relating to Fees and payment, ownership, data usage, confidentiality, warranties and disclaimers, limitations of liability, indemnities, governing law and dispute resolution, and this clause 7.4, shall survive any termination or expiration of the Agreement.

8.1 As between Jobin Cloud and Customer, Jobin Cloud (and its licensors, where applicable) owns all right, title and interest in and to the Services, the Website, the underlying software, databases and data models (excluding Customer Data), Contact Data, any AI models and outputs generated by such models (excluding Customer Data embedded therein), and all related documentation, logos, trademarks and other intellectual property rights (collectively, the "Jobin Cloud IP"). Except for the limited rights expressly granted to Customer in these Terms, no rights or licenses are granted to Customer, whether by implication, estoppel or otherwise.

8.2 Subject to Customer's continued compliance with this Agreement, Jobin Cloud grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right, during the term of the Agreement, to access and use the Services and Contact Data solely for Customer's internal business purposes in accordance with these Terms and all applicable laws.

8.3 Customer retains all right, title and interest in and to Customer Data and its own trademarks, logos and branding. Customer grants Jobin Cloud a limited, non-exclusive, royalty-free license to use Customer's name and logo to identify Customer as a customer of Jobin Cloud in Jobin Cloud's marketing materials, website and customer lists, unless and until Customer notifies Jobin Cloud in writing that it revokes such permission.

8.4 Customer may, but is not obligated to, provide Jobin Cloud with feedback, suggestions, comments, ideas or other input about the Services ("Feedback"). Jobin Cloud may freely use, disclose, reproduce, license or otherwise exploit such Feedback without restriction or obligation to Customer, and Customer hereby irrevocably assigns to Jobin Cloud all rights, title and interest it may have in such Feedback.

9.1 The Services may interoperate with or enable access to Third-Party Services, including but not limited to CRMs, email service providers, SMS providers, professional networking platforms, recruitment platforms and data providers. Jobin Cloud does not control and is not responsible for any Third-Party Services and does not endorse or assume any liability for them.

9.2 Customer's use of any Third-Party Services is subject solely to the applicable terms, conditions and policies of the relevant third party and not to this Agreement. Jobin Cloud shall not be liable for any changes to, unavailability of, or failure of any Third-Party Services or for any loss or damage of any kind arising from or relating to Customer's dealings with such third parties.

9.3 Jobin Cloud may, at any time and without liability, modify or discontinue integrations with Third-Party Services if the applicable third party ceases to make the Third-Party Service available, materially changes its functionality or terms, or if Jobin Cloud determines that continuing such integration presents a security, legal or commercial risk.

10.1 The Services may include artificial intelligence or machine-learning-based features, such as automated content suggestions, enrichment, scoring, recommendations and other AI-generated outputs ("AI Features"). Jobin Cloud does not guarantee the accuracy, completeness or appropriateness of any AI-generated outputs and makes no representation that such outputs are free from errors, bias or other limitations. AI Features are provided for convenience only and are not a substitute for Customer's professional judgment, due diligence or independent verification.

10.2 Customer is solely responsible for reviewing, validating and approving all AI-generated outputs and for any decisions, actions, outreach or other use made in reliance on such outputs. Jobin Cloud shall not be liable for any consequences arising from Customer's use of or reliance on AI-generated outputs.

10.3 The Services may include multi-channel automation capabilities, including but not limited to automated or sequenced outreach by email, SMS and LinkedIn or other social networks. Customer is solely responsible for configuring such automation features, including but not limited to send frequencies, timing, targeting criteria, content, personalization and opt-out handling, and for ensuring that all such configurations and resulting communications comply with all applicable laws, platform policies and industry standards. Jobin Cloud does not monitor Customer's outreach for compliance and shall have no responsibility or liability for Customer's campaigns or communications.

11.1 Jobin Cloud reserves the right to modify, update or discontinue any aspect or feature of the Services from time to time, including the user interface, features, functionality, integrations and documentation, provided that such modifications do not materially reduce the core functionality of the Services purchased by Customer during the then-current Subscription term, except where Jobin Cloud determines in its reasonable discretion that such changes are necessary to address security, legal or technical requirements or are required by a Third-Party Service provider.

11.2 Jobin Cloud may revise these Terms from time to time. The most current version will be posted on the Website. If a revision is material, Jobin Cloud will endeavour to provide advance notice by email or through the Services. Unless otherwise stated in such notice, the revised Terms will take effect as of the date indicated in the notice. Customer's continued use of the Services after the effective date of any revised Terms shall constitute Customer's acceptance of such revised Terms. If Customer does not agree to the revised Terms, Customer must stop using the Services and cancel any Subscription prior to the effective date of the changes.

12.1 The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of laws rules and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods.

12.2 The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims), provided that Jobin Cloud may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

13.1 Neither party shall be liable for any delay or failure in performance (other than payment obligations) to the extent caused by an event or circumstance beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labour disputes, governmental actions, power or Internet failures, or failures of Third-Party Services ("Force Majeure").

13.2 Customer may not assign, transfer or novate the Agreement (whether by operation of law or otherwise) without Jobin Cloud's prior written consent. Jobin Cloud may assign or transfer the Agreement, in whole or in part, without Customer's consent to any affiliate or in connection with a merger, acquisition, corporate reorganization or sale of substantially all of its assets.

13.3 The parties are independent contractors. Nothing in the Agreement shall be construed as creating a partnership, joint venture, agency, fiduciary or employment relationship between the parties.

13.4 If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permissible and the remaining provisions of the Agreement shall remain in full force and effect.

13.5 No failure or delay by either party in exercising any right or remedy under the Agreement shall constitute a waiver of that or any other right or remedy. Any waiver must be in writing and signed by the waiving party.

13.6 The Agreement (including these Terms and any Supplementary Terms) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, proposals, negotiations, representations and understandings, whether written or oral, relating to such subject matter.

13.7 Any notices required or permitted under the Agreement shall be in writing and shall be deemed given when delivered by hand, sent by recognized courier service, or sent by email to the contact details specified in the Customer's account (for notices to Customer) or on the Website (for notices to Jobin Cloud), or to such other address as a party may designate by notice in accordance with this clause.