In plain words. You can use Ornelle for your own hiring. You own your data and we only use it to run the service for you. You are responsible for following the law when you hire and for how you treat candidates. Paid plans renew until you cancel. We do not guarantee the service will never be interrupted, and our liability is limited. The sections below are the binding version.
These Terms of Service (“Agreement”) are between Briph Inc, a Delaware corporation that operates Ornelle (“Ornelle”, “we”, “us”), and the person or organization that creates an account or otherwise uses the Service (“Customer”, “you”). By creating an account, subscribing, or using the Service, you agree to this Agreement. If you accept on behalf of an organization, you confirm that you can bind it.
1. Definitions
- “Service” means the Ornelle applicant tracking system, its careers pages, website, and related services provided by us.
- “Order” means the plan and billing terms you choose. When you subscribe online, the plan and checkout page you complete are the Order. When we sign a separate order form with you, that form is the Order.
- “User” means an individual you authorize to use the Service, such as recruiters, hiring managers and interviewers.
- “Customer Data” means electronic data and information submitted by or for you to the Service, including information about Candidates.
- “Candidate” means any individual whose information is processed through the Service as an applicant or potential hire.
- “AI Features” means features of the Service that use machine-learning models, such as reading resumes, searching in plain language and drafting content.
2. The Service
2.1 Right to use. Subject to this Agreement and your Order, we grant you a non-exclusive, non-transferable right to use the Service for your internal business purposes of recruiting and hiring.
2.2 Availability. We work to keep the Service available but do not guarantee uninterrupted or error-free access. We may carry out planned maintenance and are not responsible for downtime caused by events beyond our reasonable control. We do not offer a service level agreement unless your Order says so.
2.3 Changes. We may improve, change or remove features. If a change materially reduces what a paid plan offers, we will tell you in the Service or by email in advance where we reasonably can.
2.4 Beta features. From time to time we may invite you to try pre-release features. They are provided as is and may contain bugs or change without notice.
2.5 AI Features. AI Features can produce incomplete or incorrect output. You are responsible for reviewing it before you rely on it. Ornelle does not make hiring decisions: you make them, and you are responsible for them.
3. Accounts
You must provide accurate information and keep your login credentials confidential. You are responsible for all activity under your account and for your Users. Tell us promptly at support@ornelle.co if you suspect unauthorized access. The Service is for businesses and is not intended for anyone under 18.
4. Plans, trials, seats and billing
4.1 Plans. Ornelle is offered on a free plan and on paid plans described at ornelle.co/pricing. Each plan has limits, for example the number of seats, openings, processes, custom fields and saved views. The Service applies these limits automatically. Reaching a limit stops you from creating more; it does not delete existing data.
4.2 Changes to plans and prices. We may change plan limits and prices. Changes apply from your next billing period, and we will give you at least 30 days’ notice for a change that applies to a paid plan you already have.
4.3 Trials. A free trial of paid features lasts 14 days without a payment card, or 30 days if you provide one. When a trial ends, your workspace moves to the Free plan unless you subscribe.
4.4 Seats. Each paid plan includes a number of seats, and every member of a workspace uses one. You can add seats at the price shown for your plan. Reducing seats below the number of members stops new invitations; it does not remove anyone.
4.5 Billing and renewal. Payments are processed by our payment provider, Polar, which acts as our merchant of record. Subscriptions renew automatically each month or year until you cancel. You can change or cancel your plan in the billing portal; cancellation takes effect at the end of the current billing period. Annual plans are billed at the price of ten months for twelve.
4.6 Fees and refunds. You agree to pay the fees in your Order. Fees are non-refundable except where the law requires, or where we say otherwise at checkout.
4.7 Taxes. Prices exclude taxes. Where required, taxes are collected and paid by our payment provider; you are responsible for any other taxes that apply to your purchase.
4.8 Late or failed payment. If a payment fails, we may suspend paid features, or move your workspace to the Free plan, until payment is received.
5. Your responsibilities
5.1 Compliance with laws. You must use the Service in compliance with all applicable laws, including those on data protection (such as GDPR and CCPA), employment, equal opportunity and non-discrimination. You are solely responsible for the legality of your hiring practices and of how you collect and use candidate data.
5.2 Notices to candidates. You are responsible for the notices and consents you owe your Candidates, including a privacy notice on your careers pages, and for telling applicants how their data is used.
5.3 Special categories of data. Do not use the Service to collect special categories of personal data (such as health, ethnicity, religion or political opinions) unless the law allows it and you have a lawful basis.
6. Acceptable use
You must not, and must not allow anyone else to:
- use the Service to discriminate unlawfully;
- send unsolicited or unauthorized bulk email or spam, or contact people in breach of the law;
- license, sell, rent or resell the Service, or give access to people outside your organization;
- interfere with or disrupt the Service, or test or probe its security without our written permission;
- upload malicious files or code;
- scrape, copy or reverse engineer the Service, or access its source code except as the law allows;
- use the Service to build a competing product.
7. Careers pages and candidate-facing features
Pages you publish through the Service are your pages. You are responsible for their content, including job descriptions and application questions, and for telling applicants how their data is used. Spam and bot protection reduces unwanted submissions but does not guarantee that all of it is stopped. Careers pages may display a “Built on Ornelle” badge.
8. Customer Data
8.1 Ownership. You keep all rights in your Customer Data. We do not claim ownership of it.
8.2 Our use. You give us a worldwide, limited licence to host, copy, process and display Customer Data only as needed to provide the Service to you, to keep it secure, and to meet legal obligations. We may also use aggregated and anonymized data that cannot identify you or any Candidate to understand and improve the Service. We do not use Customer Data to train our own AI models.
8.3 Access and export. You can view and export your data through the Service where it provides export, and you can ask support for help. After your subscription ends or you close your account, we will make your Customer Data available for export on request for 30 days.
8.4 Deletion. You can delete records at any time. When you close your account or ask us to delete your workspace, we delete its data from our systems within 30 days. Encrypted backups expire on their own schedule, about two weeks, and are not used to restore deleted data except to recover from a failure. We may keep what the law requires us to keep.
9. Data protection
Our processing of personal data on your behalf is described in our Privacy Policy, including our role as your processor, the providers we use (sub-processors), where data is processed and how long we keep it. If you need a Data Processing Addendum, write to privacy@ornelle.co. When we sign one, it forms part of this Agreement and prevails over it on personal data.
10. Third-party services and integrations
If you connect a third-party service, for example Google, Zoom or Zoho, your use of it is governed by its own terms, and you authorize us to exchange the data needed for the connection. We are not responsible for third-party services.
11. API keys
Keep API keys secret. You are responsible for activity under your keys. We may rate-limit or revoke keys that harm the Service or are used in breach of this Agreement.
12. Intellectual property
12.1 The Service. We own all rights in the Service, including its software, design and branding. Nothing in this Agreement gives you any rights in the Service other than the limited right to use it as set out here.
12.2 Feedback. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without obligation to you.
13. Confidentiality
Each party will protect the other’s Confidential Information from unauthorized use, access or disclosure with at least the care it uses for its own, and no less than reasonable care. “Confidential Information” means non-public information that is marked confidential or that reasonably should be understood to be confidential. It does not include information that becomes public without a breach, that the receiving party already knew or independently developed, or that it receives lawfully from a third party. A party may disclose Confidential Information where the law requires, after notifying the other where it can.
14. Suspension
We may suspend access, in whole or in part, for non-payment, for a security risk, or for breach of this Agreement, and we will give notice where practical. We will restore access once the cause is resolved.
15. Warranties and disclaimers
Each party confirms it has the authority to enter into this Agreement. Apart from that, the Service is provided “as is” and “as available”, and we disclaim all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows. We do not warrant that the Service will be uninterrupted, error-free or secure.
16. Limitation of liability
To the fullest extent the law allows, Briph Inc will not be liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, data or goodwill. Our total liability arising out of or related to this Agreement will not exceed the amount you paid for the Service in the twelve (12) months before the event giving rise to the liability. Nothing in this Agreement limits liability that cannot be limited by law.
17. Term and termination
17.1 Term. This Agreement starts when you first accept it and continues until all subscriptions have expired or been terminated, or your account is closed.
17.2 Termination. You may stop using the Service and close your account at any time. Either party may terminate this Agreement if the other is in material breach and does not fix it within 30 days of written notice. We may close a free account that has been inactive for 12 months after notice to you.
17.3 Effect. When this Agreement ends, your right to use the Service ends. Sections 8.3, 8.4 and 12 to 16, and any other terms that by their nature should continue, survive.
18. General
18.1 Governing law. This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of law principles. Nothing here limits mandatory consumer protection rights where you live.
18.2 Entire agreement. This Agreement, your Order and the documents linked from it are the entire agreement between us about the Service and replace earlier agreements on it.
18.3 Assignment. You may not assign this Agreement without our written consent. We may assign it to a successor in a merger, acquisition or sale of the business.
18.4 Notices. We may give notice by email to your account address or through the Service. You can give notice to support@ornelle.co.
18.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
18.6 No waiver; severability. If we do not enforce a term, that is not a waiver. If a term is unenforceable, the rest stays in effect.
18.7 Updates. We may update these Terms. If we make material changes, we will notify you in the Service or by email at least 30 days before they take effect. Using the Service after that date means you accept them.
Questions about this document? Write to support@ornelle.co. For privacy requests, write to privacy@ornelle.co.