Service Agreement

This Service Agreement governs the service terms between Octopot and the business clients that use Octopot in their hiring (companies, recruitment and HR consultancies, white-label partners — the 'Client'). Where an order form, quote or client-specific contract says otherwise, that provision applies.

📜 Subject and Scope

This agreement covers business use of the Octopot platform:

Parties: Octopot and the Client purchasing the service
Subject: Subscription to and right to use the recruitment platform
Effect: On acceptance of a quote, signature of an order form, or opening of an account for the Client
Precedence: A client-specific contract and order form take precedence over this general agreement

✅ Services

Depending on the plan, the following services are provided:

Jobs and applications: Publishing jobs, application links and QR codes, collecting applications
AI pre-screening: CV analysis, job-fit scores, screening questions
Interviews: AI voice/video interviews, phone and WhatsApp interviews, interview reports
Candidate management: Talent pool, hiring stages, comparison, offers, references, forms and documents
Sourcing: Candidate search in public professional profiles (plan dependent)
Integrations and white-label: API, webhook, calendar and email integrations; use under the partner's own brand for agencies and partners

🛡️ Data Protection

Roles in processing candidate data:

Data controller: The Client is the controller of candidate data it uploads to or collects through the platform
Data processor: Octopot processes that data only on the Client's behalf and instructions
Client obligations: Informing candidates, obtaining required consents, and setting jobs and screening rules in line with the law
Sub-processors: Octopot uses the service providers listed in the Privacy Policy as sub-processors
Data processing agreement: On request, a separate data processing agreement compliant with KVKK and GDPR Art. 28 is signed
End of contract: When the agreement ends, candidate data is returned or deleted on the Client's instruction

👥 Client Accounts and Users

Responsibilities for the Client account:

Authorisation: The Client decides its users, their roles and department access
User conduct: The Client is responsible for its users' use of the platform and compliance with the Terms of Use
Account security: Keeping passwords and API keys secret is the Client's responsibility
Hiring decisions: Hiring decisions and communication with candidates are the Client's responsibility

💰 Fees and Payment

Fee terms:

Fees: The subscription and usage (credit/token) fees in the quote or order form apply
Trials: Trial accounts are limited to the period and scope offered
Invoicing: Invoices are issued for the periods stated in the quote
Price changes: Price changes at renewal are notified in advance
Taxes: Statutory taxes are added to the fees

🚫 Usage Restrictions

The Client may not use the platform to:

Break the law: Publish discriminatory or unlawful jobs or evaluations
Misuse data: Use or sell candidate data for purposes other than recruitment
Resell: Resell the platform to third parties without written permission (white-label partnerships excepted)
Endanger security: Compromise platform security or other clients' service

⚖️ Intellectual Property

Intellectual property rights:

Octopot: The platform, software, models and brand belong to Octopot; the Client receives a non-transferable right of use for the term of the agreement
Client data: Jobs, candidate data and reports belong to the Client
White-label: The Client's brand assets belong to the Client and are used only to provide the service

⚠️ Warranty and Liability

Limits of liability:

Service level: Octopot provides the service with reasonable care and to industry standards; client-specific service levels are set in the order form
AI output: Scores and reports support decisions; the final decision rests with the Client
Liability cap: Except for intent and gross negligence, Octopot's total liability is limited to the fees the Client paid in the last 12 months
Indirect damages: Neither party is liable for lost profits or indirect damages

🔚 Term and Termination

Term and end of the agreement:

Term: The subscription term in the order form; renews for the same term unless stated otherwise
Non-renewal: Either party may stop renewal by written notice before the end of the term
Termination for cause: If a material breach is not cured within 30 days of notice
Data return: After termination the Client can export its data; the data is then deleted

📞 Support and Contact

Support channels:

Customer support: support@octopot.co
Technical support: tech@octopot.co
Privacy and data requests: privacy@octopot.co
Response time: Support requests are answered within 48 hours on business days

⚖️ Governing Law and General Provisions

General provisions:

Governing law: Laws of the Republic of Türkiye
Jurisdiction: Istanbul courts and enforcement offices
Confidentiality: Each party keeps the other's trade secrets confidential
Severability: An invalid provision does not affect the others
Notices: Notices are given by email or through the platform
Assignment: Neither party may assign the agreement without the other's written consent