SmartRecruiters Hiring Mobile App – EULA

END USER LICENSE AGREEMENT

Please scroll down and read the following end user license agreement carefully. This is a legally binding agreement ("Agreement") between you and: 

1. If your employer or entity entered into Agreement for Service with SAP entity: 
   SAP SE, a company established under the laws of Germany and the EU, registered with the commercial register of the local court of Mannheim, Germany, under HRB 719915, with registered office at Dietmar Hopp Allee 16, 69190 Walldorf, Germany,
2. If your employer or entity entered into Agreement for Service with SmartRecruiters entity: SmartRecruiters Inc., a company established under the Delaware State Laws, company ID: 4841686, with registered office: 28 Geary St San Francisco, CA 94108 United States,

(hereinafter both SAP SE and SmartRecruiters Inc. referred to as a “Provider”)

which provides the terms of your use of the SmartRecruiters’ Hiring mobile application licensed hereunder (“Application”). Use of the Application is subject to a separate agreement between your employer or entity (“Company”) and Provider or an authorized SAP reselling partner (“Agreement for Service”) that authorizes You to use the Application to access on-demand SmartRecruiters cloud service (“Service”). 

This English version of the Agreement is applied to the customers on the global market outside of the People’s Republic of China. This Agreement does not change any terms of the Agreement for Service.

By accepting, installing and/or using the Application, you are agreeing to all the terms and conditions stated in this Agreement. If you do not agree to these terms, do not click agree, install, or use the Application.

“Privacy Statement” means the document that accompanies or is embedded in the Application and/or is available or referenced in the Third-Party App Store that informs you of how Provider collects, processes and protects the personal data You provide in connection with the installation and use of the Application, and Your rights in relation thereto.

"Third-Party App Store" refers to the respective offering by a third-party which operates an online marketplace for distribution of mobile applications. 

“You” or “you” refers to the individual that accepts the terms of this Agreement.

"User Content" means any communications, images, and all material, data, and information that You upload or transmit through the Application.

The Application supports certain mobile devices, and data networks such as 5G, 4G, 3G, EDGE and Wi-Fi, and enables You to access services provided to Company based on the Agreement for Service through such mobile devices.

Subject to the terms, conditions, and limitations stated in this Agreement, and the Third-Party App Store Terms of Service, as applicable, Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Application to access the Service only during the term of the Agreement for Service. For the avoidance of doubt, this Agreement does not include a license to the Service. You are not permitted to use the Application for any purpose other than as expressly permitted under this Agreement. Provider may audit Your and Company’s use of the Service through the Application. You shall use the Service only in a manner consistent with this Agreement and the Service documentation (“Documentation”) which Provider may provide, in its sole discretion, in electronic and/or printed form with the Service and which can be found under  https://help.sap.com/docs/ (applicable to customers of SAP entities) or https://www.smartrecruiters.com/legal/ (applicable to customers of SmartRecruiters entities).

Provider retains all ownership and intellectual property rights in the Application. You shall not, and shall ensure that others do not:

• a) remove or modify any marks or proprietary notices of Provider;
• b) provide or make the Application available to any third-party;
• c) use the Application to provide third-party training for Service;
• d) assign this Agreement or give or transfer the Application or an interest in the Application to another individual or entity;
• e) decompile, disassemble or reverse engineer the Application;
• f) create derivative works of, or based on, the Application; or 
• g) use any Provider name, trademark, or logo connected with the Application.

User is responsible for the User Content entered into and uploaded through the Application, and grants to Provider a non-exclusive right to process and use the User Content to provide and support the Application.

All content, materials, data, and personal data that User enters into the production system of a Service or derives from its use and stores in the Service shall be subject to the provisions of the Agreement for Service regulating Customer Data.  

To the maximum extent permitted by applicable law, the Application is provided to You "as is" and “as available” without a warranty of any kind. Provider hereby disclaims all warranties, express or implied, with respect to the Application. No oral or written information or advice given by Provider shall create a warranty to You. You expressly acknowledge and agree that Your use of the Application is at your sole risk. 

7.     Liability
   • 7.1 Provider is unlimitedly liable for damages arising from or related to the use of the Application only (a) as required under German product liability legislation, (b) for Provider’s willful misconduct or gross negligence, or (c) for Your personal injury.
   • 7.2 To the maximum extent permitted by governing law, in no event shall Provider be liable for any incidental, special, indirect or consequential damages, loss of profits and corruption or loss of User data arising from or related to the use of Application.
   • 7.3 Without limiting any of the foregoing and to the extent permitted by governing law, in no event will Provider’s total liability to You for all damages arising from or related to use of the Application under this Agreement exceed € 50,000 (fifty thousand euro).
   • 7.4 You will undertake appropriate steps to safeguard Your data and programs, including without limitation making backup copies not less frequently than is recommended by Provider. Notwithstanding the other limitations of this section 7, Provider is not liable for the loss of data and its recreation, in so far as this would have been avoidable through observance of this obligation.
   • 7.5 The benefit of exclusions and limitations in this section 7 also extends to Your claim against individual employees, contractors, and agents of Provider.

8.     Indemnification

Provider will defend at its own expense any legal proceeding brought against You, to the extent that such proceeding is based on a claim alleging that the use of the Application, as permitted under this Agreement, constitutes an infringement or misappropriation of a third party’s intellectual property rights, including copyright, patent, or trade secret, and will pay all damages and costs awarded by a court of final appeal attributable to such claim; provided that You: 

• a) provide notice of the claim promptly to Provider (but no later than fourteen (14) calendar days after You received notice of the claim); 
• b) give Provider sole control of the defense and settlement of the claim, provided that You, at Your option and expense, may also be represented in the legal proceeding by independent counsel; 
• c) provide to Provider, at Provider’s expense, all commercially reasonable information, assistance, and authority to defend such claim; and 
• d) have not compromised or settled such proceeding without Provider’s prior written consent.

Provider shall have no liability for any infringement or claim which results from the use of the Application provided hereunder in combination with any equipment, software or data not provided or approved by Provider. This section states the entire liability of Provider with respect to the indemnification of any intellectual property right infringement hereunder and there shall be no additional liability with respect to any alleged or proven infringement. Section 7 shall apply accordingly.

The Application is subject to German, the EU, and the U.S. import and export control regulations and sanctions laws (“Export Laws”). You confirm that: 

• a) You will comply with the Export Laws, including obtaining any required export authorizations from public authorities and, upon Provider’s request, You will provide information and documents to support obtaining an export authorization;
• b) You will not use the Application for, and will not allow the Application to be used for, any purposes prohibited by Export Laws, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction; 
• c) You are not a citizen, national or resident of, are not under the control of, and will not use the Application from Crimea/Sevastopol, Cuba, Iran, the People's Republic of Korea (North Korea), the so-called Luhansk Peoples Republic (LNR) and Donetsk Peoples Republic (DNR), the non-government controlled areas of Ukraine in the oblasts of Kherson and Zaporizhzhia or Syria; and
• d) You will not download or otherwise export or re-export the Application, directly or indirectly, neither to the countries listed under (c) nor to citizens, nationals or residents of those countries.

Third-Party App Store provider has no obligation to provide maintenance and support for the Application. Provider may offer support for the Application, at its sole discretion, particularly by provisioning of updates, patches, bug fixes and new versions via the Third-Party App Store. In the event Provider provides such support via the Third-Party App Store, the timely availability of this support is dependent on Third-Party App Store cooperation in due time, for which Provider is not responsible.

Provider will process Your personal data collected in relation with the installation and usage of the Application in accordance with the terms of the separate Privacy Statement. 

1. If your employer or entity entered into Agreement for Service with SAP entity: Additional information about how SAP processes your personal data can be found at https://www.sap.com/about/legal/privacy.html.
2. If your employer or entity entered into Agreement for Service with SmartRecruiters entity: Additional information about how SmartRecruiters processes your personal data can be found at   https://www.smartrecruiters.com/legal/general-privacy-policy/ 

You may terminate this Agreement by uninstalling the Application from Your mobile device.

Provider shall be entitled to terminate Your license to use the Application if Company fails to comply with any of the terms of Agreement for Services or You fail to comply with any of the terms of this Agreement.

This Agreement terminates automatically upon termination or expiration of the Agreement for Service.

In case of termination or expiration of this Agreement, You must without undue delay delete all copies of the Application on Your mobile device(s).

This Agreement and Your use of the Application is governed exclusively by the German laws, excluding its conflicts of law provisions. The UN Convention on Contracts for the International Sale of Goods is excluded. If You or Company, as applicable, is a merchant within the meaning of the German Commercial Code (HGB), section 1, or a public-law juristic person or special fund, the sole place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be Karlsruhe.

This Agreement represents the entire understanding between Provider and You respecting the subject-matter of this Agreement and supersedes any and all prior proposals or agreements, whether written or oral.

If any term of this Agreement is found to be invalid or unenforceable, the surviving provisions shall remain effective. Provider’s failure to enforce any right or provision stipulated in this Agreement will not constitute a waiver of such right or provision, or any other right or provision of this Agreement.

You and Provider agree that: (a) this Agreement is between Provider and You, and that Third-Party App Store provider is not a party to this Agreement; (b) that Provider is solely responsible for the Application and the content thereof; (c) that Third-Party App Store provider, and its subsidiaries, are third party beneficiaries of this Agreement, and (d) Third-Party App Store provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary hereof, but only if You accepts the terms of this Agreement as outlined above.

15.     Contact
    1. If your employer or entity entered into Agreement for Service with SAP entity: If you have any questions or issues related to the Application support, please refer to our support help portal: http://support.sap.com/en/index.html.
    2. If your employer or entity entered into Agreement for Service with SmartRecruiters entity: If you have any questions or issues related to the Application support, please refer to our website and contact us:  https://www.smartrecruiters.com/about-us/contact-us/