Terms of Service

1About KRUT

KRUT is a recruitment software product currently operated prior to the incorporation of a legal entity by:

• Zacharias Holm
• Erika Augustsson
• Hampus Patronen

operating under the name KRUT.

For questions regarding these Terms, contact:

privacy@krut.tech

KRUT is currently under development and may be provided as part of a beta, pilot or early access programme.

If a legal entity is formed to operate KRUT, the operation of the Service and relevant contractual rights and obligations may be transferred to that entity as described in Section 28.

2Business use only

KRUT is intended for organisations and professional users.

The Service is not offered to consumers for private, household or other non-professional purposes.

If you access KRUT as an employee, consultant, contractor or other representative of an organisation, references to the "Customer" in these Terms mean the organisation on whose behalf you use the Service.

The Customer is responsible for ensuring that the people it permits to access KRUT comply with these Terms.

4Accounts and authorised users

Customers may give authorised users access to the Service.

You must provide accurate information when registering or using an account.

User accounts are personal unless KRUT expressly provides otherwise. Login credentials must not be shared with another person.

The Customer is responsible for:

• deciding who may access its KRUT workspace
• assigning appropriate access rights and permissions
• removing access when it is no longer required
• taking reasonable measures to protect account credentials
• activity carried out through accounts under its control

You must notify KRUT without undue delay if you become aware of unauthorised access, compromised credentials or suspected misuse of the Service.

KRUT may temporarily restrict access where reasonably necessary to protect the security, integrity or availability of the Service.

5Customer responsibilities

The Customer determines how KRUT is used in its recruitment activities.

The Customer is responsible for:

• its recruitment processes
• its hiring and rejection decisions
• the information it enters into or uploads to KRUT
• instructions provided to KRUT
• ensuring that its use of KRUT complies with applicable law
• ensuring that its users are appropriately authorised
• determining the appropriate legal basis for its processing of personal data
• providing candidates and other data subjects with information required by applicable data protection law
• deciding whether and how functionality provided by KRUT is appropriate for a particular recruitment process

KRUT does not act as the employer or recruitment decision-maker on behalf of the Customer.

Nothing generated, displayed or organised through KRUT should be treated as a substitute for the Customer's own professional judgement.

6Acceptable use

You may only use KRUT for lawful professional purposes.

You must not use the Service to:

• violate applicable law or the rights of another person
• carry out unlawful discrimination
• make employment decisions in a manner prohibited by applicable law
• process information you have no lawful right to process
• gain or attempt to gain unauthorised access to another account, system or dataset
• circumvent access controls, authentication mechanisms or security measures
• introduce malware, malicious code or other harmful material
• materially disrupt or interfere with the operation of the Service
• use KRUT to send unlawful or abusive communications
• scrape or systematically extract information from the Service using automated means that KRUT has not authorised
• resell, sublicense or commercially make the Service available to a third party without our permission

You must not reverse engineer, decompile or attempt to derive the source code of the Service except to the extent that such restriction is prohibited by mandatory law.

KRUT may investigate suspected misuse and take proportionate measures to protect the Service and its users.

7Recruitment support and automated functionality

KRUT may provide functionality that helps users organise, search, summarise, compare, prioritise or evaluate information relating to candidates and recruitment processes.

Some functionality may use criteria, preferences, instructions or other inputs provided by the Customer or its users.

Results generated or presented by such functionality may be incomplete, incorrect or unsuitable for a particular decision and must be reviewed appropriately by the Customer.

KRUT does not independently decide whether a candidate should be hired, rejected, interviewed or otherwise progress through a recruitment process.

Recruitment decisions remain with the Customer.

The Customer is responsible for assessing whether its particular use of functionality within KRUT constitutes profiling, automated decision-making or other processing subject to specific legal requirements.

Where such requirements apply, the Customer is responsible for ensuring that its use has an appropriate legal basis and that affected individuals receive the information and safeguards required by law.

8Beta, pilot and early access

KRUT is currently under active development.

Access may be provided as part of a beta, pilot, preview, testing or early access programme.

The Customer acknowledges that functionality provided during such a programme may:

• contain errors
• be incomplete
• change during the programme
• occasionally become unavailable
• produce unexpected results
• be added, modified or removed
• have limited documentation or support

Participation in a beta or pilot does not guarantee that a particular feature will subsequently become commercially available or remain available in its existing form.

Unless otherwise agreed in writing, either the Customer or KRUT may end participation in a free beta or pilot at any time.

Ending a beta or pilot does not create an obligation for the Customer to purchase KRUT.

KRUT will not retrospectively charge the Customer for access that was expressly provided free of charge.

9Changes to the Service

KRUT may develop and change the Service over time.

This may include adding, modifying, replacing or removing functionality where reasonably necessary to:

• develop or improve the Service
• address technical issues
• maintain security
• comply with applicable law
• respond to changes in third-party services or integrations
• discontinue functionality that is no longer reasonably practical to maintain

During beta and pilot programmes, functionality may change substantially.

Where a paid Customer materially depends on functionality that KRUT intends to discontinue, KRUT will use reasonable efforts to provide advance notice where practicable, unless an immediate change is required for legal or security reasons.

Specific functionality expressly guaranteed in a separate written agreement is governed by that agreement.

10Third-party services and integrations

KRUT may allow customers to connect the Service to third-party products and services.

Third-party services are provided independently by their respective providers and may be subject to separate agreements, terms and privacy practices.

KRUT does not control those services and cannot guarantee their continued availability, functionality or compatibility.

An integration may be modified, restricted or discontinued where a third-party provider changes its product, API, technical requirements, commercial conditions or access rights.

The Customer is responsible for ensuring that it is entitled to connect and use any third-party service it chooses to integrate with KRUT.

11Customer Data

"Customer Data" means information, content and materials submitted to KRUT by or on behalf of the Customer or generated through the Customer's use of the Service.

As between KRUT and the Customer, the Customer retains its rights in Customer Data.

The Customer grants KRUT the rights reasonably necessary to host, store, transmit, reproduce and otherwise process Customer Data for the purposes of:

• providing the Service
• performing the Customer's instructions
• maintaining and securing the Service
• providing support
• preventing misuse
• fulfilling KRUT's legal and contractual obligations

KRUT does not acquire ownership of Customer Data merely because that data is processed through the Service.

The Customer is responsible for ensuring that it has the rights, authority and lawful basis necessary to provide Customer Data to KRUT and instruct KRUT to process it.

12Personal data and data processing

The parties acknowledge that use of KRUT may involve processing personal data.

Where KRUT processes candidate personal data on behalf of a Customer, the Customer will normally act as data controller and KRUT as data processor.

Such processing must be governed by a Data Processing Agreement where required by applicable data protection law.

The Data Processing Agreement governs KRUT's processing of personal data on the Customer's behalf and takes precedence over these Terms in the event of a conflict concerning that processing.

KRUT will not use its role as a data processor to determine the Customer's recruitment purposes or make recruitment decisions on the Customer's behalf.

The Customer remains responsible for its obligations as data controller.

13Subprocessors

KRUT may use third-party providers to assist in providing the Service.

Where those providers process personal data on behalf of KRUT in its role as data processor, they are considered subprocessors where applicable under data protection law.

Their appointment and use will be governed by the applicable Data Processing Agreement.

KRUT will provide information about relevant subprocessors in accordance with its obligations under that agreement.

14Security

KRUT will take technical and organisational measures appropriate to the nature and risk of the processing it performs.

Customers are responsible for security matters within their own control, including:

• controlling access to their KRUT workspace
• choosing appropriate user permissions
• safeguarding login credentials
• securing devices used to access KRUT
• promptly removing access from users who no longer require it

No internet-based software service can be guaranteed to be entirely secure, continuously available or free from vulnerabilities.

Nothing in these Terms should be interpreted as such a guarantee.

Specific security commitments agreed separately in writing take precedence over this Section.

15Availability and maintenance

KRUT aims to provide a reliable Service but does not guarantee uninterrupted or error-free availability unless a specific service level has been agreed separately in writing.

The Service may become temporarily unavailable due to:

• maintenance
• updates
• technical problems
• security incidents or protective measures
• third-party infrastructure or service failures
• circumstances outside KRUT's reasonable control

KRUT may perform maintenance and updates where reasonably necessary for the operation, security or development of the Service.

During beta and pilot programmes, interruptions and changes may occur more frequently.

16Support

KRUT may provide reasonable support relating to use of the Service.

The scope, availability and response times of support may vary depending on the applicable pilot, subscription or customer agreement.

Unless expressly agreed otherwise in writing, no guaranteed support response or resolution time applies.

17Fees

Access to KRUT may be provided:

• free of charge
• as part of a pilot or beta programme
• under separately agreed commercial terms
• under a future paid subscription

No fee applies unless that fee has been communicated and agreed with the Customer.

Where paid use is introduced following free beta or pilot access, the Customer will be informed of the applicable commercial terms before paid access begins.

Unless otherwise stated, prices quoted to business customers exclude VAT and other applicable taxes.

Pricing, billing periods, renewal conditions and payment terms may be governed by an order form, subscription agreement or other commercial agreement.

18Intellectual property

KRUT and its licensors retain all rights, title and interest in and to the Service and the intellectual property associated with it.

This includes, where applicable:

• software
• source code
• interfaces
• visual design
• workflows
• functionality
• documentation
• databases and database structures
• brand assets
• trademarks
• logos
• text and other materials created by KRUT

These Terms give the Customer a limited right to use the Service in accordance with the applicable agreement. They do not transfer ownership of KRUT or its intellectual property.

The Customer may not copy or use KRUT's branding in a manner that falsely suggests sponsorship, endorsement or partnership.

19Feedback

Customers and users may voluntarily provide suggestions, ideas or other feedback about KRUT.

KRUT may use that feedback to improve, develop and operate the Service without an obligation to compensate the person providing it.

Providing feedback does not transfer ownership of Customer Data or confidential information to KRUT.

KRUT will not publicly identify a person or organisation as the source of feedback without permission.

20Confidentiality

During the relationship, either party may receive information from the other that is confidential by its nature or by the circumstances in which it is disclosed.

Each party will use reasonable measures to protect such confidential information and will use it only in connection with the relationship between the parties.

Confidential information does not include information that the receiving party can demonstrate:

• is publicly available without breach of an obligation
• was lawfully known before disclosure
• was lawfully obtained from another source without a confidentiality obligation
• was independently developed without use of the confidential information

A party may disclose confidential information where required by applicable law, a court or competent authority.

Where reasonably permitted, the receiving party should inform the other party before making such disclosure.

Any separately agreed confidentiality agreement takes precedence where it conflicts with this Section.

21Suspension

KRUT may restrict or suspend access to all or part of the Service where reasonably necessary because:

• the Customer materially breaches these Terms
• use of the Service presents a material security risk
• KRUT reasonably suspects unlawful or fraudulent use
• continued use may materially harm another customer, candidate, KRUT or a third party
• KRUT is required to do so by law or a competent authority
• the Customer fails to pay an undisputed overdue amount where paid terms apply

Where appropriate and reasonably possible, KRUT will inform the Customer of the reason and provide an opportunity to remedy the issue before suspension.

KRUT may take immediate action where reasonably necessary to address an urgent security, legal or abuse risk.

22Termination

The Customer may stop using KRUT in accordance with any applicable subscription, pilot agreement, order form or other separately agreed terms.

For free beta or pilot access where no separate termination provisions have been agreed, either party may end participation at any time.

KRUT may terminate a Customer's access where:

• the Customer materially breaches these Terms and, where the breach can reasonably be remedied, fails to remedy it after being given a reasonable opportunity to do so
• continued provision of the Service would be unlawful
• continued use creates a material security or abuse risk
• a beta or pilot programme comes to an end
• another agreement between the parties permits termination

Termination does not affect rights or obligations that arose before termination.

23Customer Data after termination

When a Customer's access ends, the handling of personal data processed on the Customer's behalf will be governed by the applicable Data Processing Agreement and the Customer's lawful instructions.

KRUT may retain information where and for as long as required by applicable law or where reasonably necessary to establish, exercise or defend legal claims, maintain appropriate security records or prevent fraud and abuse.

The Customer is responsible for obtaining copies or exports of information it requires before termination where export functionality is available or another export arrangement has been agreed.

KRUT does not acquire a right to retain Customer Data indefinitely merely because the customer relationship has ended.

24No guarantee of recruitment outcomes

KRUT provides software and recruitment workflow functionality.

KRUT does not guarantee:

• that a Customer will receive applicants
• that a candidate will be suitable for a role
• that a recruitment process will result in a hire
• that information provided by candidates is correct
• that a particular recruitment decision is legally or commercially appropriate

The Customer remains responsible for verifying information where appropriate and making its own recruitment decisions.

25Warranties and disclaimers

KRUT will use reasonable care in providing the Service.

To the extent permitted by applicable law and except for obligations expressly agreed in writing, KRUT does not warrant that:

• the Service will always be available without interruption
• the Service will be completely free from errors or vulnerabilities
• all information presented or generated by the Service will be accurate or complete
• the Service will meet every Customer's particular requirements
• every third-party integration will remain available
• beta or experimental functionality will remain unchanged

The Customer remains responsible for determining whether KRUT is suitable for its intended use.

Nothing in these Terms excludes rights or obligations that cannot lawfully be excluded.

26Liability

Each party is responsible for loss directly caused by its breach of its obligations, subject to these Terms and applicable law.

To the maximum extent permitted by applicable law, KRUT will not be liable for indirect or consequential losses, including loss of profit, revenue, anticipated savings, goodwill or business opportunity.

KRUT is not responsible for loss caused by:

• inaccurate or incomplete information supplied by the Customer, its users, candidates or third parties
• recruitment decisions made by the Customer
• unlawful instructions or use by the Customer
• unauthorised use resulting from the Customer's failure to reasonably protect its credentials or devices
• third-party services outside KRUT's reasonable control
• circumstances outside KRUT's reasonable control

For access expressly provided free of charge as part of a beta, pilot or evaluation, the Service is provided without any financial service commitment unless otherwise agreed in writing.

Any specific financial cap on liability applicable to a paid Customer will be stated in the applicable commercial agreement.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

27Events outside reasonable control

Neither party is responsible for a failure or delay in performing an obligation where the failure results from circumstances outside that party's reasonable control.

This may include major infrastructure failures, widespread internet or telecommunications outages, natural disasters, acts of public authorities, war, civil unrest, labour disputes affecting third parties or similar events.

This Section does not excuse payment obligations that have already fallen due.

28Incorporation of KRUT

KRUT is currently operated prior to the incorporation of a legal entity.

The parties acknowledge that a legal entity may subsequently be formed to operate KRUT.

If that occurs, the persons currently operating KRUT may transfer the provision of the Service and their related contractual rights and obligations to that entity.

KRUT will provide appropriate notice of such a change.

From the effective date of a valid transfer, the new legal entity will become the provider of the Service in relation to the transferred rights and obligations.

Nothing in this Section permits a transfer that would unlawfully reduce the Customer's rights.

29Changes to these Terms

KRUT may update these Terms to reflect changes to:

• the Service
• applicable law
• security or technical requirements
• our commercial model
• our organisational structure

The current version will be made available on krut.tech and will show the date on which it was last updated.

Where a change materially affects an existing Customer's rights or obligations, KRUT will provide reasonable notice before the change takes effect where appropriate.

A change to these Terms will not retrospectively alter separately agreed pricing or other individually negotiated commercial terms.

Where a separate signed agreement conflicts with these Terms, the separately agreed terms take precedence to the extent of the conflict.

30Governing law and disputes

These Terms are governed by Swedish law, without regard to its conflict of laws principles.

The parties will first attempt in good faith to resolve any dispute relating to the Service through discussion.

If a dispute cannot be resolved, it shall be determined by a competent Swedish court.

Unless mandatory law requires otherwise, Lund District Court (Lunds tingsrätt) shall be the court of first instance.

31General

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue to apply.

Failure or delay in enforcing a right under these Terms does not constitute a waiver of that right.

These Terms do not give any third party a contractual right unless expressly stated otherwise.

The headings in these Terms are for convenience only and do not affect their interpretation.

Where the Customer has entered into a separate written agreement with KRUT, that agreement forms part of the contractual relationship between the parties.

In the event of inconsistency:

1. an individually signed commercial agreement or order form takes precedence in relation to its subject matter;
2. the Data Processing Agreement takes precedence for matters concerning KRUT's processing of personal data on behalf of the Customer; and
3. these Terms otherwise apply.

32Contact

Questions about these Terms may be sent to:

privacy@krut.tech

KRUT is currently operated prior to incorporation by:

• Zacharias Holm
• Erika Augustsson
• Hampus Patronen

Sweden