Terms Of Service | StartupKit

These Terms of Service ("Terms") govern your use of Kit, the applicant tracking and recruitment management platform operated by Ernest Bursa ("Kit", "we", "us"). By creating an account or using the Service, you agree to these Terms.

These Terms are supplemented by our Privacy Policy and, where you process personal data using Kit, our Data Processing Agreement. Both are incorporated by reference and form part of your agreement with us. In the event of conflict, the order of precedence is: (1) the Data Processing Agreement (for data protection matters); (2) these Terms; (3) the Privacy Policy.

1. Account Terms

To use Kit, you must create an account on behalf of yourself or your organisation. The person who creates the account is the Account Owner.

You must be at least 18 years old and have the legal authority to bind your organisation to these Terms.
You must provide accurate and complete registration information.
You are responsible for maintaining the security of your account credentials. We are not liable for any loss or damage resulting from your failure to secure your account.
You are responsible for all activity that occurs under your account, including actions taken by team members you invite.

1.1 Team Accounts

Kit supports multi-user team accounts. The Account Owner is responsible for:

Managing team member access and permissions
Ensuring team members comply with these Terms
All billing obligations, regardless of which team member incurred usage
Removing team members promptly when their access is no longer required

2. Acceptable Use

We trust you to use Kit responsibly. You agree not to:

Use the Service for any unlawful purpose or to violate any applicable laws
Attempt to gain unauthorised access to any part of the Service
Interfere with or disrupt the integrity or performance of the Service
Upload malicious code or content that could harm others
Harass, abuse, or harm other users
Impersonate any person or entity
Use the Service to discriminate against candidates on any legally protected ground
Use Kit's outreach features to send unsolicited commercial messages in violation of applicable anti-spam laws (including the ePrivacy Directive, CAN-SPAM Act, or equivalent local legislation)
Exceed reasonable usage limits or abuse API endpoints in a manner that degrades the Service for other users

You are solely responsible for ensuring your use of Kit complies with all applicable employment, anti-discrimination, and data protection laws in your jurisdiction. Kit provides recruitment tools; it does not provide legal advice.

3. Your Data and Candidate Data

3.1 Your Content

You retain ownership of all content and data you upload to Kit ("Customer Data"). By using the Service, you grant us a limited licence to store, process, display, transmit, and create derivative representations (such as search indexes and AI embeddings) of Customer Data solely as necessary to provide and improve the Service.

3.2 Candidate Data

When candidates apply to your job postings or you add candidate information to Kit, that data is part of your Customer Data. You are the data controller for candidate data, and Kit acts as a data processor on your behalf. The processing of candidate data is governed by our Data Processing Agreement.

You are responsible for:

Having a lawful basis (such as legitimate interest or consent) for collecting and processing candidate data
Providing candidates with appropriate privacy notices
Responding to data subject requests from candidates (Kit provides tooling to assist you)
Configuring appropriate data retention periods within the platform

3.3 Content Restrictions

You may not upload content that infringes on intellectual property rights, is illegal or harmful, or contains private information of others without their consent.

4. AI Features

Kit offers AI-assisted features for candidate evaluation, content generation, outreach drafting, and other recruitment workflows. These features use third-party AI providers configured by you under a bring-your-own-key (BYOK) arrangement.

No model training: Kit does not use your Customer Data to train AI models. Your data is sent to the AI provider you configure solely to generate responses for your specific request.
Human oversight: AI-generated outputs (such as candidate evaluations, email drafts, or scoring suggestions) are advisory. You are responsible for reviewing AI outputs and making final hiring decisions. No solely automated decision-making is applied to candidates without human review.
Your AI provider: When you configure a BYOK AI integration, your data is transmitted to the provider you select. Kit does not control these providers. Your own agreement with your AI provider governs that relationship, as described in our DPA.
EU AI Act: AI systems used in recruitment and hiring may be classified as high-risk under Regulation (EU) 2024/1689. You are responsible for ensuring your use of AI features within Kit complies with applicable AI regulations in your jurisdiction, including transparency obligations toward candidates.

5. Payment and Billing

Billing cycle: You will be billed in advance on a recurring basis (monthly or annually, depending on your plan). Per-seat billing is calculated based on the number of active team members on your account.
Prices exclude taxes: All fees are exclusive of applicable taxes (including VAT, GST, and sales tax). You are responsible for paying any taxes imposed on your use of the Service. Kit will charge applicable VAT where required by law.
Automatic renewal: Your subscription renews automatically unless you cancel before the renewal date.
Price changes: We may change our prices with at least 30 days' notice. Price changes take effect at the start of your next billing cycle. If you do not agree with a price change, you may cancel before it takes effect.
Failed payments: If a payment fails, we will notify you and may suspend access to paid features until payment is resolved. We will not delete your data due to a failed payment without first giving you at least 14 days' notice.
Refunds: Refunds are handled on a case-by-case basis. Contact us at [email protected] if you believe a refund is warranted.
Cancellation: You can cancel your subscription at any time from your account settings. You will retain access until the end of your current billing period.

Payment processing is handled by Stripe, Inc. We do not store full credit card numbers. Stripe's terms of service and privacy policy apply to payment processing.

6. Service Availability

We strive to keep Kit available and reliable. Our target is 99.5% monthly uptime, measured excluding scheduled maintenance windows. We publish real-time status information at status.startupkit.app.

We may perform scheduled maintenance with reasonable advance notice when possible.
We may modify, suspend, or discontinue features with reasonable notice. We will not remove core functionality that you are paying for without offering a reasonable alternative or pro-rated refund.
Beta features are provided without any availability commitment and may change or be removed at any time.

7. API and Integrations

Kit provides an API and integrations with third-party services (including GitHub, Slack, and others). Your use of the API is subject to these Terms and the following additional conditions:

API access may be rate-limited. We may throttle or suspend API access that degrades the Service for other users.
We may update the API with reasonable notice. We will maintain backward compatibility where practical and provide migration guidance for breaking changes.
Third-party integrations are provided as-is. We are not responsible for the availability or behaviour of third-party services you connect to Kit.

8. Intellectual Property

Kit and its original content, features, and functionality are owned by Ernest Bursa and are protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.

If you provide feedback or suggestions about Kit, you grant us a non-exclusive, royalty-free, perpetual licence to use that feedback to improve the Service.

9. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service ("Confidential Information"). Neither party will use the other's Confidential Information except as necessary to exercise its rights or perform its obligations under these Terms. This obligation does not apply to information that is publicly available, independently developed, or rightfully received from a third party.

10. Termination

10.1 Termination by You

You can close your account at any time from your account settings.

10.2 Termination by Us

We may suspend or terminate your account if you materially breach these Terms. Where the breach is capable of remedy, we will give you 14 days' written notice to cure the breach before termination takes effect.

10.3 Effect of Termination

Upon termination or expiry:

Your right to use the Service will cease.
You will have a 30-day window to export your data using Kit's data export functionality. We strongly recommend exporting your data before closing your account.
After the 30-day export window, we will delete your Customer Data in accordance with our Data Processing Agreement.
Provisions that by their nature should survive termination (including Sections 3, 8, 9, 11, 12, and 13) will remain in effect.

10.4 Inactive Account Removal

To comply with data minimisation principles, accounts that have been inactive for 3 or more consecutive months may be permanently deleted.

Notice: We will send you three warning emails (at day 0, day 14, and day 28) before any deletion occurs. You will have at least 29 days from the first warning to take action.
Exemptions: Accounts with an active paid subscription, and accounts belonging to a team with an active subscription, are never deleted due to inactivity.
Data export: Before deletion, you can download a copy of your data from your account settings.
Cancellation: You can cancel the scheduled deletion at any time by logging in or activating a subscription.

11. Disclaimers

Kit is provided "as is" and "as available" without warranties of any kind, either express or implied, to the maximum extent permitted by applicable law. We do not warrant that the Service will be error-free, secure, or uninterrupted.

Nothing in these Terms excludes or limits warranties or rights that cannot be excluded or limited under applicable law, including mandatory consumer protection rights under EU or Polish law.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

Neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
Our total aggregate liability for any claims under these Terms shall not exceed the total fees paid by you in the 12 months preceding the event giving rise to the claim.

These limitations do not apply to:

Liability arising from wilful misconduct or gross negligence (as required by Polish Civil Code Art. 473 s2)
Breach of confidentiality obligations under Section 9
Your payment obligations under Section 5
Either party's indemnification obligations under Section 13

13. Indemnification

By you: You agree to indemnify and hold Kit harmless from any claims, damages, or expenses arising from (a) your violation of these Terms, (b) your use of the Service in a manner that violates applicable law, or (c) any third-party claim relating to content you upload to Kit.
By us: We agree to indemnify and hold you harmless from any third-party claims that Kit infringes a third party's intellectual property rights, provided you notify us promptly and give us reasonable control of the defence.

14. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations (other than payment obligations) due to causes beyond its reasonable control, including natural disasters, wars, terrorism, pandemics, government actions, labour disputes, power outages, internet disruptions, or failures of third-party hosting providers.

15. Consumer Rights

If you are a consumer (a natural person acting outside of your trade, business, or profession) within the European Union or Poland:

You have a 14-day right of withdrawal from the date of entering into these Terms, as provided by the Polish Consumer Rights Act (Ustawa o prawach konsumenta) and Directive 2011/83/EU. To exercise this right, contact us at [email protected].
Nothing in these Terms affects your mandatory statutory rights as a consumer under EU or Polish law.
You may use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

16. Governing Law and Disputes

These Terms are governed by the laws of Poland and the European Union. Any disputes shall be resolved in the courts of Poznan, Poland, unless EU consumer protection laws grant you the right to bring proceedings in your country of residence.

Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email at least 30 days before the changes take effect. If you do not agree with the changes, you may terminate your account before the new terms become effective. Your continued use of Kit after the effective date constitutes acceptance of the updated Terms.

For changes that affect the lawful basis for processing your personal data, we will seek your affirmative consent where required by applicable data protection law.

18. General Provisions

Entire agreement: These Terms, together with the Privacy Policy and the Data Processing Agreement, constitute the entire agreement between you and Kit.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets, provided the assignee agrees to honour these Terms.
Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

19. Contact Us

If you have questions about these Terms, please contact us:

Email: [email protected]
Address: Ernest Bursa, Dabrowskiego 96/5b, 60-576 Poznan, Poland