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Terms of Service

1. These terms

These Terms of Service ("Terms") govern access to and use of Quinta, the search-intelligence workspace provided by Max Kugland, trading as Quinta ("Quinta", "we", "us"). They apply together with any Order Form, the Data Processing Agreement, and the Privacy Policy, which are incorporated by reference. By signing an Order Form, or by accessing or using Quinta, the organization on whose behalf you act ("Customer", "you") agrees to these Terms. If you are entering into these Terms on behalf of an organization, you confirm you have authority to bind that organization.

2. The service

Quinta lets Customer's authorized users organize search and recruiting material — briefs, CVs, interview notes, and related records — and use AI-assisted analysis to produce candidate assessments, comparisons, and reports grounded in that material ("the Service"). We may update and improve the Service over time; we will not materially reduce its core functionality during a subscription term without notice.

3. Accounts and access

Customer's administrators may create accounts for their authorized users. Sign-in is passwordless (one-time email links) or via personal API keys issued to a specific user; Customer is responsible for the actions taken under its users' accounts and for promptly removing access for users who should no longer have it (e.g. when they leave the organization). Customer will not share individual user accounts or API keys between multiple people.

4. Customer Data

"Customer Data" means the content Customer or its users upload to or generate within Quinta — records, notes, conversations, and reports — including any personal data it contains about candidates, referees, or other third parties. As between the parties, Customer owns and remains solely responsible for Customer Data: for having the rights to upload it, and for its accuracy and legality. Quinta processes Customer Data only to provide the Service, as instructed by Customer, and as further described in the Data Processing Agreement.

5. AI-assisted output

Quinta uses AI models to help analyze Customer Data and draft assessments and reports. This output is a drafting aid grounded in the material Customer selects, not a guarantee of accuracy, completeness, or fitness for any particular hiring, investigative, or other decision. Customer is responsible for reviewing AI-assisted output before relying on it or sharing it with a third party, in the same way it would review the work of a human analyst.

6. Acceptable use

Customer will not, and will not permit its users to:

7. Intellectual property

Quinta and its licensors own all right, title, and interest in the Service, including its software, design, and underlying technology, excluding Customer Data. Customer grants Quinta the limited right to host, process, and analyze Customer Data solely to provide the Service. Nothing in these Terms transfers ownership of Customer Data to Quinta, or ownership of the Service to Customer.

8. Confidentiality

Each party may receive confidential information of the other (including, for Quinta, Customer Data, and for Customer, the commercial and technical terms of the Service). Each party will use the other's confidential information only to perform its obligations under these Terms, and will protect it with the same degree of care it uses for its own confidential information, but no less than reasonable care. This section does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, or must be disclosed by law — in which case the receiving party will, where legally permitted, give the other party prompt notice.

9. Fair use, fees, and payment

9.1 Fair use

Subscription fees include reasonable use of Quinta's AI-assisted features in the ordinary course of Customer's business. Quinta may apply reasonable technical limits or temporarily restrict usage that is unusually intensive, automated, abusive, or otherwise disproportionate, where that usage materially exceeds normal usage patterns or creates excessive third-party processing costs. Any restriction will be limited to what is reasonably necessary to protect the Service and control those costs. Where practicable, Quinta will contact Customer before applying a restriction and work with Customer in good faith on an appropriate usage arrangement. Quinta may act without prior notice where immediate restriction is reasonably necessary to prevent abuse, material cost escalation, or harm to the Service or other customers.

9.2 Fees and payment

Fees, billing frequency, and payment terms are set out in the applicable Order Form. Except as stated there or required by law, fees are non-refundable. Late payments may be subject to a reasonable interest charge and suspension of access after written notice and a cure period of at least 30 days.

10. Warranties and disclaimers

Each party warrants it has the legal authority to enter into these Terms. Quinta will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, the Service is provided "as is," and Quinta disclaims all other warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law.

11. Limitation of liability

To the maximum extent permitted by law, neither party's total liability arising out of or related to these Terms will exceed the fees paid or payable by Customer for the Service in the twelve (12) months preceding the event giving rise to the claim, and neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data. Nothing in these Terms limits or excludes either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) intent or gross negligence; or (d) any other liability that cannot be limited or excluded under applicable law (in particular, under German law, liability under the Product Liability Act (Produkthaftungsgesetz) and liability for the breach of a material contractual obligation (wesentliche Vertragspflicht), which is limited to foreseeable, typical damage).

12. Term and termination

These Terms take effect when Customer signs an Order Form or first accesses the Service, and continue for the subscription term stated in the Order Form. Either party may terminate for the other party's uncured material breach on 60 days' written notice. Upon termination, Customer's access ends, and Quinta will delete or return Customer Data as set out in the Data Processing Agreement.

13. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the Service or legal requirements. We will give reasonable advance notice of material changes to Customer's administrators; continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

14. Governing law and jurisdiction

These Terms are governed by the laws of Germany, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. Subject to applicable mandatory consumer-protection or employment-law provisions, the courts at Cologne, Germany have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

15. General

Neither party may assign these Terms without the other's consent, except to a successor of substantially all of its business. If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms, together with any Order Form and the documents they reference, are the entire agreement between the parties regarding the Service and supersede any prior agreements on the same subject.

16. Contact

Questions about these Terms can be sent to maxtrainbombing. Our full legal contact details are listed in the imprint.