Acceptance of Terms

By accessing or using evalHR (the "Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

License

Cappsule Sàrl grants you a non-exclusive, non-transferable, limited license to access and use the Service solely for your internal business purposes strictly in accordance with the terms of this Agreement.

Account Responsibilities

When you create an account with us, you must:

Provide accurate and complete information
Maintain the security of your account credentials
Promptly notify us of any unauthorized access or use
Accept responsibility for all activities that occur under your account

Restrictions

You agree not to, and you will not permit others to:

a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Service or make the Service available to any third party.
b) Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Service.
c) Use the Service to store or transmit malicious code, or to violate any applicable laws or regulations.
d) Interfere with or disrupt the integrity or performance of the Service.

Your Data

You retain all rights to the data you submit to the Service. By using evalHR, you grant us a limited license to process your data solely for the purpose of providing the Service, including AI-powered features such as questionnaire generation and review analysis.

AI Features and Limitations

evalHR includes AI-powered features to enhance your experience. By using these features, you acknowledge and agree to the following:

a) AI Provider: Our AI features are powered by third-party large language models (LLMs) provided by Anthropic (Claude). We do not train or fine-tune these models with your data.
b) Question Generation: AI generates performance review questions based on company descriptions, industries, and job roles you provide. The AI does not access personal employee data to generate questions.
c) Review Analysis: AI may analyze aggregated review responses to generate summaries, identify trends, and suggest development goals. These insights are intended to assist, not replace, human judgment.
d) Accuracy Disclaimer: AI-generated content is provided as suggestions only. The AI may occasionally produce inaccurate, incomplete, or biased outputs. You are responsible for reviewing all AI outputs before use and making final decisions based on your own judgment.
e) No Guarantees: We do not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated content. AI features are provided "as is" without warranty.
f) Human Oversight: All AI-generated content should be reviewed by qualified personnel before being used in employment decisions or official performance evaluations.

Modifications to Service

Cappsule Sàrl reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We will make reasonable efforts to notify you of significant changes that may affect your use of the Service.

Payment Terms

Paid subscriptions are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated otherwise. We reserve the right to change our pricing upon 30 days notice.

Term and Termination

This Agreement shall remain in effect until terminated by you or by Cappsule Sàrl. Cappsule Sàrl may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Cappsule Sàrl, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting your account and ceasing all use of the Service.

Upon termination of this Agreement, you shall cease all use of the Service. You may request an export of your data within 30 days of termination.

Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

In no event shall Cappsule Sàrl be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

Cappsule Sàrl reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.

Contact Information

If you have any questions about this Agreement, please contact us at:

info@cappsule.io