MASTER SERVICE AGREEMENT
This Master Service Agreement ("Agreement") governs access and use of the Services offered by Instaview s.r.o., a company incorporated under the laws of the Czech Republic, with its registered office at Kaprova 42/14, Prague 1, 110 00 Staré Město, Company ID No.: 23398574, registered with the Commercial Register maintained by the Municipal Court in Prague, file. No C 426429, operating under the trade name "InstaView" ("InstaView"), and the client submitting an Order Form in order to use the Services (the "Client"). Client desires to engage InstaView to provide their services.
By accessing or using the Services, submitting an Order Form, or clicking "I Agree" (or similar) in the online checkout process, you (on behalf of the Client) accept and agree to be bound by these terms. If you do not agree, do not use the Services. These terms form a legally binding agreement between InstaView and the Client. For questions, contact info@instaview.sk.
1. DEFINITIONS
The following terms shall have the meanings set forth below when used in this Agreement:
- "Candidate"means any individual who participates in an interview or assessment process using the Services at Client's request, or individuals whose public professional profiles are sourced, searched, or enriched via the Platform, regardless of whether they actively applied;
- "Client Data" means all data and content provided to InstaView by the Client, including Candidate information.
- "Enrichment Data" means data sourced from third parties to distinguish it from standard Client Data (which the client uploads themselves).
- "Documentation"means InstaView's standard user manuals, technical specifications, and other materials which may be provided by InstaView to the Client relating to the Services.
- "Order Form"means Client's electronic submission via InstaView's online platform specifying Services, subscription terms, and pricing from available Service Packages, binding upon InstaView's acceptance or other agreed method.
- "Platform"means InstaView's software platform through which Services are provided.
- "Service Packages"means the subscription tiers, pricing, and service offerings available to Client via their InstaView account dashboard following registration, which may vary based on Client's specific agreement with InstaView.
- "Services" means the interview, Candidate assessment, candidate sourcing, public profile scraping, data enrichment, X-ray searches, AI-based candidate matching, and related services provided by InstaView as specified in Order Forms.
- "Users"means Client's authorized employees and representatives who access Services.
2. SERVICES
2.1 Subject to this Agreement and applicable Order Forms, InstaView provides Client access to Services including: (a) automated voice interviews; (b) speech transcription and analysis; (c) interview management tools; (d) reporting and analytics; (e) integration capabilities; (f) support services; (g) automated candidate sourcing from public platforms; (h) profile data enrichment; (i) AI-driven Ideal Candidate Profile (ICP) matching. The Services are further described in detail at www.instaview.sk/services.
2.2 InstaView undertakes to maintain Platform availability using commercially reasonable efforts and applicable industry standard practices. Scheduled maintenance will be performed with advance notice where practicable, and InstaView will minimize any service interruptions.
2.3 InstaView may unilaterally modify Services or update Service Packages upon sixty (60) days written notice to Client. Continued use of Services after such notice shall be deemed acceptance of the modified terms. Client may terminate if objecting to changes by providing written notice before the effective date.
2.4Order Forms may be executed by Client through electronic acceptance on InstaView's online platform or through such other method as agreed by the parties.
3. CLIENT RESPONSIBILITIES
3.1 Client shall: (a) designate authorized Users; (b) ensure compliance with this Agreement; (c) maintain credential confidentiality; (d) promptly notify InstaView of unauthorized access; and (e) be responsible for all account activities.
3.2Client represents and warrants that: (a) it has lawful authority to use Services; (b) all necessary Candidate consents and authorizations have been obtained; (c) the use of Services complies with applicable laws; and (d) the Client is solely responsible for fulfilling "Article 14 GDPR" obligations (providing privacy notices to candidates whose data was sourced publicly) upon their first contact with the candidate.
3.3 Client is solely responsible for accuracy, completeness and compliance with the applicable laws of all Client data and validating technology-generated assessments against business requirements.
3.4 Client shall not: (a) use Services unlawfully or discriminatorily; (b) reverse engineer the Platform; (c) introduce harmful code; (d) exceed usage limits; (e) interfere with Platform operation; or (f) use the Services in a way that violates the Terms of Service or Acceptable Use Policies of third-party platforms (including, but not limited to, restrictions on automated data collection, scraping, or mass outreach on platforms like LinkedIn or GitHub).
3.5 Client shall provide InstaView with reasonable cooperation, information, and access necessary for Service provision, including timely responses to requests for clarification regarding job requirements, evaluation criteria, and technical specifications.
4. AUTOMATED TECHNOLOGIES AND COMPLIANCE
4.1 Client acknowledges that:
- Services use automated systems that incorporate artificial intelligence technology, requiring meaningful human oversight in Client's processes;
- assessments are algorithmic outputs that may contain errors, biases, or limitations; and
- results represent probabilities, not definitive determinations.
4.2 InstaView makes no warranties regarding: a) predictive value or job performance correlation; or (b) hiring outcomes, Candidate quality, or performance.
4.3 Client undertakes to: (a) maintain meaningful human involvement in hiring decisions; (b) implement review processes for automated recommendations; and (c) retain final decision-making authority.
4.4 InstaView shall comply with laws governing technology providers, maintain technical documentation, implement security measures, and ensure industry-standard performance.
4.5 Client must inform Candidates of automated technology use and provide explanations as required by law.
5. DATA PROTECTION
5.1 Both Client and InstaView undertake to execute this Agreement in compliance with the applicable laws concerning the protection of personal data.
5.2 The parties regulated their respective responsibilities regarding the processing of personal data at www.instaview.sk/privacy-policy.
5.3 InstaView implements commercially reasonable technical and organizational measures to protect personal data.
6. INTELLECTUAL PROPERTY
6.1 InstaView retains all right, title, and interest in and to: (a) the Platform, Services, and Documentation; (b) all algorithms, Platform Technologies, software, and proprietary technology; (c) all improvements, modifications, and derivative works thereof; (d) all trademarks, service marks, trade names, and logos; and (e) all related intellectual property rights. Client receives only the limited rights expressly granted herein.
6.2 Subject to compliance with this Agreement, InstaView grants Client a limited, non-exclusive, non-transferable, revocable license during the subscription term to: (a) access and use Services solely for internal business purposes; (b) use Documentation in connection with authorized Service use; and (c) permit authorized Users to access Services. Client may not: (i) reverse engineer, decompile, or derive source code; (ii) modify, adapt, or create derivative works; (iii) remove proprietary notices; (iv) use Services for competitive analysis; or (v) sublicense or distribute Services.
6.3 Client retains ownership of the Client Data, including Candidate information. Client grants InstaView a limited license to use Client Data solely to: (a) provide Services; (b) fulfill Agreement obligations; and (c) comply with legal requirements. This license terminates upon Agreement termination, subject to retention requirements.
6.4 InstaView may collect, analyze, and use aggregated, anonymized, and de-identified data derived from Service usage for: (a) improving and developing Services; (b) training and enhancing Platform Technologies; (c) generating industry insights and benchmarks; and (d) research and development. Such use shall not identify Client or Candidates and must comply with data protection laws. InstaView owns all rights in aggregated data.
6.5 Client assigns all rights in feedback to InstaView for unrestricted use without compensation.
6.6 Services may incorporate third-party content subject to applicable licenses. InstaView will indemnify Client against valid infringement claims for unmodified Services in line with Article 9.4.
7. FINANCIAL TERMS
7.1 All fees for Services, including Subscription Fees and fees for usage-based Services (such as individual interview minutes, sourcing credits, profile unlock fees, or enrichment costs), must be paid in advance. Services will not be activated or made available until full payment of the applicable fees is received by InstaView.
7.2All payments under this Agreement shall be processed exclusively through Stripe, Inc. ("Stripe"), InstaView's designated third-party payment processor. Client agrees to provide and maintain a valid payment method within its Stripe account linked to the InstaView Platform.
7.3 By providing a payment method, Client expressly authorizes InstaView (through Stripe) to charge all applicable fees, including recurring Subscription Fees and charges for any purchased usage credits, to the designated payment method. For recurring subscriptions, Client authorizes recurring charges at the start of each new subscription term.
7.4 All fees paid to InstaView are final and non-refundable. Client acknowledges and agrees that no refunds, credits, or chargebacks will be issued for any fees paid, including but not limited to unused subscription periods, unutilized usage credits, or early termination of Services.
7.5 Each party is responsible for its own taxes arising from or relating to this Agreement. If InstaView is required to collect taxes on behalf of Client, such taxes will be invoiced separately.
7.6If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, Client's access to the Services may be immediately suspended or terminated at InstaView's sole discretion. InstaView is not responsible for any fees or charges (e.g., overdraft fees) assessed by Client's bank or credit card issuer.
7.7 Client agrees to comply with all terms and conditions of the Stripe Services Agreement (available at https://stripe.com/legal/ssa), including any applicable payment method terms. By using Services, Client authorizes InstaView to share necessary payment information with Stripe for processing. InstaView is not liable for any errors, delays, or failures in payment processing caused by Stripe or third-party payment networks. Client is solely responsible for resolving any disputes, chargebacks, or refunds directly with Stripe or their issuing bank. InstaView reserves the right to suspend Services if Stripe flags the Client's account for fraud, high-risk activity, or non-compliance.
7.8Late payments incur interest at 1.5% per month. If Client fails to pay within ten (10) days after the due date, InstaView may, suspend Client's access to Services until payment is received.
7.9 Enrichment credits/fees are non-refundable even if the third-party data scraped is outdated, inaccurate, or incomplete, because InstaView does not control external public web data.
8. WARRANTIES AND DISCLAIMERS
8.1 Each party warrants: (a) full authority to enter this Agreement; (b) execution will not violate laws or other agreements; and (c) this Agreement is valid and binding.
8.2 InstaView warrants: (a) workmanlike service performance; (b) material conformance to Documentation; (c) no knowing introduction of harmful code; and (d) commercially reasonable compliance efforts with applicable provider laws.
8.3EXCEPT AS EXPRESSLY SET FORTH, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES. INSTAVIEW DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.4 InstaView does not guarantee the accuracy, completeness, or current status of any Enrichment Data sourced from public platforms. InstaView does not warrant that third-party platforms will remain available for sourcing/scraping, and external platform changes that disrupt sourcing do not constitute a breach of this Agreement.
9. LIABILITY LIMITATION AND INDEMNIFICATION
9.1INSTAVIEW'S TOTAL LIABILITY SHALL NOT EXCEED FEES PAID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WITH ABSOLUTE MAXIMUM OF EUR 5.000 PER INCIDENT AND EUR 10.000 AGGREGATE.
9.2 NEITHER PARTY IS LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING: loss of profits, business interruption, data loss, reputational harm, press coverage, social media complaints, business consequences resulting from use or misinterpretation of Services, hiring costs, employment claims, regulatory fines, or third-party hiring-related claims.
9.3Client indemnifies InstaView from claims arising from: (a) use of the Services and the Client Data in breach of this Agreement and applicable laws; (b) hiring decisions based on assessments; (c) employment-related claims; (d) compliance failures with automated decision-making laws; (e) inadequate Candidate consents; (f) the Client's failure to provide required GDPR notices to passively sourced candidates; and (g) the Client's violation of third-party platform acceptable use policies.
9.4InstaView indemnifies Client from third-party claims alleging: (a) Service infringement of intellectual property rights; or (b) InstaView's material breach of provider obligations directly causing regulatory penalties, subject to prompt notice, control of defense, and reasonable cooperation.
10. CONFIDENTIALITY
Each party maintains strict confidentiality of the other's confidential information, using it solely for Agreement purposes and protecting it with reasonable care. Obligations exclude publicly available information, previously known information, independently developed information, or legally required disclosures.
11. TERM AND TERMINATION
11.1 This Agreement commences on the Effective Date and continues until terminated. Individual subscriptions are governed by Order Forms.
11.2 Either party may terminate: (a) for convenience with sixty (60) days notice; or (b) for cause with thirty (30) days cure period after written notice.
11.3 Upon termination of this Agreement: (a) all rights and licenses cease immediately; (b) all active Order Forms are automatically terminated; (c) InstaView shall cease providing Services immediately; (d) confidential information shall be returned; and (e) data handling shall follow the Data Processing Agreement. Termination of individual Order Forms does not terminate this Agreement or affect other Order Forms; (f) No refund of any pre-paid fees shall be due to the Client, regardless of the reason for termination.
12. GENERAL PROVISIONS
12.1 This Agreement is governed by Czech Republic law. Disputes are resolved exclusively by Prague courts.
12.2 Client may not assign this Agreement without InstaView consent. InstaView may assign to affiliates or in connection with mergers, acquisitions, or asset sales.
12.3 This Agreement, Order Forms, and incorporated documents constitute the entire agreement, superseding all prior agreements.
12.4 This Agreement may be modified only by written agreement signed by authorized representatives of both parties, except as provided in Article 2.3 regarding Service modifications.
12.5 Invalid provisions are replaced with valid provisions approximating original intent.
12.6 Neither party is liable for delays due to circumstances beyond reasonable control.
12.7 Each party shall comply with applicable laws, including data protection, employment, and automated decision-making regulations.
12.8Client agrees that InstaView may: (a) identify Client as an InstaView customer in sales presentations and marketing materials; (b) use Client's name, logo, and basic service information for reference purposes; (c) request testimonials or case studies from Client; and (d) display Client's logo on InstaView's website and promotional materials, subject to Client's reasonable trademark usage guidelines. Client may withdraw this consent by providing thirty (30) days written notice to InstaView, after which InstaView will remove Client references from new materials within a reasonable timeframe.
12.9 For questions about these terms, services, or billing, contact: info@instaview.sk.