Terms and Conditions

Last updated: May 25, 2023

1. General Terms

This document sets forth the general terms and conditions (the "Terms and Conditions") that shall apply to the users (the "Users") of the digital and information platform (the "Platform") owned by Apli Inc., a company registered in Delaware, United States of America; and/or Apli Mexico S. de R.L. de C.V. and/or Apli Services Mexico S. de R.L. de C.V., companies registered in Mexico City, Mexico; and/or Apli Colombia S.A.S., a company registered in Bogotá, D.C., Colombia; and/or Apli Tecnologia em Recrutamiento LTDA, a company registered in Sao Paulo, Brazil, and their parent companies, controlling entities, affiliates, and subsidiaries (collectively referred to as "APLI" or "we"), as well as to the access and use of the website located at the URL https://www.apli.jobs/ and its subdomains (the "Website") and any portals, conversational interfaces, additional or auxiliary developments and/or programs that APLI directly or indirectly uses to provide its services (all of them collectively referred to with the Platform and the Website as the "Digital Media"). In this document, APLI may be referred to interchangeably as the "Company" or "we"; likewise, the phrases "our" or "ours'' will be understood as referring to APLI. The Terms and Conditions may also be referred to interchangeably as the Agreement, the "current document" or the "present instrument".

The present Terms and Conditions are addressed to the users of the Platform who are in the territory of the United States of America, the United Mexican States ("Mexico"), in the Republic of Colombia and in the Federative Republic of Brazil, as well as in any other jurisdiction where APLI provides its services and will be applicable and binding at all times when they are users. "Users" will refer to all people who register or access or use the Digital Media, by any device or computer.

2. Definitions

For better clarity of what is expressed in this document, we will use defined terms. For the purposes of this Agreement, the terms that appear defined in uppercase and that have not been defined differently in various sections of this document, will have the meaning attributed to them as follows:
‍
"Commercial Agreement" refers to the legal instrument (regardless of its particular denomination) signed by APLI and the Corporate Users, the objective of which is to establish the essential conditions of the provision of the SaaS Service.

"Interactions" refers to the exchanges of information between Candidate Users and Corporate Users, through the SaaS Service and/or through the Digital Media, for the purpose of carrying out, among other activities: (i) publishing and accepting digital job offers; (ii) scheduling and conducting interviews; (iii) automated application of evaluations and surveys; (iv) digital onboarding and staff training; and (v) in general, all types of activities related to recruitment, selection, staff training, and the optimization of human talent management."Job Postings" refers to the job openings published by Corporate Users through the Digital Media, to invite Candidate Users to apply for a job.

"Service or SaaS Service" refers to the online software solution for use and access through a network connection (commonly referred to as "software as a service" or by the acronym "SaaS"), which APLI provides directly to Corporate Users, the main purpose of which is to be an automated software tool that allows, among other functionalities, candidate sourcing, applicant screening, onboarding and training of staff and the optimization of talent management.

"Users" refers, jointly and indistinct and interchangeably, to Candidate Users and Corporate Users. "Candidate Users" refers to individuals who respond to any Job Postings from Corporate Users.

"Corporate Users" refers to individuals and legal entities that enter into a Commercial Agreement with APLI for the purpose of the latter providing the SaaS Service, in order for Candidate Users to apply to Job Postings from the Corporate Users.

3. Acceptance of the Terms and Conditions

By registering, accessing, or using the Digital Media, Users agree to comply with and be bound by these Terms and Conditions, constituting an agreement between Users and APLI. If you do not agree with these Terms and Conditions, please refrain from using the Digital Media. We recommend that Users carefully read these Terms and Conditions before proceeding to use the Digital Media.

    4. Description and Scope of Services

    APLI is a software service provider that provides the SaaS Service directly to Corporate Users, under the scope provided in the Commercial Agreement. The SaaS Service makes available to Corporate Users a tool to facilitate Interactions with Candidate Users.

    APLI's Platform aims to connect Users, through the tools contracted by Corporate Users via the SaaS Service. The SaaS Service is limited to facilitating contact between Users, applying automatic pre-screening rules and collecting information about Candidate Users. The final recruitment or talent management decisions are the responsibility of the Corporate User. Therefore, the provision of the SaaS Service does not imply that APLI recommends Candidate Users to Corporate Users, nor that the Company fully verifies the suitability or technical capacity of the Users.

    The artificial intelligence tools of the APLI Platform only apply rules and criteria for pre-selecting the profiles corresponding to the Candidate Users that meet the requirements specified by the Corporate Users. The final decision relating to the hiring of the Candidate User is made by the Corporate User.

    APLI's role is to facilitate the availability of the Platform and the Website and to provide services related to it. However, APLI is not a party to any agreement between Users, and the responsibility for any such agreement lies solely with the Users. 

    In providing the SaaS Service, APLI will act on behalf of and for the account of Corporate Users. Therefore, APLI will not participate in the determination of the contractual conditions agreed between Users, these being, illustratively: (i) perceptions and benefits; (ii) schedules and working hours; (iii) temporality of the contractual relationship; (iv) legal regime of the contractual relationship; and/or (v) performance evaluation results.

    Users can perform Interactions and apply to Job Postings through Electronic Media, without this having the scope to bind APLI in any of the aforementioned personal relationships. Users acknowledge that, under no circumstances, APLI can be considered as an employer, subcontractor, beneficiary or any analogous or similar figure with respect to Candidate Users.

    The responsibility for evaluating job proposals lies solely and exclusively with Candidate Users. APLI will not be their employer, job intermediary, or act as a subcontracting company or any similar entity. APLI will have no involvement or form part of the contract(s) that Users may enter into as a result of Interactions. APLI will not intervene in the contracting regime to which Users are subject to each other. APLI does not guarantee Candidate Users will be hired by Corporate Users, nor does it ensure that Candidate Users will achieve favorable results in evaluations processed through the SaaS Service.

    APLI assumes no responsibility in the event that Users terminate (justifiably or unjustifiably, unilaterally or by mutual agreement) the contractual relationship previously entered into between them. Users exempt APLI from any disputes, claims, demands, proceedings, requests and in general, all kinds of actions related to the disclaimers listed above.APLI has no control over the conduct of Users, linked third parties, and any other users of the site, application, or services, and disclaims all liability in this regard to the maximum extent permitted by law.

      5. User Registration

      In order to access and use certain features of the Platform, you must register and create an account (the "Account"). During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. APLI reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

      Registration on the Platform will be conducted through the Digital Media. APLI may enable various functionalities for Users to carry out a registration associated with the data registered on corporate directory services, social networks, messaging apps, or through an email account.

      All Users declare that they have the capacity to contract, in accordance with the legislation applicable in their respective domiciles. Only individuals of legal age, that is, eighteen (18) years of age at the time of registration on the Platform, may request the activation of a User Account.

      Users are responsible for the custody of their password or authentication method at all times, thereby assuming any damages and losses that could result from its misuse, as well as the transfer, disclosure, or loss of it. It is strictly prohibited for Users to share their password, allow access to their User Account to any third party, access APLI's Digital Media from shared use devices that do not require secure authentication for each user or from non-shared devices that are not protected with secure user and password access and automatic session closure in case of inactivity. If the password is forgotten or if there is any other circumstance that implies a risk of access and/or use by unauthorized third parties, the User will immediately communicate it to the Company's Support and Assistance Center so that it can immediately proceed to block and replace it.

      The User recognizes the personal and non-transferable nature of the password and access to APLI's Digital Media, which will be under their custody or care. Therefore, it is exclusively the User's responsibility for any damage or loss that could be a consequence of their misuse.

      By registering, Users represent and warrant that they have the capacity and authority to enter into binding contracts, including these Terms and Conditions. If you are registering on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity, its affiliates, and all users who access the Digital Media through your account to these Terms and Conditions, in which case the terms "you" and "your" shall refer to such entity, its affiliates, and users associated with it.

      7. Consideration

      The use of Digital Media will be free for Candidate Users. For their part, Corporate Users will have to pay APLI the amount agreed in the Commercial Agreement, in consideration for the SaaS Service.

      8. Use of Digital Media

      Subject to these Terms and Conditions, APLI grants Users, and Users accept from APLI, a limited, personal, non-assignable, non-sublicensable, non-transferable, revocable, and non-exclusive license for the use of the Platform and the rest of the Digital Media within the territory of the United States of America, Mexico, Colombia, Brazil, and any other jurisdiction where APLI is providing its services (the “Usage License”). No source code or license to use source code is granted under the terms of this section.

      Users agree to use the Digital Media appropriately and lawfully, in accordance with applicable law, this instrument, generally accepted morals and public order. Users shall refrain from engaging in the following behaviors: (i) inappropriate, unlawful or fraudulent use of the Digital Media; (ii) accessing or attempting to access restricted or unauthorized resources within the Digital Media; (iii) using the Digital Media for illegal purposes, harmful to the rights or interests of third parties, or in any way that can damage, disable or overload or impede the normal use or enjoyment of the Service; (iv) causing damage to the Digital Media or the systems of its providers or third parties; (v) introducing or spreading computer viruses or attempting to distribute any physical or logical systems that may cause damage to APLI's systems, its providers, or third parties; (vi) attempting to access, use and/or manipulate APLI data; third-party providers and other Users; (vii) using any automatic system, including "robots", "spiders" or "scrapers" that send more requests to APLI's servers than a human user could reasonably use in the same period of time; (viii) reproducing or copying or distributing any elements inserted in the Digital Media without the corresponding authorization; and (ix) performing or attempting to perform reverse engineering, decompiling or reverse compilation, disassembling, listing, printing or displaying the software, firmware, middleware or any other part of the source or compiled code that integrates the Platform and any of its programs or components, or by any other means obtaining the source code or other proprietary information from the Digital Media.

      Corporate Users must adhere to the following guidelines:

      APLI's Platform and Digital Media are not designed to comply with specific sector regulations such as those that may govern the provision of financial services, healthcare or services to governmental or military institutions, so the use of the SaaS

      9. User Content

      In the event that users upload content to the Digital Media in text, multimedia, audio, video, or any other format (the "Content"), the user in question grants APLI, and APLI accepts from the User, a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, transferable, and sub-licensable license across multiple levels, which includes the exercise of all copyright rights, rights under any industrial or intellectual property laws, patents, trademarks, publicity rights, and the rights associated with the protection of databases or personal data or any other similar or related rights, in respect of the Content.

      10. Privacy

      By subscribing or accepting these Terms and Conditions, users declare that they have read and expressly accepted APLI's Privacy Notice, which is available at https://www.apli.jobs/en/legal/privacy-notice. For more information on the treatment of your personal data, users should consult the Privacy Notice.

      11. Relationship between Parties

      For the purposes of this Agreement, the Users and the Company together are referred to as the "Parties." The Parties recognize that they are all independent of each other, so they agree that the subscription of these Terms and Conditions will be a private contractual relationship, without giving rise to interpreting this relationship as a partnership, association, joint venture, agency, or employment relationship between the Users and APLI.

      Each User acknowledges and accepts that the relationship that Users-Candidates and Users-Corporate assume among themselves, whether directly or with the intervention of a third party, is completely independent and separate from APLI and will not create obligations to APLI.

      12. Commercial Agreement

      Concerning all those provisions not expressly agreed in the Commercial Agreement, Corporate Users agree to abide by the stipulations contained in these Terms and Conditions. In case of contradiction between the provisions provided in this instrument and those regulated in the Commercial Agreement, the Commercial Agreement will prevail.

      13. Force Majeure

      The Company will not be liable to the Users, under this agreement, if the Digital Media cannot be used or the Service cannot be provided due to force majeure, including, but not limited to, fires, floods, hurricanes, storms, cyclones, earthquakes, strikes, wars, insurrections, riots, rebellions, shutdowns, cyber-attacks by hackers, unforeseeable events, major disruptions of cloud computing or messaging platforms, or other causes of a similar or different nature.

      14. Transfer of Rights and Obligations

      Users may not assign their rights and obligations assumed when subscribing to these Terms and Conditions, without the prior written consent of a legal representative of APLI. On the other hand, the Company may assign these Terms and Conditions to any third party that succeeds it in the exercise of its business or assumes ownership of the Digital Media or that is within its same business group.

      15. Notifications

      The Company may make appropriate notifications through a general publication disseminated in the Digital Media, through a notice sent to the email address provided by the Users when registering their User Accounts, or through notification by traditional mail addressed to the address indicated by the Users when registering their User Accounts. The User may notify the Company by sending an email to the contact address indicated in the section related to the Customer Service and Support Center.

      16. Survival

      If any term, condition, section, or provision provided in these Terms and Conditions is considered or could be considered null, invalid, illegal, prohibited, or unenforceable in any jurisdiction , such term, condition, section, or provision shall be severed from this Agreement, without this implying the nullity or invalidity of the remaining terms or conditions. The Company shall replace the corresponding term, condition, section, or provision, in accordance with applicable regulations.

        17. Validity

        These Terms and Conditions will remain in effect and will be obligatory and binding for all Users who: (i) have an active User Account on the Digital Media and do not request its deletion or cancellation; (ii) have entered into a Commercial Agreement with APLI, in the case of Corporate Users, in which case the obligation of this instrument will extend, at least, to the validity of the Commercial Agreement; or (iii) engage in Interactions or apply to Job Postings, in which case the obligation of this instrument will extend, at least, to the validity of the contractual relationship assumed between the Users.

        18. Disclaimer of Warranties

        Users will use the Digital Media at their sole and exclusive responsibility, thereby expressly assuming any contingency that may be attributable to failures, breakdowns, or malfunctioning of the Digital Media or harmful actions caused by Candidate Users to the detriment of Corporate Users, or vice versa. Users waive any right to compensation or reimbursement against APLI arising from the above situations, to the extent permitted by applicable legislation in the United States, Mexico, Colombia, and Brazil, as applicable, as well as in any other jurisdiction where APLI provides its services.

        19. Limitation of Liability

        Upon subscribing to these Terms and Conditions, Users are notified about the scope of the SaaS Service, which is strictly and limitedly aimed at facilitating Interactions and the exchange of Job Postings among Users.

        In that understanding and based on applicable law, Users expressly waive, to the fullest extent permitted by current legislation, any action, demand, complaint, claim, or attempt at any judicial or extrajudicial procedure against APLI, derived from or motivated by damages and/or losses (including moral damages) they may suffer due to: (i) the validity of these Terms and Conditions; (ii) the verification of Interactions; (iii) the exchange of Job Postings; and (iv) the execution of the contractual relationship established between Users themselves.

        Users agree to hold harmless and indemnify APLI, its partners, shareholders, investors, representatives, agents, legal advisors, service providers, and employees from any expenses, damages, and/or losses (including reasonable attorneys' fees) they may suffer due to any complaints, demands, litigations, inspections, verifications or, in general, judicial, administrative, or extrajudicial procedures initiated against APLI or the aforementioned persons, due to: (i) the validity of these Terms and Conditions; (ii) the verification of Interactions; (iii) the application to  Job Postings; and (iv) the execution of the contractual relationship established between Users themselves.

        Corporate Users accept that Candidate Users are independent third parties of APLI. Corporate Users will bear any contingencies derived from actions, claims, complaints, disputes, trials, or procedures initiated by or at the behest of Candidate Users against them. Therefore, Candidate Users expressly waive any demand, action, claim, request, indemnification, reimbursement, and/or repetition against APLI.

        20. Limitation of Liability

        Upon subscribing to these Terms and Conditions, Users are notified about the scope of the SaaS Service, which is strictly and limitedly aimed at facilitating Interactions and the exchange of Job Postings among Users.

        In that understanding and based on applicable law, Users expressly waive, to the fullest extent permitted by current legislation, any action, demand, complaint, claim, or attempt at any judicial or extrajudicial procedure against APLI, derived from or motivated by damages and/or losses (including moral damages) they may suffer due to: (i) the validity of these Terms and Conditions; (ii) the verification of Interactions; (iii) the exchange of Job Postings; and (iv) the execution of the contractual relationship established between Users themselves.

        Users agree to hold harmless and indemnify APLI, its partners, shareholders, investors, representatives, agents, legal advisors, service providers, and employees from any expenses, damages, and/or losses (including reasonable attorneys' fees) they may suffer due to any complaints, demands, litigations, inspections, verifications or, in general, judicial, administrative, or extrajudicial procedures initiated against APLI or the aforementioned persons, due to: (i) the validity of these Terms and Conditions; (ii) the verification of Interactions; (iii) the application to  Job Postings; and (iv) the execution of the contractual relationship established between Users themselves.

        Corporate Users accept that Candidate Users are independent third parties of APLI. Corporate Users will bear any contingencies derived from actions, claims, complaints, disputes, trials, or procedures initiated by or at the behest of Candidate Users against them. Therefore, Candidate Users expressly waive any demand, action, claim, request, indemnification, reimbursement, and/or repetition against APLI.

        20. Customer Service and Reporting

        For any requests, complaints, or reports related to the Service, Users should contact the Company's Customer Service and Support Center, within a maximum period of five (5) calendar days following the event they wish to report or request clarification on.

        Customer Service and Support Center:
        Email: support@apli.jobs

        21. Applicable Legislation and Competent Jurisdiction

        The Parties hereby emphatically agree that this Contract will be governed and interpreted in accordance with the applicable legislation in the jurisdiction where APLI is providing its services, thereby expressly and irrevocably waiving any other legislation that could be applicable by virtue of their current or future domiciles or for any other reason or concept.

        For any controversy related to the validity, interpretation, and compliance with these Terms and Conditions, the Parties expressly and irrevocably agree and consent to submit exclusively to the jurisdiction of the competent courts located in Delaware, United States, Mexico City, Bogotá D.C., Colombia, São Paulo, Brazil, or any other jurisdiction where APLI is providing its services, and hereby expressly and unconditionally waive, to the fullest extent permitted by law, any other jurisdiction they might be entitled to for reasons of their current or future domiciles or for any other reason.

        22. Legislación aplicable y jurisdicción competente

        APLI reserves the right to modify these Terms and Conditions at any time. The revised version will be effective at the time APLI posts it on the Website or Platform. Any use of the Digital Media after such changes will be deemed to constitute acceptance of such changes. Please check this page regularly to ensure you are aware of the current version.

        APLI reserves the right to modify these Terms and Conditions at any time. The revised version will be effective at the time APLI posts it on the Website or Platform. Any use of the Digital Media after such changes will be deemed to constitute acceptance of such changes. Please check this page regularly to ensure you are aware of the current version.