1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the websites, applications and services of Qode, a product of Olik Pte Ltd (Company Registration Number: 202103692E) (“Qode”, “we”, “us”, “our”) (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation, and “you” refers to that organisation.

We design and operate the Services in compliance with applicable data protection, privacy, employment-related and artificial intelligence laws, including the EU General Data Protection Regulation (GDPR), the UK GDPR and Data Protection Act 2018, the EU Artificial Intelligence Act, Vietnam’s Law on Personal Data Protection and Decree 13/2023/ND-CP, Vietnam’s Law on Artificial Intelligence, and Singapore’s Personal Data Protection Act. Our information security programme is independently examined against the AICPA SOC 2 Type II standard. Our Privacy Policy (antler.qode.world/privacy-policy) explains how we handle personal data and forms part of these Terms by reference.

2. The Services

Qode provides software and tools for recruitment and candidate evaluation, which may include:

• Candidate search: discovering and viewing candidate profiles from internal databases and publicly available sources;

• Contact information retrieval: retrieving candidate contact details solely for lawful recruitment purposes;

• AI-assisted screening and matching: through Tracy, our AI recruiting assistant, and related features;

• Interview scheduling: facilitating scheduling between recruiters and candidates;

• Private talent pool management: building, managing and curating private candidate databases;

• Communications: sending recruitment-related communications such as interview invitations, application status updates, reminders and feedback notifications, in accordance with our Privacy Policy and applicable law. Recipients may opt out of non-essential communications at any time.

3. AI Features and Responsible Use

Tracy and other AI features are clearly identified as artificial intelligence, and AI-generated content is marked or labelled where the law requires. AI features are decision-support tools: they do not make final hiring, rejection or other decisions with legal or similarly significant effects on a solely automated basis.

If you use AI features in your recruitment processes, you agree to:

• Maintain meaningful human review of AI-assisted outputs before making decisions about candidates;

• Use AI outputs only as one input among others, and not as the sole basis for rejecting or selecting a candidate;

• Comply with your own obligations under applicable AI and anti-discrimination laws when deploying AI features, including any transparency, oversight, impact-assessment or notification duties that apply to you as the user of an AI system;

• Not use the Services to evaluate individuals on the basis of protected characteristics or for purposes prohibited by applicable AI laws.

AI outputs are probabilistic and may contain inaccuracies. You are responsible for verifying outputs before relying on them.

4. Personal Data and Privacy

Our collection and use of personal data is governed by our Privacy Policy. Where consent is the legal basis for processing, we obtain it through separate, specific consent mechanisms. Acceptance of these Terms does not itself constitute consent to the processing of personal data.

• Roles. For candidate data that you upload or manage in your private talent pools, you are the controller and Qode is your processor under our Data Processing Agreement, which applies to such processing and is incorporated into these Terms. For data Qode sources from publicly available and licensed third-party sources, and for account and usage data, Qode acts as controller as described in the Privacy Policy.

• Your lawful basis. You warrant that you have a lawful basis, and have given any legally required notices and obtained any legally required consents, for all personal data you upload to or process through the Services.

• Sharing with employers and clients. Where candidate information is shared with prospective employers or our clients, they receive it as independent controllers, are bound by confidentiality and use restrictions, and are responsible under applicable law for their own subsequent processing. We will cooperate in good faith with data subjects and regulators in respect of any misuse of which we become aware.

• Security. We protect personal data using the technical and organisational measures described in our Privacy Policy, including encryption in transit and at rest, access controls and independent SOC 2 Type II examination. We retain personal data only as long as necessary for the purposes for which it was collected or as required by law.

• Candidates. If you are a candidate, you may exercise your privacy rights (access, correction, deletion, objection, consent withdrawal and others) as described in the Privacy Policy, by contacting privacy@antler.qode.world.

5. Account Registration

To access certain features, you must create an account with accurate and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. Notify us promptly at contact@antler.qode.world of any suspected unauthorised use.

6. User Responsibilities and Acceptable Use

You agree to:

• Use the Services in compliance with applicable laws, including data protection, anti-discrimination, employment and AI laws;

• Provide only accurate, lawful and authorised data;

• Use candidate contact details and profiles solely for legitimate recruitment purposes;

• Not misuse the Services for any unlawful, abusive or unauthorised purpose.

You agree not to:

• Use the Services to violate any applicable law or third-party rights;

• Scrape, crawl or harvest data from the Services, or use automated systems to extract data, without our written authorisation;

• Use the Services for unsolicited marketing or candidate spam;

• Misrepresent your identity or affiliations;

• Interfere with, probe or attempt to access systems or data without permission, or circumvent security or usage controls;

• Resell, sublicense or make the Services available to third parties except as expressly agreed;

• Use the Services to build a competing product or to train models on data extracted from the Services.

7. Data Ownership and Rights

• User-provided and candidate data. You retain ownership of data you upload or submit (“User Data”). You grant us a non-exclusive licence to host and process User Data solely to provide and secure the Services and as permitted by the Data Processing Agreement. We do not claim ownership of your candidate information.

• Publicly sourced data. Information indexed from publicly available sources remains the property of the original source; we provide access to it subject to these Terms and applicable law.

• Platform-generated and aggregated data. We own anonymised or aggregated datasets derived from usage activity or AI-generated insights, provided such data does not identify any individual or your organisation.

8. Fees and Payment

Paid features are provided according to the pricing and billing terms presented at purchase or in your order form. Fees are exclusive of taxes unless stated otherwise. Late payment may result in suspension after reasonable notice.

9. Intellectual Property

All platform software, documentation, models, designs and visual content are the intellectual property of Qode (Olik Pte Ltd) or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services in accordance with these Terms. No other rights are granted. Feedback you provide may be used by us without restriction or obligation.

10. Confidentiality

Each party will protect the other’s confidential information with at least reasonable care, use it only to perform under these Terms, and disclose it only to those with a need to know who are bound by confidentiality obligations, or where required by law with prompt notice where lawful.

11. Third-Party Services

The Services may interoperate with third-party services (e.g. calendars, communication tools, job boards). Your use of those services is governed by their own terms, and we are not responsible for their availability or content. We remain responsible for our sub-processors as described in our Privacy Policy and Data Processing Agreement.

12. Suspension and Termination

You may stop using the Services and close your account at any time. We may suspend or terminate access: (a) for material violation of these Terms, with notice and a reasonable opportunity to cure where practicable; (b) immediately where necessary to prevent harm, unlawful activity or security risk; or (c) for non-payment after reasonable notice. Upon termination, we will, at your request made within 60 days, return or delete customer-managed data in accordance with the Data Processing Agreement, after which it is deleted or irreversibly anonymised except as required by law. Sections that by their nature should survive (including ownership, confidentiality, liability and governing law) survive termination.

13. Warranties and Disclaimers

We will provide the Services with reasonable skill and care and maintain the security commitments described in Section 4. Except as expressly stated, the Services are provided “as is” and, to the fullest extent permitted by law, we disclaim all other warranties, including fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, that candidate data sourced from public sources is complete or current, or that AI outputs are accurate; hiring decisions remain yours. Nothing in these Terms limits rights that applicable law grants you that cannot be limited by contract.

14. Limitation of Liability

To the fullest extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue or goodwill; and (b) each party’s total aggregate liability arising out of or relating to the Services is limited to the fees paid or payable by you to Qode in the 12 months preceding the event giving rise to the claim (or SGD 1,000 if you use only free Services). These limitations do not apply to liability that cannot be excluded by law, including liability for fraud, wilful misconduct, death or personal injury caused by negligence, or either party’s breach of its data protection obligations to the extent such liability cannot lawfully be limited.

15. Indemnification

You agree to indemnify and hold harmless Qode (Olik Pte Ltd) and its affiliates against third-party claims arising from: your use of the Services in breach of these Terms; your violation of applicable law, including privacy, anti-discrimination and AI laws; your misuse of candidate or third-party data; or data you upload without a lawful basis. We will indemnify you against third-party claims that the Services, as provided by us and used in accordance with these Terms, infringe their intellectual property rights, subject to prompt notice and control of the defence.

16. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Singapore, and the courts of Singapore have exclusive jurisdiction over disputes arising from these Terms. This does not deprive you of the protection of mandatory provisions of the law of your country of residence (including mandatory data protection and consumer rights) or your right to complain to your local regulator.

17. Changes to These Terms

We may update these Terms from time to time. We will post the updated version with a revised “Last updated” date and, for material changes, give you reasonable advance notice (e.g. by email or in-product notice) before they take effect. If you do not agree to the updated Terms, you may stop using the Services and close your account before the changes take effect; continued use after the effective date constitutes acceptance.

18. General

These Terms, together with the Privacy Policy, Data Processing Agreement and any order documents, are the entire agreement between us regarding the Services. If any provision is held unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets with notice to you. Neither party is liable for delay or failure caused by events beyond its reasonable control.

19. Contact Us

Questions regarding these Terms or Privacy matters: privacy@antler.qode.world.