Last updated: 23 August 2025

Article 1. Definitions

In these Terms and Conditions, the following definitions shall apply:

• Account: The personal account that the Customer can create via the Platform to use the Services.
• Agreement: Any agreement between Bluehero and the Customer under which Bluehero provides Services, of which these Terms and Conditions and, if applicable, the Data Processing Agreement form an integral part.
• Candidates: Natural persons who apply via the Platform in response to a vacancy of the Customer.
• Customer: The natural person or legal entity acting in the exercise of a profession or business, with whom Bluehero has entered into an Agreement.
• Data Processing Agreement: The agreement entered into between Bluehero and the Customer pursuant to Article 28(3) GDPR and Article 10 of these Terms and Conditions.
• Bluehero: Bluehero B.V., established in Voorburg, the Netherlands, registered with the Dutch Chamber of Commerce under number 98006657.
• Platform: The online platform of Bluehero, accessible via www.bluehero.io, on which the recruitment and selection process between Candidates and the Customer takes place.
• Services: All services provided by Bluehero to the Customer, including but not limited to: (i) access to and use of the Platform, (ii) maintenance of the Platform, (iii) candidate matching and insights, (iv) retention and data reporting.
• Intellectual Property Rights: All intellectual property rights and related rights, including but not limited to copyrights, database rights, domain names, trade names, trademarks, design rights, patents, and rights to know-how.
• Party/Parties: Bluehero and/or the Customer.

Article 2. Formation and Term of the Agreement

1. The Agreement is concluded on the date of the Customer’s registration on the Platform or by signing a Service Agreement.
2. These Terms and Conditions apply to the registration process, the use of the Account, and the use of the Services.
3. The Customer’s general terms and conditions are expressly excluded.
4. The Agreement is entered into for a minimum period of three (3) months. Thereafter, the Agreement continues for an indefinite period and may be terminated by the Customer at any time with one (1) month’s notice.
5. Bluehero may terminate the Agreement with immediate effect if the Customer fails to meet payment obligations, is declared bankrupt, or ceases business activities.

Article 3. Provision of Services

• Bluehero shall provide the Services as described in the Agreement and the Platform.
• The Customer shall provide all information necessary for proper performance of the Services.
• Bluehero may engage third parties in the performance of the Agreement.

Article 4. Responsibilities

• Bluehero shall perform the Agreement with due care; however, Bluehero has an obligation of best efforts, not an obligation to achieve a specific result.
• Bluehero is not liable for the accuracy or completeness of data provided by Candidates.
• The Customer indemnifies Bluehero against third-party claims if data or content provided by the Customer infringes third-party rights.

Article 5. Account

• The Customer is responsible for maintaining the confidentiality of login credentials.
• All activities carried out through the Account are the Customer’s responsibility.
• Creating an Account does not guarantee the successful placement of Candidates.

Article 6. Use of the Platform

• The Customer is prohibited from using Services in violation of laws, regulations, or these Terms.
• Bluehero may suspend or terminate access if misuse is suspected.

Article 7. Maintenance and Changes

• Bluehero may modify the Platform; significant changes will be announced in advance.
• Maintenance may result in temporary unavailability. Bluehero aims to perform this outside office hours.

Article 8. Support

• Bluehero provides support via support@bluehero.io during business days (08:00 – 18:00 CET).
• A separate SLA may be agreed upon for an additional fee.

Article 9. Availability

Bluehero strives for maximum availability but does not guarantee uninterrupted access. Bluehero may take emergency measures (e.g., during cyberattacks) that result in temporary downtime.

Article 10. Privacy and Data Processing

• Parties shall enter into a Data Processing Agreement in accordance with the GDPR where applicable.
• Bluehero acts in accordance with its Privacy Policy and Cookie Policy.

Article 11. Fees and Payment

The Customer shall pay a fee consisting of:

1. A subscription fee for Platform access.
2. Additional credits per vacancy, purchased separately.

Note: Invoices are issued in advance with a 30-day payment term. Late payment allows Bluehero to suspend access by operation of law. All prices are exclusive of VAT.

Article 12. Liability and Force Majeure

• Liability Cap: Limited to the amount (excl. VAT) paid by the Customer in the six (6) months prior to the damaging event.
• Exclusions: Indirect damages (loss of profit, data, etc.) are excluded except in cases of intent or deliberate recklessness.
• Force Majeure: Bluehero is not liable for failures beyond its control (e.g., DDoS attacks, power outages, natural disasters). If force majeure exceeds 90 days, either Party may terminate the Agreement.

Article 13. Intellectual Property

• All rights to the Platform and Services are owned by Bluehero or its licensors.
• The Customer receives a non-exclusive, non-transferable right of use for the duration of the Agreement.

Article 14. Amendments

Bluehero may amend these Terms. Substantial changes will be announced 30 days in advance. If the Customer disagrees, they may terminate the Agreement before the change takes effect.

Article 15. Confidentiality

Both Parties shall treat confidential information as strictly confidential. Disclosure is only permitted where legally required.

Article 16. Final Provisions

• Governing Law: Exclusively Dutch law.
• Jurisdiction: Competent court in The Hague, the Netherlands.
• Severability: If any provision is void, the remaining provisions remain in full force.