Legal
Definitions
In these pages, the following terms, beginning with a capital letter, whether singular or plural, will have the following meanings.
| Term | Definition |
|---|---|
| Additional Services | Any additional services separately rendered by Pera in connection to the Service, and which need to be agreed upon through a separate agreement; |
| Affiliate | Any person, firm, trust, partnership, corporation, company or other entity or combination thereof, which directly or indirectly, Controls Customer, is Controlled by Customer, or is under common Control with Customer. “Control,” for purposes of this definition, means direct or indirect ownership of more than fifty percent (50%) of the voting interests of Customer; |
| Authorized User | Any individual to whom Customer grants access authorization to use the Cloud Service that is an employee, agent, contractor, or representative of Customer Customer’s Affiliates, and/or Customer’s and Customer’s Affiliates’ Business Partners. |
| Business Partner | A legal entity that requires use of a Cloud Service in connection with Customer’s and its Affiliates’ internal business operations. These may include customers, distributors, service providers and/or suppliers of Customer. |
| Cloud Materials | Any materials provided or developed by Pera (independently or with Customer’s cooperation) during performance under the Agreement, including in the delivery of any support or Consulting Services to Customer. Cloud Materials do not include the Customer Data, Customer Confidential Information, or the Cloud Service. |
| Cloud Service | Any distinct, subscription-based, hosted, supported, and operated on-demand solution provided by Pera under an Order Form. |
| Confidential Information | All information relating to a Party’s business affairs, including and without limitation any technical, financial, operational, administrative, marketing, economic and other information document or data of any kind including Customer Content disclosed by one Party to the other or by a third party, whether recorded or transmitted orally, in writing, electronically or otherwise that is either identified or marked as "confidential" or "proprietary" at the time of such disclosure or which under the circumstances surrounding the disclosure can reasonably be presumed to be confidential or secretive and that relates to either Party’s past, present and future plans, businesses, activities, products, software, technologies, services, customers and suppliers or relates to Affiliates; |
| Consulting Services | Professional services, such as implementation, configuration, custom development and training, performed by Pera’ employees or subcontractors as described in any Order Form, and which are governed by the Supplement for Consulting Services or similar agreement. |
| Content | Results, Customer Content, User Content and Pera Content; |
| Customer | A natural or legal person who has therewith entered into an Agreement with Pera regarding the Service; |
| Customer Content | All information, data, or material in the form of images, videos, text and audio-visual material or any other content submitted by Customer; |
| Customer Data | Any content, materials, data and information that Authorized Users enter into the production system of a Cloud Service or that Customer derives from its use of and stores in the Cloud Service (e.g. Customer-specific reports). Customer Data and its derivatives will not include Pera’ Confidential Information. |
| Documentation | Pera's then-current technical and functional documentation as well as any roles and responsibilities descriptions, if applicable, for the Cloud Service which is made available to Customer with the Cloud Service. |
| Environment | The environment, which is accessible through a dedicated URL is managed by Customer, by which Customer is able to access the Results and User Content; |
| Intellectual Property Rights/IPR | All intellectual property rights and associated rights, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow; |
| Order Form | The medium by which Customer purchases a Cloud Service, including, as applicable, an ordering document that references the TOS. |
| Parties | Pera and Customer together, or separately referred to as “Party”; |
| Platform/Solution | The software-as-a-service platform, developed by Pera and/or its licensor(s) based on proprietary technology in the area of language analytics, psychology, artificial intelligence and machine learning with specific applications for HR, staffing and performance. Customer can access the Results visible through the Environment; |
| Results | The results of the digital interview process as completed by User in the Platform; |
| Pera |
Pera People Science B.V., a private company organised under the laws of the Netherlands, with an office at: Parallelweg 27 ‘s Hertogenbosch North Brabant 5223 AL The Netherlands In this matter legally represented by Rina Joosten-Rabou; |
| Pera Content | All information, data or material in the form of images, videos, text and audio-visual material or any other content not Customer Content, User Content or Results made available by Pera and/or its licensor(s) through the Service whether or not on a customized basis; |
| Pera Policies | The operational guidelines and policies applied by Pera to provide and support the Cloud Service as incorporated in an Order Form. |
| Service | All services that Pera provides to Customer, including the access and use of the Platform and the Environment; |
| Subscription Term | The term of a Cloud Service subscription identified in the applicable Order Form, including all renewals. |
| Supplement | As applicable, the supplemental terms and conditions that apply to the Cloud Service and that are incorporated in an Order Form. |
| Terms / Agreement | These service terms and their exhibits, addendums and any proposal or any other document by which Customer orders the Service, pertaining to the use of the Service and Additional Services; |
| Usage Metric | The standard of measurement for determining the permitted use and calculating the fees due for a Cloud Service as set forth in an Order Form. |
| User Content | All information, data or material or any other content, including but not limited to personal data, submitted by a User through the Platform. |
| Website | Pera's corporate website (www.getpera.com) |