Terms and Conditions of Use

Applies to clients and business users

3.1 The agreement

You take out a subscription with us to use the platform. The plan, the price and the term are set out in your order and in your dashboard. These terms form part of that agreement. We expressly reject any purchasing conditions of the employer.

The subscription continues until it is cancelled, subject to the notice period stated for your plan. Payment is made in advance, monthly or annually, through our payment service provider.

3.2 Payment, direct debit and late payment

Payments are handled by Mollie, a Dutch payment service provider supervised by the Dutch central bank (De Nederlandsche Bank). We therefore do not process your payment ourselves.

• We do not store payment details. Your account number and card details never enter our system; they stay with Mollie. We only see whether a payment succeeded and the amount.
• For a recurring subscription, you give a direct debit mandate with your first payment. You can have a direct debit reversed through your own bank within eight weeks; you always keep that right.
• If a direct debit fails, we try again and let you know. If payment is still not made, we may suspend access to the platform until payment is received. Your data is kept during that period.
• If you, as a business customer, do not pay on time, statutory commercial interest and out-of-court collection costs are due, without a reminder being required.
• If you reverse a direct debit without a valid reason although the service was properly delivered, the claim remains outstanding and the same rules apply as for late payment.
• We do not set off what you owe against claims you believe you have against us, and you may not suspend payment on those grounds.

Mollie is the controller for the processing of your payment data in its own right. What it does with that data is set out in its own privacy statement.

3.3 What we deliver, and what we do not promise

We give you access to the platform as it works at any given time. We do our best to keep it available and usable, but we do not promise uninterrupted availability, a minimum number of candidates, a minimum number of placements, or any particular quality of the candidates who respond.

The platform uses third-party services, including language models, email services and payment services. If those fail, the platform may stop working in whole or in part.

3.4 Your responsibility as an employer

This is the most important article of Part A. You remain the employer, and are therefore responsible for your own recruitment process. In practice:

• You make the selection decision. You may take Will's opinion into account, but you may not rely on it blindly. Assess candidates independently and on their merits.
• You provide meaningful human intervention: someone in your organisation who can assess a recommendation or rejection on its merits, can depart from the advice, and is authorised to do so.
• You are responsible for the content of your vacancies: job requirements, terms of employment and salary. You include a salary indication or salary range.
• You do not set requirements that directly or indirectly discriminate on the basis of gender, age, origin, religion, sexual orientation, disability or chronic illness, or any other protected ground, unless the law provides an exception.
• You use candidates' data only for the vacancy it was provided for, and for no longer than necessary.
• You make sure that your staff who work with the platform are sufficiently competent in the use of AI in recruitment.

3.5 We are not a temp agency

Will Werk does not supply workers and does not act as the candidate's employer. We match supply and demand. The employment contract or assignment is concluded between you and the candidate; we are not a party to it and do not guarantee its performance.

3.6 Liability

To the extent permitted by law, the following applies.

• We are not liable for indirect loss, including lost revenue, lost savings, missed candidates, delays in your recruitment process, reputational damage and business interruption.
• We are not liable for the consequences of a selection decision you make, even if you relied on an opinion from Will.
• We are not liable for inaccuracies in data provided by the candidate, or for the conduct of candidates.
• Our total liability per event, and for all events in a calendar year combined, is limited to what you paid us in the twelve months before the event, up to a maximum of € 10,000.
• A claim lapses if you do not report it to us in writing within twelve months of discovering it.

3.7 Will's mistakes, and who bears them

Will is a language model. Language models make mistakes, including mistakes a human would not make. That is not a one-off incident but a characteristic of the technology, which is why we address it separately here.

In particular, Will may: misread a CV, overlook a skill or invent one, misinterpret an answer from the conversation, judge a candidate too strictly or too leniently, rewrite a vacancy text incorrectly, or show a salary indication that does not match what the employer pays.

To the extent permitted by law, the following therefore applies between us and the employer:

• We do not warrant the accuracy, completeness or consistency of what Will produces. An opinion from Will is advice that you must check yourself.
• We are not liable for loss arising from Will assessing a candidate incorrectly or overlooking something in its findings.
• We are not liable for inaccuracies in a vacancy text rewritten by Will. You remain responsible for your own vacancy; check the text before it goes live.
• We are not liable for the consequences of a malfunction or change in behaviour of the underlying language models or other third-party services.
• If you make a decision based on an opinion from Will without checking it yourself, you bear the consequences.

3.8 Indemnity

If a candidate or a regulator holds you liable for something arising from your vacancy text, your job requirements or your selection decision, you bear that claim and indemnify us against it. Conversely, we indemnify you against claims arising from a defect in the platform itself, within the limits of section 3.6.

3.9 Use of the platform

Your account is for your organisation only. Do not share login details with third parties. You may not scrape, copy, sell or use the platform or its data in an automated way, or use it to train your own models. We may suspend access in the event of misuse.

3.10 Intellectual property

The platform, the software, the texts Will generates and their design remain ours. You receive a right to use them for as long as your subscription runs, no more and no less. Your own vacancy data and company data remain yours; you grant us the right to use them to provide the service, including rewriting and publishing your vacancies.

3.11 API connection

On the Pro and Enterprise plans you can create an API key and connect Will Werk to your own system, for example your ATS. This lets you retrieve your vacancies, the candidates put forward to you and their CVs. You can also send a candidate's status back to us.

The key is personal to your organisation and works like a password. Keep it safe, do not share it, and do not put it in code that you share with others or publish. If you suspect someone else has it, revoke it immediately in your portal. Anything done with your key is deemed to have been done by you.

We may restrict or revoke access in the event of misuse, an unreasonable load on the platform, or if you switch to a plan without API access. In that last case, it takes effect immediately. We do not guarantee any particular level of API availability and may change endpoints; we announce significant changes in advance as described in section 8.

3.12 Personal data you retrieve via the API

This is the most important part of the previous section, so we set it out separately. As long as we process candidate data for you, we do so as your processor and our agreements apply. That changes once you retrieve the data through the API and import it into your own system.

From that moment you are the controller for that copy. You determine the purpose and means of processing, and we no longer have any visibility of it. In practice, this means you are responsible for:

• having a legal basis to keep and use that data;
• setting your own retention period, and actually deleting the data when it expires;
• answering candidates' requests about the data in your system, such as access or deletion;
• securing your own system, and reporting any data breach in it to the Dutch Data Protection Authority and to the individuals concerned;
• including this processing in your own record of processing activities.

You use this data solely for your own recruitment process for the vacancies that run through Will Werk. You do not sell it, share it with third parties other than your own service providers, or use it to train models.

You receive CVs as a temporary link valid for one hour, not as a file. That is deliberate: a link without an expiry keeps working once it ends up in a log or browser history. Store the CV in your own system if you need it, and do not pass the link on.

If we delete a candidate because the retention period has expired or because they asked us to, they disappear from our data but not from yours, and we cannot delete them for you. You are then obliged to do the same in your own system.

Applies when you apply or talk to Will

4.1 Free, and it stays that way

Will Werk is free for candidates. We will never ask you to pay for recruitment, placement or contact with an employer, in any form. That is not just our policy; it is required by law.

4.2 What we ask of you

Provide accurate information. Apply in your own name, not on behalf of someone else. Do not upload someone else's CV without their consent. Do not use the conversation with Will to try to manipulate the system or to harm others.

Answer Will's questions yourself. During the conversation, do not let an AI tool (such as ChatGPT) or anyone else write or give your answers. A spell checker is fine. You may get help with your CV, including from our own CV builder.

4.3 What you may expect from us

• You always know you are talking to AI. Will tells you so, and it is stated on the page.
• Will always puts you forward to the employer, together with its findings from the conversation. The employer decides and contacts you directly if they want to take things further. You can follow your application in My Will.
• You can always ask for a human review; see section 6.
• You decide whether we may contact you later about other jobs, and you can unsubscribe with a single click.
• We do not sell your data, and share it only with the employer whose vacancy you apply for, or with an employer you have explicitly consented to.

4.4 No guarantee of work

We cannot guarantee you a job, an interview or a response from an employer. That is the employer's decision. We are not liable for an employer's decision, or for the lack of one.

Our liability towards candidates is limited to loss resulting from an attributable failure on our part. We do not exclude what the law does not allow us to exclude: in cases of intent, wilful recklessness, death or personal injury, and in the event of a breach of your rights under privacy law, the statutory rules simply apply.