Terms & Conditions
Last updated: February 4th, 2025
These Terms and Conditions ("Terms") govern access to and use of the Magnate and related services ("Magnate", the "Service"), operated by Magnate Software Ltd ("we", "us", or "our").
By accessing or using the Service, you agree to be bound by these Terms.
1. Who the Service Is For
Magnate is intended primarily for businesses, including recruitment agencies and talent acquisition teams. Individuals may also use the Service.
By using Magnate, you confirm that you have the authority to use the Service on behalf of a business where applicable.
2. Description of the Service
Magnate is a scheduling assistant for recruiters that automates interview scheduling and related email communications.
The Service is provided on a best-efforts basis and is not intended to be mission-critical or fail-safe.
Magnate is an evolving product. Features, functionality, and workflows may change, be modified, or be discontinued over time.
3. Accounts and Access
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
We reserve the right to suspend or terminate access to the Service at our sole discretion, including where we believe there has been misuse, breach of these Terms, or non-payment.
4. Candidate Data: Recruiter Responsibility and Warranties
4.1 Lawful Basis for Candidate Data
By using Magnate to process candidate data, you warrant and represent that:
- You have obtained all necessary consents, permissions, or have established a lawful basis (under applicable data protection law) to process each candidate's personal data using Magnate
- You have the authority to authorize Magnate to process candidate data on your behalf
- You will comply with all applicable data protection and employment laws when using Magnate to schedule interviews and communicate with candidates
4.2 Liability for Candidate Challenges
You are solely responsible for defending against any challenge, complaint, or claim by a candidate regarding the processing or handling of their personal data. Magnate shall not be liable for:
- Claims by candidates that their data was processed without consent or lawful basis
- Candidate disputes regarding the accuracy, use, or retention of their data
- Regulatory fines, penalties, or sanctions relating to candidate data processing
If a candidate contacts us regarding their data rights, we will direct them to you as the data controller. You agree to handle all candidate data requests and complaints.
5. Automated Communications
Magnate may send automated emails to candidates as part of interview scheduling workflows.
You acknowledge and agree that:
- All emails sent via Magnate are sent on your behalf
- You are solely responsible for the content, accuracy, and appropriateness of those communications
- Automated responses may contain errors or inaccuracies
- Magnate should not be relied upon as the sole source of truth for interview scheduling
- You are responsible for reviewing, monitoring, and correcting scheduling outcomes as necessary
6. Payments and Pricing
6.1 Fees and Pricing
The Service is provided on a paid basis unless otherwise agreed.
We may change pricing at any time with reasonable notice in accordance with Irish consumer protection law. Price changes may be implemented:
- With 30 days' notice for existing customers
- To reflect currency fluctuations, inflation, or changes in operational costs
- Differently across jurisdictions to account for local economic conditions and applicable law
6.2 Payment Terms
Fees are non-refundable except at our sole discretion and where expressly agreed in writing. Refunds, if granted, will be calculated on a pro-rata basis.
We reserve the right to suspend or terminate access to the Service for non-payment.
7. Data Ownership and License
You retain ownership of all data, content, and information you provide to Magnate.
By using the Service, you grant us a limited, non-exclusive, worldwide license to use your data solely to operate, maintain, and improve the Service in accordance with our Privacy Policy.
8. Marketing and Promotional Use
With your written or verbal consent, we may use information about your organization, results, and workflows (such as case studies, testimonials, or anonymized metrics) for marketing, promotional, and case study purposes.
We will not use your logo, company name, or identifying information in marketing materials without first obtaining your consent.
9. Sub-Processors and Third Parties
We use the following third-party providers to process and store data:
Data Processing:
- Anthropic (LLM services)
- OpenAI (LLM services)
- GROQ (data processing and infrastructure)
Website Analytics:
- PostHog, Google Analytics, LinkedIn Pixel, Meta Pixel
We will notify you before adding or changing any data processors with access to recruiter account data. Your continued use of the Service constitutes acceptance of the updated processor list.
10. Acceptable Use
You agree not to:
- Use the Service for unlawful purposes
- Attempt to reverse-engineer, copy, or exploit the Service or its underlying technology
- Interfere with or disrupt the integrity or performance of the Service
- Use the Service in a way that infringes the rights of others
- Process candidate data in violation of applicable law or without lawful basis
11. Intellectual Property
All intellectual property rights in Magnate, including software, models, workflows, and branding, are owned by Magnate Software Ltd or its licensors.
Except as expressly permitted, nothing in these Terms grants you any rights to our intellectual property.
12. Availability and Changes
We do not guarantee uninterrupted or error-free operation of the Service.
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice.
13. Disclaimers
The Service is provided "as is" and "as available".
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Magnate is not intended to be relied upon as the sole source of truth for interview scheduling. You remain responsible for independently verifying all scheduling outcomes and candidate communications.
14. Limitation of Liability
To the maximum extent permitted by law, Magnate Software Ltd shall not be liable for:
- Loss of revenue or profits
- Missed interviews or scheduling errors
- Reputational damage
- Claims arising from candidate data processing (including claims that data was processed without consent or lawful basis)
- Indirect, incidental, or consequential damages
Our total liability arising out of or in connection with the Service shall not exceed the fees paid by you to Magnate in the twelve (12) months preceding the claim.
15. Termination
You may stop using the Service at any time.
We may terminate or suspend your access immediately if you breach these Terms or fail to pay applicable fees.
Upon termination, your right to use the Service will cease. Your data will be retained in accordance with our Privacy Policy.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of Ireland, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the Irish courts.
17. Changes to These Terms
We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
We will notify users of material changes with reasonable notice.
18. Contact
For questions about these Terms, contact: hello@magnatesoftware.com
