Terms of Service

Last updated: May 2026

1. About Merqent

Merqent is a B2B SaaS platform for AI-assisted recruitment screening. It is operated by Merqent, registered in the Netherlands. These Terms govern your use of the platform and all related services ("Service"). By creating an account or using the Service, you agree to these Terms.

2. Account and access

You must be at least 18 years old and authorized to act on behalf of your organization to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at privacy@merqent.com if you suspect unauthorized access.

3. Credits and payment

Access to AI screening features requires credits. Credits are purchased in packs via Stripe and are non-refundable once used. Unused credits do not expire. Prices are listed on the pricing page and are exclusive of applicable VAT. We reserve the right to change pricing with 30 days' notice. Failed or disputed payments may result in service suspension until resolved.

4. Acceptable use

You may use the Service solely for lawful recruitment and hiring purposes within your organization. You must not: (a) use the Service to discriminate against candidates based on protected characteristics; (b) attempt to reverse-engineer, scrape or resell the Service; (c) use the Service for any purpose other than evaluating candidates for genuine employment opportunities; (d) upload malicious content or attempt to compromise platform security; or (e) share access credentials with third parties outside your organization.

5. AI screening — limitations and human oversight

The Service uses AI to analyze candidate responses and generate scores, summaries and recommendations. These outputs are advisory only and must not be used as the sole basis for any hiring or rejection decision. You acknowledge that: (a) AI systems can reflect biases present in training data; (b) Merqent does not guarantee accuracy, completeness or fitness for purpose of AI outputs; (c) a qualified human recruiter must review AI outputs before any decision affecting a candidate is made; and (d) the use of AI in employment decisions may be subject to additional obligations under the EU AI Act and local law — compliance with those obligations is your responsibility as the data controller.

6. Data processing

As a platform operator, Merqent acts as a data processor on behalf of your organization (the data controller) for all candidate personal data you submit to the Service. Our processing of that data is governed by the Data Processing Agreement ("DPA") available at merqent.com/dpa, which is incorporated into these Terms by reference. By using the Service you agree to the DPA. You are responsible for ensuring you have a lawful basis to collect and submit candidate data, for informing candidates about AI processing and for responding to data subject requests.

7. Confidentiality

Both parties agree to keep confidential any non-public information disclosed in connection with the Service. Merqent will not share your workspace data, candidate data or configuration with third parties except as described in the Privacy Policy and DPA, or as required by law.

8. Intellectual property

Merqent retains all rights in the platform, software, AI models and aggregate or anonymized insights. You retain ownership of all data you submit to the Service. You grant Merqent a limited license to process that data solely to provide the Service. Merqent may use anonymized, aggregated performance data to improve the Service.

9. Service availability

We aim for high availability but do not guarantee uninterrupted access. Planned maintenance will be communicated where possible. Merqent is not liable for downtime caused by infrastructure providers, force majeure events or factors outside our reasonable control.

10. Limitation of liability

To the maximum extent permitted by applicable law, Merqent's total liability arising out of or related to these Terms or the Service is limited to the amount you paid for the Service in the 3 months preceding the claim. Merqent is not liable for indirect, consequential, incidental or punitive damages, including loss of revenue, loss of data or reputational harm, even if advised of the possibility of such damages. Nothing in these Terms limits liability for fraud, gross negligence or death or personal injury caused by our negligence.

11. Term and termination

Either party may terminate the agreement at any time by closing the account or providing written notice. On termination, your access to the Service ends. Candidate data is retained for up to 12 months unless you request earlier deletion, in accordance with our Privacy Policy. Credits are non-refundable on termination. Sections 5, 6, 7, 8, 10 and 13 survive termination.

12. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

13. Governing law and disputes

These Terms are governed by the laws of the Netherlands. Any disputes shall be submitted to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands, unless mandatory consumer protection law in your jurisdiction requires otherwise.

14. Contact

For questions about these Terms, contact us at privacy@merqent.com or via the contact form at merqent.com/contact.