Terms of Service

2.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use Marxel.

2.2 Account Creation

To use Marxel, you must create an account and provide accurate, complete information. You are responsible for maintaining the accuracy of your account information.

2.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access

We are not liable for any loss arising from unauthorised use of your account.

3.1 Lawful Use

You agree to use Marxel only for lawful purposes and in accordance with these Terms. You must comply with all applicable laws, including data protection laws.

3.2 Data Controller Obligations

When you upload candidate data to Marxel:

• You are the data controller for that data
• You are responsible for having a lawful basis to collect and process candidate data
• You must provide appropriate privacy notices to candidates
• You must respond to candidate data subject requests
• You must comply with UK GDPR, EU GDPR, and other applicable data protection laws

We act as a data processor on your behalf and will process candidate data only in accordance with your instructions and our Data Processing Agreement.

3.3 Prohibited Conduct

You agree not to:

• Upload data you do not have the right to process
• Use the Service for any discriminatory hiring practices
• Attempt to gain unauthorised access to any part of the Service
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to send spam or unsolicited communications
• Upload malicious code, viruses, or harmful content
• Resell or redistribute the Service without our written consent
• Use the Service in violation of any applicable law

3.4 Content Standards

You are solely responsible for all data, content, and information you upload to Marxel (“Customer Data”). Customer Data must not:

• Infringe any third party's intellectual property rights
• Contain unlawful, defamatory, or fraudulent content
• Violate any person's privacy rights

4.1 Service Availability

We will use commercially reasonable efforts to make Marxel available 24/7. However, we do not guarantee uninterrupted access and may suspend the Service for:

• Scheduled maintenance (with reasonable notice where possible)
• Emergency maintenance
• Circumstances beyond our reasonable control

4.2 Data Processing

We will process your data in accordance with:

• These Terms
• Our Privacy Notice
• Our Data Processing Agreement
• Your documented instructions

4.3 Security

We implement appropriate technical and organisational measures to protect your data, including encryption in transit and at rest.

5.1 Our Intellectual Property

Marxel and all related technology, designs, trademarks, and content are owned by us or our licensors. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

5.2 Your Data

You retain all rights to your Customer Data. You grant us a limited licence to use, process, and store your Customer Data solely to provide the Service to you.

5.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation to you.

6.1 AI-Powered Functionality

Marxel includes AI-powered features that may process candidate data to provide functionality such as screening, summarisation, or analysis.

6.2 Third-Party AI Services

AI features are powered by third-party services (currently OpenAI). By using AI features, you acknowledge that data may be processed by these third parties in accordance with our Data Processing Agreement and Privacy Notice.

6.3 AI Output

AI-generated content is provided for informational purposes. You are responsible for reviewing and verifying AI outputs before making any hiring decisions. We do not guarantee the accuracy of AI-generated content.

6.4 Opting Out

You may disable AI features by contacting us at hello@marxel.co.

7.1 Fees

You agree to pay all fees associated with your chosen subscription plan. Fees are displayed at the time of purchase and may be updated with 30 days' notice.

7.2 Billing

Fees are billed in advance on a monthly or annual basis, depending on your subscription plan. Payment is processed through Stripe.

7.3 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes, except for taxes on our income.

7.4 Late Payment

If payment is not received when due, we may:

• Charge interest at 4% above the Bank of England base rate
• Suspend your access to the Service
• Terminate your account

7.5 Refunds

Fees are non-refundable except where required by law or expressly stated in a specific promotion.

8.1 Term

These Terms commence when you create an account and continue until terminated.

8.2 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription in your account settings
• Contacting us at hello@marxel.co

Termination takes effect at the end of your current billing period.

8.3 Termination by Us

We may terminate or suspend your account immediately if:

• You breach these Terms
• You fail to pay fees when due
• We are required to do so by law
• We discontinue the Service (with 90 days' notice where possible)

8.4 Effect of Termination

Upon termination:

• Your right to access the Service ends immediately
• You remain liable for any outstanding fees
• We will delete your data within 30 days, unless legally required to retain it
• You may request an export of your data before termination

8.5 Survival

Sections relating to intellectual property, limitation of liability, indemnification, and governing law survive termination.

9.1 During Subscription

You control your Customer Data during your subscription. You may delete data at any time through the Service.

9.2 After Termination

Following termination, we will delete your Customer Data within 30 days unless:

• You request an earlier deletion
• We are legally required to retain it
• You request an export (provided within 14 days of request)

9.3 Backups

Deleted data may persist in encrypted backups for up to 90 days before being permanently removed.

10.1 Exclusion of Certain Damages

To the maximum extent permitted by law, we shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Costs of procuring substitute services

This applies regardless of the theory of liability and even if we were advised of the possibility of such damages.

10.2 Cap on Liability

Our total aggregate liability arising out of or relating to these Terms shall not exceed the greater of:

• The fees you paid to us in the 12 months preceding the claim
• £100

10.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded by law

10.4 Basis of the Bargain

You acknowledge that the limitations in this section reflect a reasonable allocation of risk and are a fundamental basis of the agreement between us.

12.1 “As Is” Basis

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of any content

12.2 No Guarantee

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service will meet your specific requirements

12.3 Hiring Decisions

The Service is a tool to assist with recruitment. You are solely responsible for all hiring decisions. We do not guarantee any particular outcome from using the Service.

13.1 Changes

We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes.

13.2 Discontinuation

If we discontinue the Service entirely, we will provide at least 90 days' notice and assist with data export.

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales.

15.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15.3 Dispute Resolution

Before initiating legal proceedings, you agree to contact us at hello@marxel.co and attempt to resolve the dispute informally for at least 30 days.

16.1 Entire Agreement

These Terms, together with our Privacy Notice and Data Processing Agreement, constitute the entire agreement between you and Marxel regarding the Service.

16.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

16.6 Force Majeure

We shall not be liable for any failure or delay resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, government actions, or internet failures.

16.7 Notices

Notices to you will be sent to the email address associated with your account. Notices to us should be sent to hello@marxel.co.