CALIMALA LIMITED

ENTERPRISE PRIVACY

Please read the Terms of Use carefully before using the Calimala platform as a business user.
Effective Date: February 1st, 2025

Introduction

Thank you for using the Calimala!

The Business Terms (“Terms”) apply to your use of the Calimala Platform and Calimala Limited’s (“Calimala”) other services for businesses , along with any associated software applications and websites (all together”Services”). These Terms form an Agreement between you and Calimala Limited, an Abu Dhabi Global Markets company. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to the Terms, you may not use the Calimala platform.

Other Terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of our platform:

  • our Enterprise Privacy Policy https://www.calimala.ai/policies/enterpriseprivacy;
  • our Cookie Policy https://www.calimala.ai/policies/cookie

Who we are

CALIMALA LIMITED  is a software company registered as a Private Company Limited by Shares in Abu Dhabi Global Market with company number 17709 and have our registered office at ADGM Square, Al Maryah Island, Abu Dhabi, United Arab Emirates.

Our mission is to help people connect with potential employers, while ensuring data privacy and transparency in terms of automated assessments.

If you have any queries or concerns, please contact us at websupport@calimala.ai.

Registration and access

Minimum age. You must be at least 18 years old and legally capable of entering into binding contracts to use our Services.

Registration. Our registration procedure requires obtaining your information about your business details: Business Name, First Name and Last Name of business representative, and an e-mail address. You must provide accurate and complete information to register for an account to use our Services. We want to ensure that our platform is used only for legitimate business purposes. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Services

Use of Services. We grant you a non-exclusive right to access and use the Services during the Term (as defined below). This includes the right to use the Calimala Platform for Recruiters. “Services” means any services for businesses we make available for purchase or use, along with any of our associated software, tools, developer services, documentation, and websites.

Responsibilities for Your Account. You must provide accurate and up-to-date account information. You are responsible for all activities that occur under your account, including the activities of any end user (each, an “End User”) who is provisioned with an account under your account (an “End User Account”) or accesses the Services through your Customer Application. You may not make account access credentials available to third parties, share individual login credentials between multiple users on an account, or resell or lease access to your account or any End User Account. You will promptly notify us if you become aware of any unauthorized access to or use of your account or our Services.

Restrictions

We own all right, title, and interest in and to the Services. You only receive rights to use the Services as explicitly granted in this Agreement. You will not, and will not permit End Users to:

  • use the Services or Customer Content (as defined below) in a manner that violates any applicable laws
  • Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
  • Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
  • Automatically or programmatically extract data or Output.
  • Represent that Output was human-generated when it was not.
  • Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
  • Use Output to develop models that compete with Calimala Limited.

Content

Customer content. You and End Users may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Customer Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services. As between you and Calimala Limited, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. 

Our Obligations for Customer Content. We will process and store Customer Content in accordance with our   commitments. We will only use Customer Content as necessary to provide you with the Services, comply with applicable law, and enforce Calimala Policies. We will not use Customer Content to develop or improve the Services.

Your Obligations for Customer Content. You are responsible for all Input and represent and warrant that you have all rights, licenses, and permissions required to provide Input to the Services. You are solely responsible for all use of the Outputs and evaluating the Output for accuracy and appropriateness for your use case, including by utilizing human review as appropriate. 

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people or facts. 

When you use our Services you understand and agree:

  • Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
  • You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services. 
  • Our Services may provide incomplete, incorrect, or offensive Output that does not represent Calimala Limited’s views.

Confidentiality

Use and Nondisclosure. “Confidential Information” means any business, technical or financial information, materials, or other subject matter disclosed by one party (“Discloser”) to the other party (“Recipient”) that is identified as confidential at the time of disclosure or should be reasonably understood by Recipient to be confidential under the circumstances. For the avoidance of doubt, Confidential Information includes Customer Content. Recipient agrees it will: (a) only use Discloser’s Confidential Information to exercise its rights and fulfill its obligations under this Agreement, (b) take reasonable measures to protect the Confidential Information, and (c) not disclose the Confidential Information to any third party except as expressly permitted in this Agreement.

Exceptions. The Confidential Information Obligations do not apply to any information that (a) is or becomes generally available to the public through no fault of Recipient, (b) was in Recipient’s possession or known by it prior to receipt from Discloser, (c) was rightfully disclosed to Recipient without restriction by a third party, or (d) was independently developed without use of Discloser’s Confidential Information. Recipient may disclose Confidential Information only to its employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations at least as restrictive as those of this Agreement. Recipient will be responsible for any breach of this Section 4 by its employees, contractors, and agents. Recipient may disclose Confidential Information to the extent required by law, provided that Recipient uses reasonable efforts to notify Discloser in advance.

Security

Our Security Program. We will maintain an information security program (including the adoption and enforcement of internal policies and procedures) designed to (a) protect the Services and Customer Content against accidental or unlawful loss, access, or disclosure, (b) identify reasonably foreseeable and internal risks to security and unauthorized access, and (c) minimize security risks, including through regular risk assessments and testing. 

Our Security Obligations. As part of our information security program, we will: (a) implement and enforce policies related to electronic, network, and physical monitoring and data storage, transfer, and access; (b) deploy production infrastructure behind VPNs where possible; (c) require multi-factor authentication for employees; (d) configure network security, firewalls, accounts, and resources for least-privilege access; (e) maintain a logging and incident response process; (f) maintain corrective action plans to respond to potential security threats; and (g) conduct periodic reviews of our security and the adequacy of our information security program as aligned to industry best practices and our own policies and procedures.

Privacy

Personal Data. If you use the Services to process personal data, you must (a) provide legally adequate privacy notices and obtain necessary consents for the processing of personal data by the Services, (b) process personal data in accordance with applicable law.

HIPAA. You agree not to use the Services to create, receive, maintain, transmit, or otherwise process any information that includes or constitutes “Protected Health Information”, as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103), unless you have signed a Healthcare Addendum and Business Associate Agreement (together, the “Healthcare Addendum”) with us prior to creating, receiving, maintaining, transmitting, or otherwise processing this information.

Payment and Taxes

Fees and Billing. You agree to pay all fees charged to your account (“Fees”) according to the prices and terms on our Pricing Page or as otherwise stated in an Order Form. Price changes on the Pricing Page will be effective immediately for all price decreases or changes made for legal reasons. All other price changes will be effective 14 days after they are posted. We have the right to correct pricing errors or mistakes even after issuing an invoice or receiving payment. You authorize us and our third-party payment processor(s) to charge the payment method provided on your account on an agreed-upon periodic basis, but we may reasonably change the date on which the charge is posted. Fees are payable in U.S. dollars and are due upon invoice issuance, unless otherwise agreed in an Order Form. Payments are nonrefundable except as provided in this Agreement.

Service credits. You can pay for some Services in advance by purchasing service credits or we may provide you with promotional Service Credits from time-to-time.

  • We may offer the option to prepay for certain Services through the purchase of credits (“Prepaid Service Credits”). Prepaid Service Credits represent the amount you have paid in advance for use of the respective Services. Additional terms may apply to specific Services.
  • We may also offer Service Credits free of charge as part of a promotional program rather than for purchase (“Promo Service Credits”). Promo Service Credits will not be applied against any sales, use, gross receipts, or similar transaction based taxes that may be applicable to you.
  • Service Credits are not legal tender or currency; are not redeemable, refundable, or exchangeable for any sum of money or monetary value; have no equivalent value in fiat currency; do not act as a substitute for fiat currency; and do not constitute or confer upon you any personal property right. Service Credits are non-transferable and may be used only in connection with the applicable Service.
  • All sales of Services, including sales of prepaid Services, are final. Service Credits are not refundable.
  • Your available Service Credit balance may be reviewed in your Calimala account. You are solely responsible for verifying that the proper amount of Service Credits has been added to or deducted from your balance. Your Service Credit balance is not a bank account, digital wallet, stored value account, or other payment device.
  • We prohibit and do not recognize any purported transfers, sales, gifts, or trades of Service Credits. Evidence of any attempt to use, sell, or transfer Service Credits in any manner violates these Terms and may result in revocation, termination, or cancellation of the Service Credits and/or your use of the Services without refund and/or immediate suspension or termination of your account.
  • We reserve the right to suspend or terminate your use of the Services in accordance with the Agreement, including suspending or terminating your Service Credit balance, in compliance with applicable law.
  • We may modify these Terms at any time by posting a revised version on our website or by emailing the email associated with your account. The modified Terms will become effective upon posting or, if we notify you by email, as stated in the email message. By receiving or using any Service Credit after the effective date of any modification to these Terms, you agree to be bound by the modified Terms.

Taxes. Fees are exclusive of taxes, which we will charge as required by applicable law in connection with the Services. We will use the name and address in your account as the place of supply for tax purposes. 

Cancellation. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights. 

Changes. We may change our prices from time to time.

Term; Termination

Term. The term of this Agreement will commence upon the earlier of your online acceptance of these Business Terms, the Effective Date of an Order Form, or the date you first use the Services, and will remain in effect until terminated pursuant to this Section (“Term”). If you purchase a subscription to the Services, the subscription term will automatically renew for successive periods unless either of us gives the other notice of its intent not to renew. That notice must be given at least thirty days before the start of the next renewal period. 

Termination. Unless you purchase Services for a committed duration, you may terminate this Agreement at any time by deleting your account. Both you and Calimala may terminate this Agreement upon written notice (a) if the other party materially breaches this Agreement and does not cure the breach within thirty (30) days after receiving written notice of the breach or (b) if the other party ceases its business operations or becomes subject to insolvency proceedings. We may suspend your or any End User’s access to the Services or terminate this Agreement or any Order Form: (i) if required to do so by law; (ii) to prevent a security risk or other credible risk of harm or liability to us, the Services, or any third party; or (iii) for repeated or material violations of the Calimala Policies. We will use reasonable efforts to notify you of any suspension or termination and give you the opportunity to resolve the issue prior to suspension or termination. 

Effect of Termination. Termination or expiration will not affect any rights or obligations, including the payment of amounts due, which have accrued under this Agreement up to the date of termination or expiration. Upon termination or expiration of this Agreement, the provisions that are intended by their nature to survive termination will survive and continue in full force and effect in accordance with their terms, including confidentiality obligations, limitations of liability, and disclaimers. Upon termination of this Agreement, we will delete all Customer Content from our systems within 30 days, unless we are legally required to retain it.

Disclaimer of warranties

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. 

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

CALIMALA’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

General Terms

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

  • Changes to the law or regulatory requirements.
  • Security or safety reasons.
  • Circumstances beyond our reasonable control.
  • Changes we make in the usual course of developing our Services.
  • To adapt to new technologies.

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. If any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export. 

Entire agreement. These Terms contain the entire agreement between you and Calimala regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Calimala. 

Governing law. These Terms shall be governed by, and construed in accordance with, the laws of England and Wales. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, or arising from or related to use of our website, shall be subject to the exclusive jurisdiction of the Courts of Abu Dhabi Global Market.