The use of the Software requires creating an account (“Account”). By creation of an Account, the customer submits a binding offer to conclude an Agreement.

The customer provides an anonymized company’s salary data, and HR GATE processes, analyzes and aggregates it with data from other companies to create a Benchmarking Platform. Once the required data volume has been reached, participants who have provided their data are granted access to the Benchmarking Platform to search and analyze market salary data by specific positions, locations, and other parameters.

Access to the Benchmarking Platform is provided on a paid subscription basis for a fixed term of six (6) months (“Subscription Term”) after the unambiguous acceptance of the subscription upon sending of a Proposal. Upon the expiry of the initial Subscription Term, the Agreement shall automatically renew for successive six (6) month periods unless either party provides the other with written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

Notice of termination must be given in writing, including email. Upon termination or expiration of the Agreement, all licences and rights granted hereunder shall cease immediately, and the customer shall cease all use of the Software.

The customer agrees to pay the subscription fees based on the participant classification as defined below. 

(a) data-providing customers: €500 for a Subscription Term.

(b) non-data-providing customers: €1,500 for a Subscription Term.

The number of accounts and specification of the services will be established in the Proposal. The customer authorizes the Company to charge the full subscription fee for the upcoming 6-month term in advance. Payment shall be conducted via direct debit or another method agreed upon in the Proposal. All invoices will be issued electronically upon the commencement of each Subscription Term.

All amounts and fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”). The customer shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on the Company’s net income.

HR GATE grants customers a personal, non-exclusive, non-transferable, time-limited usage right for the subscribed for Software for the agreed term. The customer's license to use the Software is limited to internal use for its own business operations. This license is non-transferable, and the customer shall not allow use of the Software by or for the benefit of any unauthorized third parties."

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to the Company, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

The customer may use information on the Company’s products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by the Company for downloading from the Site, provided that the customer (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

The customer may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Company reserves the right to bar any such activity. 

The customer agrees not to copy, modify, reformat, download, store, reproduce, eprocess, transmit or redistribute any data or information found herein or use any such data or information in a commercial enterprise without obtaining prior written consent of the Company. All data and information is provided “as is” for personal informational purposes stated at the terms and conditions of the website of the Company only, and shall not be considered as advice or recommendations for trading. 

The customer may not attempt to obtain, nor permit others to obtain, the source code, underlying ideas, or algorithms of the Software or services through reverse engineering, decompilation, or disassembly.

The customer may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the company or others.

HR GATE operates as a data processor for the customer personal data stored and processed within its systems. The customer is the data controller of such data. For more information please refer to the HR GATE Privacy Policy. 

“Confidential Information” means any information, whether written or oral, that (i) by its nature is confidential or subject to secrecy, or (ii) the receiving party knows or reasonably should know is confidential due to the circumstances of disclosure. This includes, but is not limited to, product descriptions, specifications, pricing, business strategies, and customer data.

Each party agrees not to disclose the other party's Confidential Information to any third party without prior express written consent.

Each party shall use the other party’s Confidential Information solely for the purposes of fulfilling its obligations or exercising its rights under this Agreement.

Each party shall protect the Confidential Information of the other party using at least the same degree of care it uses to protect its own confidential information of a similar nature, but in no event less than a reasonable standard of care. Both parties are obligated to ensure their employees, subcontractors, and legal representatives adhere to these confidentiality obligations.

Each party shall promptly notify the other in writing upon becoming aware of any misuse or unauthorized disclosure of Confidential Information.

The obligations shall not apply to information that the receiving party can demonstrate:

• Was lawfully known to it prior to disclosure without an obligation of confidentiality;
• Became publicly known through no act or omission of the receiving party;
• Was lawfully received from a third party without restriction on disclosure;
• Was independently developed by the receiving party without reference to the disclosing party's Confidential Information;
• Is approved for release by the disclosing party in writing; or
• Is required to be disclosed by law, regulation, or court order, provided the receiving party gives the disclosing party prior notice to allow for a protective order (unless legally prohibited).

These confidentiality obligations shall survive the termination of this Agreement and will remain in effect for a period of three (3) years thereafter, or until the information ceases to be confidential, whichever occurs first.

The information on this Site is intended to furnish customers with general information on matters that they may find to be of interest. While every effort has been made to offer current and accurate information, errors can occur. 

THE COMPANY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE.

All Content on the Site and all services provided through it are provided "as is", with no guarantees of completeness, accuracy or timeliness, and without representations, warranties or other contractual terms of any kind, express or implied. The Company does not represent or warrant that this Site, the various services provided through this Site, and / or any information, software or other material downloaded from this Site, will be accurate, current, uninterrupted, error-free, omission-free or free of viruses or other harmful components.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL LIABILITY TO THE CUSTOMER AND EVERYONE ELSE IN RESPECT OF THE CONTENT ON THIS SITE AND ALL SERVICES PROVIDED THROUGH IT, WHETHER UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE OR OTHERWISE, AND WHETHER IN RESPECT OF DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF THE COMPANY WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

If a third party asserts a claim against HR GATE alleging that the customer has violated its contractual obligations or applicable law, the customer shall, at its own expense: (i) indemnify and hold HR GATE harmless from all damages, losses, and liabilities; (ii) provide all reasonable assistance to HR GATE in the legal defense of such claim; and (iii) reimburse HR GATE for all legal costs and expenses incurred in connection with the claim.

This indemnification obligation is subject to the following conditions: (i) HR GATE provides the customer with prompt written notice of the claim; (ii) HR GATE does not make any admission of liability or settle the claim without the customer's prior written consent; and (iii) HR GATE allows the customer, at the customer's cost, to control the defense and all related settlement discussions.

Unless otherwise agreed, any notice or communication required or permitted under this Agreement shall be made in writing, which includes email (“Text Form”). Any amendment or waiver of any provision of this Agreement must also be in writing.

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to become valid and enforceable, reflecting the parties’ original intention as closely as possible.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws principles. The parties agree that the exclusive venue for any legal action arising from or relating to this Agreement shall be the courts of Limassol, Cyprus.