Legal
Client Terms of Service
Welcome to Niky. These Terms of Service ("Terms") apply to you as a Client ("Company") using the Niky platform (niky.ai), operated by Christian Gruber.
By accessing or using Niky to discover or engage Talent, you agree to these Terms.
1. What is Niky?
Niky is a platform that connects Companies with vetted Talent through AI-driven matching, automated interviews, and enriched profiles.
We are not a staffing agency or employer; we facilitate connections.
2. Client Responsibilities
- Provide accurate and lawful job information
- Respect confidentiality of Talent data
- Use the platform in good faith
3. Non-Circumvention
If Niky introduces you to Talent, you agree not to engage or hire that Talent directly outside Niky, or establish a contract or payment relationship with them, for 24 months after your last interaction without prior written consent from Niky.
Violation of this clause triggers a recruitment fee (see §5).
4. No Data Extraction
You agree not to scrape, download, extract, or misuse any data (including Talent profiles, resumes, interviews, or communications) from the Niky platform.
All content is proprietary and protected.
5. Recruitment Fee
If you engage any Talent introduced by Niky outside the platform, a recruitment fee applies:
- Standard fee: 30% of gross annual compensation
- Due within 30 days of the Talent's start date
- Late payments: 1.5% monthly interest or the legal maximum
- Niky may adjust this percentage based on industry, geography, or role seniority.
6. Payment Processing
All payments on the Niky platform are securely processed via Stripe, a third-party payment processor.
By using Niky, you agree to be bound by Stripe’s Services Agreement and understand that Stripe may handle your billing and payment data in accordance with its own privacy policies.
Niky does not store or directly process your payment information.
7. Salary Negotiations
You may suggest salary ranges or changes, but all compensation discussions must go through Niky.
Direct salary negotiations with Talent are not allowed.
8. Termination
We may suspend or terminate your access for breach of these Terms, misuse of the platform, mistreatment of Talent, late or missing payments, or any other good cause.
Obligations and outstanding fees remain enforceable.
9. Indemnity
You agree to indemnify and hold harmless Niky, its operators, and affiliates from any claims or liabilities arising from your use of the platform or violation of these Terms.
10. Governing Law
These Terms are governed by German law.
Jurisdiction: Berlin, Germany.
11. Severability
If any clause is found invalid, the rest still apply. Invalid terms will be replaced by enforceable ones closest in meaning.
12. Modifications
We may update these Terms from time to time. Material changes will be communicated via email or platform notification. Continued use means acceptance.
13. Acceptable Use
You agree not to misuse the Niky platform. This includes discriminatory, exploitative, or unlawful use; interfering with platform security or integrity; attempting to reverse-engineer or replicate platform features; or misrepresenting roles, compensation, or your identity.
We reserve the right to suspend or terminate access if you violate this section.
14. No Warranty
Niky is provided “as is,” without warranties of any kind, express or implied.
We do not guarantee specific outcomes, matches, or hiring success, and disclaim all warranties of fitness for a particular purpose, performance, or accuracy of AI-generated results.
15. Limitation of Liability
To the fullest extent allowed by law, Niky shall not be liable for indirect, incidental, or consequential damages, including lost revenue, lost data, or reputational harm, whether in contract, tort, or otherwise.
Our total liability is capped at the total fees paid by you in the 12 months preceding the event giving rise to the claim.
16. Force Majeure
Niky is not liable for delays or failures caused by events beyond our reasonable control.
- Natural disasters
- Internet outages or hosting failures
- Cyberattacks
- Changes in laws or regulations
- War, terrorism, or government actions
Contact
Questions? Email us at: support@niky.ai