Sitch – Terms of Use

Welcome to Sitch ("we," "us," or "our"). Sitch is a Software-as-a-Service (SaaS) platform designed to provide predictive, judgment-based assessment tools to organizations for evaluating candidates and employees (the "Services").

By accessing or using the Services, you ("Customer," "you," or "your") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the Services.

1. Eligibility & Account Registration

• You must be at least 18 years old and authorized by your organization to use the Services.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
• You agree to provide accurate and complete information during registration and to update it as necessary.

2. Scope of Services

• Sitch provides tools for predictive, judgment-based assessment. These tools are intended to assist organizations in decision-making, not to replace human judgment.
• Sitch does not guarantee that use of the Services will lead to any specific hiring, promotion, or employment outcomes.
• We may modify or discontinue any part of the Services at any time without prior notice.

3. Jurisdiction & Geographic Scope

• These Terms are governed by the laws of Ireland, without regard to conflict of laws principles.
• The Services are available to customers in South Africa, the European Union and EEA, and the United States, and may be subject to additional local laws.
• You agree to comply with all applicable employment, privacy, and anti-discrimination laws in the country where you use the Services, including:
  • General Data Protection Regulation (GDPR) – EU/EEA
  • Protection of Personal Information Act (POPIA) – South Africa
  • California Consumer Privacy Act (CCPA) and applicable US state laws

4. Customer Responsibilities

• You are solely responsible for decisions made using the Services, including any employment-related decisions.
• You must ensure that all individuals whose data is entered into Sitch have been provided with all required notices and, where applicable, have given consent to such processing.
• You may not use the Services in any way that causes unlawful discrimination or violates applicable laws in your jurisdiction.

5. Prohibited Uses

• Use the Services to unlawfully discriminate against individuals or groups.
• Reverse-engineer, decompile, or attempt to derive source code from the Services.
• Interfere with or disrupt the integrity or performance of the Services.
• Access the Services to build a competitive product or service.

6. Data & Privacy

• Our use of personal data is governed by our Privacy Policy, which is incorporated by reference into these Terms.
• You retain ownership of all data you input into the Services ("Customer Data"), but you grant Sitch a limited, non-exclusive license to use, store, and process Customer Data for the purpose of providing and improving the Services.
• Sitch may transfer and store Customer Data outside the country of origin, including in the EU/EEA, South Africa, and the United States, in accordance with applicable data protection laws and using appropriate safeguards.

7. Intellectual Property

• All rights, title, and interest in and to the Services, including all software, algorithms, designs, and other content, are owned by Sitch or its licensors.
• Except as expressly permitted, you may not reproduce, modify, or distribute any portion of the Services.

8. Fees & Payment

• Fees for the Services are set forth in the applicable order form or subscription agreement.
• All fees are non-refundable unless otherwise stated.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SITCH DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless Sitch, its affiliates, officers, and employees from and against any claims, damages, liabilities, and expenses arising from your use of the Services or your violation of these Terms.

12. Termination

• We may suspend or terminate your access to the Services at any time for breach of these Terms or misuse of the Services.
• Upon termination, your right to use the Services will immediately cease, and we may delete Customer Data in accordance with our retention policy.

13. Changes to These Terms

We may update these Terms from time to time by posting the revised version on our website. Continued use of the Services after changes take effect constitutes your acceptance of the new Terms.

14. Contact Us

If you have questions about these Terms, please contact:

Annex A – Data Transfer & Compliance Appendix

This Annex outlines Sitch's approach to international data transfers and compliance across multiple jurisdictions.

1. GDPR Compliance (EU/EEA): Sitch implements Standard Contractual Clauses (SCCs) and other EU-approved safeguards for transfers outside the EEA.
2. POPIA Compliance (South Africa): Sitch ensures that personal information originating in South Africa is processed and stored in accordance with POPIA requirements.
3. US Compliance: For US customers and data subjects, Sitch complies with applicable state and federal data protection laws, including the CCPA where applicable.
4. Cross-Border Safeguards: All cross-border transfers are encrypted in transit and at rest, with access limited to authorized personnel.