Terms and Conditions

These Terms and Conditions (“Terms”) govern access to and use of the Marty website and platform. They are provided by TEŽINSKI GRAF d.o.o., Ulica Ljudevita Posavskog 34A, 10000 Zagreb, Croatia, OIB 66900544338 (“Marty”, “Service Provider”).

1 Acceptance and Contract Documents

1.1 These Terms apply to Visitors and Users. Users accept them when registering or when first accessing the Platform as part of a Customer’s Subscription. A person accepting on behalf of a Customer confirms authority to bind it.

1.2 The relationship with a Customer consists of the following documents. If they conflict, they apply in this order:

1. the DPA, for matters concerning personal data;
2. the Purchase Order;
3. the MSA;
4. the Service Level Agreement (SLA), set out in Annex B;
5. these Terms, including Annex A (Early Access), Annex C (AI Governance), Annex D (Fair Use) and Annex E (Anti-Spam);
6. policies incorporated by reference: Privacy Policy and Cookie Policy.

2 Definitions

• Administrator: a User authorised by the Customer to manage its account, Users and settings.
• AI Features: functionality using artificial intelligence, including large language models, to parse, summarise, rank, match, transcribe or generate content.
• Candidate: a person who applies for, is considered for or is sourced for a role through the Platform.
• Customer: the legal entity that concluded a Purchase Order and the MSA with Marty.
• Customer Content: all data and content uploaded or generated by or for the Customer and its Users, including Candidate and Employee data, job ads and notes.
• Early Access Services: beta, pilot, preview, evaluation or other pre-release features (Annex A).
• Employee: a person employed or engaged by the Customer whose data is held in the HRIS Module.
• Marketplace Partner: a third party whose product the Customer connects to the Platform.
• Module: a functional part of the Platform (ATS, Screening, Sourcing, Notetaker, Assessment, Candidate NPS, HRIS) as described in Annex 1 of the MSA (Product Description).
• Platform: the Marty cloud software, including web and mobile apps, APIs and integrations, excluding Marketplace Partner products and Customer Content.
• Sourcing Database: the database of professional profiles operated by Marty as controller (Section 8).
• Subscription: the Customer’s right to access the Platform for a fee, as set out in the Purchase Order.
• User: a person authorised by the Customer to use the Platform under its Subscription.
• Visitor: a person browsing the Website without a User account.
• Website: marty.hr and its subdomains operated by Marty (including public.marty.hr, api.marty.hr, developers.marty.hr and support.marty.hr) and martyjobs.com. Customer career sites hosted on customer subdomains (e.g. company.marty.hr) or custom domains are Customer Content and not part of the Website.

3 Visitors

3.1 Visitors may use the Website for information and to access the Platform. Framing, deep-linking to protected areas, scraping or republishing Website content is not permitted.

3.2 The Website is provided without warranties to Visitors. Links to third-party sites are used at the Visitor’s own risk.

4 Accounts and Users

4.1 Users must provide accurate registration data and keep credentials confidential. Accounts are personal and may not be shared.

4.2 The Customer is responsible for all acts and omissions of its Users and for assigning and revoking access.

4.3 Marty may reject a registration or suspend a User or, where necessary, the Customer’s account, if it reasonably suspects a breach of these Terms, a security risk or unlawful use. Marty will notify the Customer and restore access once the issue is remedied.

4.4 Marty has no liability towards individual Users other than the Customer, except where law provides otherwise.

5 Acceptable Use

5.1 The Platform may be used only for lawful recruitment, talent acquisition and HR management purposes.

5.2 The Customer and its Users must not:

• upload unlawful, discriminatory, offensive or infringing content;
• send spam, misleading or fraudulent messages, or impersonate others, or otherwise breach Annex E (Anti-Spam);
• request or collect from Candidates special categories of data (Art. 9 GDPR) or criminal records, unless required by applicable employment law and the Customer has a lawful basis;
• use the Platform or AI Features to discriminate on protected characteristics, infer special categories of data, perform emotion recognition, or make solely automated decisions with legal or similarly significant effects on individuals;
• exceed the usage limits in Annex D (Fair Use), or breach the email deliverability thresholds in Annex E;
• reverse engineer, copy, resell, or scrape the Platform or the Sourcing Database, or use it to build a competing product;
• circumvent security, usage limits or access controls.

5.3 Marty may remove content and suspend access that breaches this Section. Repeated or serious breaches are a material breach of the MSA.

6 Customer Content and Data Protection

6.1 The Customer owns its Customer Content and grants Marty a non-exclusive, worldwide, royalty-free licence, for the term of the Subscription, to host, process, transmit and display it solely to provide, secure and support the Platform. This licence ends when the Customer Content is deleted.

6.2 The Customer is responsible for the lawfulness of Customer Content, including having a legal basis for processing Candidate and Employee data and informing those persons. For such data the Customer is controller and Marty is processor under the DPA.

6.3 Marty may create aggregated and anonymised statistics from use of the Platform to improve and benchmark its services, provided they identify neither individuals nor the Customer.

6.4 Export. The Customer may export its Customer Content at any time during the Subscription via the Marty API. On request made within 30 days after the Subscription ends, Marty provides one complete export of Customer Content in a structured, machine-readable format (JSON/CSV) free of charge. Thereafter Marty deletes Customer Content as set out in the DPA.

7 AI Features

7.1 AI Features are optional and enabled per Module at the Customer’s discretion, subject to Annex C (AI Governance). AI outputs (scores, rankings, summaries, transcripts, drafts) are recommendations that may be inaccurate. The Customer must ensure human review before any decision about a Candidate or Employee and remains responsible for that decision.

7.2 Marty does not use Customer Content to train general-purpose AI models.

7.3 EU AI Act. Where AI Features qualify as high-risk AI systems used in employment, Marty acts as provider and the Customer as deployer. The Customer will use them in accordance with the instructions for use, assign human oversight, inform Candidates and workers where required, and keep the logs available to it.

8 Sourcing

8.1 Sourcing Database. Marty operates the Sourcing Database as an independent controller, with profiles from licensed data providers. Search results are made available to the Customer only for identifying candidates for genuine roles. When the Customer saves a profile, enriches contact details, adds notes or starts outreach, the Customer becomes controller of that data and Marty acts as its processor under the DPA.

8.2 When using Sourcing, the Customer must:

• inform each contacted person under Article 14 GDPR at the latest at first contact, including the source of the data and a way to object (the Platform automatically adds a mandatory privacy notice to the first message to each Prospect, which identifies the Customer and Marty as controllers, the source of the data and an opt-out link; the Customer must not remove or bypass it);
• honour objections and opt-outs immediately and not re-contact suppressed persons. Opt-outs made through the link in the Platform’s messages are added to the suppression list automatically; where a person objects through another channel (e.g. by replying to an email or by phone), the Customer must add that person to the suppression list in the Platform without undue delay;
• not export the Sourcing Database in bulk, share it with third parties, or use it for purposes other than recruitment;
• comply with applicable e-privacy and anti-spam rules.

8.3 Marty may remove profiles from the Sourcing Database at any time, including on a data subject’s request, and will block their re-addition. Removal from the Sourcing Database does not delete Prospects the Customer has already saved, imported or contacted: those records are Customer Content under the Customer’s control.

9 Fees and Trial

9.1 Fees, billing cycles, renewals and changes to seats or plans are governed by the Purchase Order and the MSA.

9.2 Trial. Marty may offer a free trial of up to 14 days, provided “as is” for evaluation only, without SLA. Marty may end a trial at any time. Customer Content from an unconverted trial is deleted 30 days after the trial ends.

10 Marketplace Partners and Third-Party Services

10.1 Marketplace Partner products and third-party integrations (e.g. job boards, Google, Microsoft, LinkedIn) are provided by independent third parties under their own terms, which the Customer agrees to directly with the provider. They are not part of the Platform, and Marty only provides a technical connection to them. The contractual relationship, fees, data processing terms and any disputes concerning a third-party service are solely between the Customer and that provider.

10.2 When the Customer connects a Marketplace Partner, it instructs Marty to exchange the relevant data with that partner. Once received, the partner processes that data under its own responsibility, and the Customer is responsible for having a lawful basis and an appropriate agreement with the partner for that processing.

10.3 No responsibility for third parties. Marty does not control third-party services and is not responsible for their availability, functionality, security, content, pricing, data handling or compliance with law, or for any change, suspension or discontinuation of them by the provider, including changes to APIs or terms that limit or end an integration. Marty gives no warranty for third-party services, and their failure is not a failure of the Platform under the SLA.

10.4 Changes to integrations. Marty may add, change or remove Marketplace Partners and integrations at any time, including where a provider changes its terms or technology. Where reasonably possible, Marty will inform the Customer in advance of the removal of an integration the Customer uses.

11 Intellectual Property

11.1 Marty and its licensors own all rights in the Platform, Website, Sourcing Database, AI models and prompts, documentation and aggregated data. The Customer receives only a limited, non-exclusive, non-transferable right to use the Platform during the Subscription.

11.2 Marty may freely use feedback and suggestions without obligation.

11.3 The Customer allows Marty to name it as a customer and use its logo in customer lists, unless it objects in writing.

12 Confidentiality

Each party will keep the other’s non-public business, technical and pricing information confidential, use it only for the contract, and disclose it only to personnel and advisers who need to know and are bound by confidentiality. This does not apply to information that is public, already known, independently developed or must be disclosed by law. This obligation survives 3 years after termination.

13 Warranties

13.1 Platform. During the Subscription, Marty will provide the Platform with reasonable skill and care, and the subscribed Modules will perform materially as described in Annex 1 of the MSA and the documentation.

13.2 Remedy. If the Platform does not meet Section 13.1, the Customer will notify Marty with reasonable detail, and Marty will correct the issue within a reasonable time. If Marty fails to do so, the Customer may terminate the affected Module, and Marty will refund the Remaining Fee for it. For availability, the service credits in Annex B apply instead.

13.3 AI outputs and data. AI outputs (scores, rankings, summaries, transcripts, drafts), Sourcing Database profiles and data from third-party services support the Customer’s own decisions. Marty does not warrant that they are complete, accurate or up to date, or that any hire will result. The Customer reviews them before relying on them (Section 7.1).

13.4 Trials and Early Access. Trials and Early Access Services are provided “as is”, as set out in Section 9.2 and Annex A.

13.5 No other warranties. Except as expressly stated in these Terms, the MSA, the SLA and the DPA, Marty gives no other warranties, express or implied, including fitness for a particular purpose, to the extent permitted by law.

14 Liability and Indemnity

14.1 Liability between Marty and the Customer is governed by the MSA, including its exclusions and cap. Nothing limits liability for intent, gross negligence, personal injury, or liability that cannot be limited by law.

14.2 The Customer indemnifies Marty against third-party claims arising from Customer Content, unlawful use of the Platform, breaches of Sections 5 and 8.2, or decisions the Customer takes about Candidates or Employees.

15 Term and Termination

15.1 These Terms apply for as long as a User has access to the Platform. Term, renewal and termination of the Subscription are governed by the MSA.

15.2 On termination, access ends, the export window in Section 6.4 applies, and Customer Content is then deleted under the DPA. Sections 6.3, 11, 12, 14 and 16 survive.

16 Final Provisions

16.1 Changes. Marty may amend these Terms and notifies Customers of material changes by email or in-app at least 30 days in advance. Changes that materially reduce the Customer’s rights or Marty’s commitments apply to the Customer only from the start of its next Subscription Period; until then, the version in force at the start of the current Subscription Period applies. If the Customer does not accept such a change, it may give notice of non-renewal under the MSA. Other changes take effect 30 days after notice. Changes required by law or for security may take effect immediately.

16.2 Governing law and courts. Croatian law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The parties will first try to resolve disputes amicably; otherwise the competent court in Zagreb has jurisdiction.

16.3 Severability. An invalid provision is replaced by a valid one closest to its purpose; the rest remain in force.

16.4 Assignment. The Customer may not assign the contract without Marty’s consent. Marty may assign it to an affiliate or successor with notice.

16.5 Notices to Marty: [email protected]. Notices to the Customer go to its Administrator’s email.

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Annex A – Early Access Services

This Annex replaces the separate Early Access (Beta) Agreement and applies to beta, pilot, preview, evaluation, design-partner and other pre-release programmes.

A.1 Relationship. For Early Access Services, this Annex prevails over the other parts of these Terms, the MSA and the SLA. An invitation or order may set eligibility, duration, seats, fees, credits and limits.

A.2 Availability. Early Access Services are offered at Marty’s discretion and may be incomplete, unstable or unavailable. Marty may change, limit, reset, suspend, discontinue or make them generally available at any time. Marty has no obligation to release a final product.

A.3 Licence and restrictions. A limited, non-exclusive, non-transferable, revocable licence to use Early Access Services for evaluation and feedback. They may not be used for production, safety-critical or revenue-generating purposes without Marty’s written approval, nor shared with third parties, copied or reverse engineered.

A.4 Fees. Early Access Services are free unless an order states otherwise. Paid usage is charged only on approval by an Administrator. Exceeding limits may lead to throttling or suspension.

A.5 Feedback. The Customer will provide reasonable feedback on request. Marty may use feedback without restriction, attribution or payment.

A.6 Data. Data in Early Access Services may be lost, corrupted or reset. The Customer must review all outputs and AI agent actions before relying on them. The DPA continues to apply to personal data.

A.7 Confidentiality. Non-public features, designs, screenshots, documentation and roadmaps are Marty’s confidential information. No public disclosure, benchmarking or demos without Marty’s prior written consent. This obligation survives 3 years after termination.

A.8 No commitments; disclaimer. No SLA, support, uptime or retention commitments apply. Early Access Services are provided “as is” and “as available”, and all warranties are disclaimed to the extent permitted by law.

A.9 Liability. The MSA’s limitations apply. Where no MSA exists, each party’s aggregate liability is limited to the greater of EUR 100 or the fees paid for the affected Early Access Services in the 12 months before the claim, except for liability that cannot be limited by law, payment obligations, and misuse of IP or confidential information.

A.10 Termination. The Customer may stop using Early Access Services at any time. Marty may suspend or terminate them at any time, with or without notice. On termination the Customer stops use and deletes Marty’s confidential information. Sections A.5, A.7, A.8 and A.9 survive.

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Annex B – Service Level Agreement (SLA)

This Annex sets out Marty’s availability, support and performance commitments for paid Subscriptions. It replaces the separate SLA. For conflicts, it ranks as stated in Section 1.2.

B.1 Scope

The SLA applies to the Platform’s critical functionalities under an active paid Subscription. It does not apply to trials (Section 9.2) or Early Access Services (Annex A).

B.2 Availability

B.2.1 Marty will make the Platform available at least 99.9% per calendar quarter, calculated as:

Availability % = (1 − Downtime ÷ Total time) × 100

Current status and incident history are published at status.marty.hr.

B.2.2 Scheduled maintenance is announced at least 72 hours in advance by email and on the status page, and is performed off-peak where possible (weekends or 20:00–08:00 CET). Emergency maintenance needed for security or stability may be performed without notice; Marty will inform Customers as soon as practicable.

B.2.3 Exclusions. Downtime does not include unavailability caused by:

• scheduled or emergency maintenance under B.2.2;
• Early Access Services or features marked alpha or beta;
• force majeure, general internet failures, or failures of third-party services outside Marty’s control (e.g. job boards, calendar or email providers, or the Customer’s own identity provider used for sign-in, such as Google, Microsoft or its SSO provider);
• the Customer’s network, hardware or software;
• the Customer’s breach of these Terms or the MSA, or suspension under Section 4.3.

B.3 Service Credits

B.3.1 If availability in a quarter falls below 99.9%, the Customer may request a service credit as a percentage of the Fee for that quarter, depending on its package (MSA Annex 1, P.5). A Purchase Order may agree different service credits, which then prevail:

Quarterly availability	Starter	Growth	Enterprise
99.8% to < 99.9%	–	–	10%
99.7% to < 99.8%	–	5%	20%
99.6% to < 99.7%	–	5%	30%
99.5% to < 99.6%	–	10%	40%
< 99.5%	10% (maximum)	15% (maximum)	50% (maximum)

B.3.2 Credits must be requested via support within 30 days after the end of the affected quarter. They are applied to future invoices and are not paid out in cash.

B.3.3 Service credits are the Customer’s sole remedy for availability failures, without prejudice to termination for material breach under the MSA where availability falls below 99.5% in two consecutive quarters.

B.4 Support

B.4.1 Support is available Monday–Friday, 08:00–17:00 CET/CEST, excluding Croatian public holidays, via in-app chat, email ([email protected]) and phone. The Knowledge Base and the AI support assistant are available 24/7. The AI assistant is clearly identified as AI; its answers are for information only and do not replace a support request. Incidents must be reported through the support channels above for the response times in B.4.3 to apply.

B.4.2 When reporting an issue, the Customer provides a description, its impact, the time it occurred, steps to reproduce, any error messages, and reasonable cooperation.

B.4.3 Response and resolution targets (within support hours):

Priority	Definition	First response	Target resolution (workaround or fix)
P1 Critical	Platform unavailable or unusable for most Users, no workaround	1 business hour	Continuous effort until resolved; target workaround within 8 business hours
P2 High	Major function degraded, workaround may exist	4 business hours	3 business days
P3 Medium	Minor function affected, limited impact	1 business day	15 business days or next scheduled release
P4 Low	Cosmetic issues, questions, feature requests	2 business days	At Marty’s discretion

Response and resolution times run within support hours (B.4.1). The Customer proposes a priority when reporting an issue. Marty assigns the final priority based on the definitions above, acting reasonably, and may change it as more information becomes available, informing the Customer of the reason. P1 incidents must be reported by email or phone. Resolution targets are objectives, and missing them does not give rise to service credits.

B.5 Performance

Under normal conditions (latency under 100 ms, bandwidth over 512 KB/s), standard workflows such as login, candidate review and search respond in under 1 second on average, and no page takes more than 5 seconds to load. AI Features, bulk operations, reports and analytics over large data sets, exports and third-party integrations are excluded from these targets.

B.6 Changes

Marty may update this SLA. Changes that reduce the commitments apply only from the Customer’s next Subscription period, and the version in force at the start of the current period applies until then.

B.7 Definitions

• Downtime: time during which critical functionalities are unavailable to all or a substantial part of Users, measured by Marty’s monitoring, excluding B.2.3.
• Incident: an event that disrupts or degrades the Platform.
• Critical functionalities: login, the ATS pipeline, Candidate profiles, job publishing and the career page.

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Annex C – AI Governance

This Annex sets out Marty’s role and commitments for AI Features. Processing of personal data by AI Features is governed by the DPA, including its Annex 1 per Module.

C.1 Legal framework

Marty designs and operates AI Features in line with Regulation (EU) 2024/1689 (“EU AI Act”), the GDPR, and applicable employment and anti-discrimination law.

C.2 Roles

	Marty (Provider)	Customer (Deployer)
Role under the EU AI Act	Provider of the AI system	Deployer using it under its own authority
Responsible for	Design, development, testing, technical documentation, logging, security, transparency towards the Customer, post-market monitoring	Defining job criteria and evaluation parameters, configuring and using AI Features as intended, interpreting outputs, human oversight, all employment decisions, informing Candidates and workers
Personal data	Processor under the DPA (controller only for the Sourcing Database)	Controller

C.3 Possible high-risk classification

AI systems used for recruitment, selection and evaluation of candidates or workers may be high-risk under Annex III(4) of the EU AI Act. Marty treats such AI Features accordingly and provides the Customer with the instructions for use and information needed for its deployer obligations (Art. 26 EU AI Act).

C.4 Intended purpose: decision support

C.4.1 All AI Features are decision-support tools. They do not make autonomous or binding decisions to hire, reject, promote or otherwise determine employment outcomes, and must not be the sole basis for such decisions.

C.4.2 Outputs are based on criteria defined by the Customer and are advisory. Match scores, rankings or classifications are indicative only and are shown with an explanation.

C.4.3 Current AI Features by Module:

Module	AI Feature	Output	Data in scope	AI provider	EU AI Act classification (Marty’s assessment)
ATS	CV parsing	Structured profile fields	CV, application data	[ ]	Component of a high-risk system (feeds Screening)
ATS	Profile summaries	Summaries	Candidate profile	[ ]	Minimal risk
ATS	Drafting job ads and emails	Drafts	Job data, templates, user prompt	[ ]	Minimal risk
Screening	Assessment of applications against Customer criteria	Criteria fit with explanation, ranked shortlist	Application data, Customer criteria	[ ]	High-risk (Annex III(4)(a))
Screening	Conversational screening (chat/voice)	Transcripts, summaries	Candidate answers (text or voice)	[ ], [voice provider]	High-risk; Candidates are told they are interacting with AI (Art. 50(1))
Sourcing	Search query generation	Search filters	Job requirements, user prompt	[ ]	Minimal risk
Sourcing	Matching and ranking of profiles	Ranked results with explanation	Profile data, job requirements	[ ]	High-risk (Annex III(4)(a))
Sourcing	Outreach drafts	Drafts	Prospect profile, job data	[ ]	Minimal risk
Notetaker	Transcription and summaries	Transcripts, summaries	Interview recordings	Recall.ai, [transcription provider], [ ]	Minimal risk
Notetaker	Scorecard suggestions	Suggested ratings with quotes	Transcripts, scorecard	[ ]	High-risk (Annex III(4)(b))
Assessment	Evaluation of open answers against Customer rubrics	Suggested scores with explanation	Answers, rubrics	[ ]	High-risk (Annex III(4)(a))
Assessment	Integrity (anti-cheating) flags	Flags for human review	Proctoring signals	[fingerprinting provider]	Treated as high-risk
Candidate NPS	Theme and sentiment summary of feedback	Aggregated insights	Survey free text	[ ]	Minimal risk (text analysis, not emotion recognition)
Platform	Semantic search across Customer data	Search results	Customer data	[ ]	Minimal risk
Marty Jobs	AI career profile and job recommendations	Suggested preferences, recommended jobs	Candidate profile, search activity	[ ]	To be confirmed (may fall under Annex III(4)(a), targeted job ads)
Marty Jobs	Job fit indication (shown only to the candidate)	Fit indication	Candidate profile, job ad	[ ]	Not high-risk (not used by employers)
Marty Jobs	AI-added job information	Estimated salary range, category, skills	Job ad, comparable jobs	[ ]	Minimal risk; labelled as AI-generated

Marty will update this table when AI Features are added or materially changed. The classification is Marty’s current assessment under Regulation (EU) 2024/1689 and may change with regulatory guidance.

C.5 Human oversight

• All AI outputs are visible to Users and can be edited, overridden or ignored.
• AI outputs do not trigger automatic rejections or other decisions about individuals.
• A human must review outputs before any hiring or employment decision.
• AI Features can be disabled per Module where the Platform offers it. If the Customer disables AI Features, related functionality may be limited or unavailable.

C.6 How Marty develops and tests AI Features

Area	What Marty does
Data governance	Uses only data relevant to the intended purpose; excludes special categories of data and proxies for them (e.g. photos, age, gender, nationality) from evaluation prompts where technically feasible
Bias testing	Audits AI Features that score, rank or match candidates before release, after any material change to the model, prompts or matching logic, and in any case at least quarterly, on a purpose-built test dataset of CVs and job criteria. Two techniques are used: (i) disparate impact analysis, where an impact ratio of at least 0.8 between groups is considered acceptable (four-fifths rule); and (ii) counterfactual analysis, where CVs are varied only in demographic attributes and proxies while qualifications stay constant, and a consistency score of at least 0.95 is considered acceptable. Protected characteristics tested include sex, ethnicity, age, disability, religion, sexual orientation, national origin, pregnancy, marital status and gender identity, plus intersectional combinations. Results below threshold are investigated and mitigated before (re)release
Accuracy and robustness	Defines quality metrics per AI Feature, runs regression evaluations on model or prompt changes, tests edge cases and adversarial inputs (e.g. prompt injection in CVs)
Model change management	Evaluates new model versions against the same test sets before switching
Logging and traceability	Logs inputs, outputs, model version and configuration to enable traceability, audits and incident investigation
Monitoring	Monitors quality, errors and User feedback in production as part of post-market monitoring; serious incidents are handled under the EU AI Act
Security	Applies the measures in DPA Annex 2, including safeguards against misuse and manipulation

C.7 Models and data use

C.7.1 AI Features use enterprise large language models hosted in Marty’s cloud environment (Microsoft Azure, EU region) or by sub-processors listed in DPA Annex 3.

C.7.2 Customer Content, prompts and outputs are not used by Marty or its providers to train, retrain or fine-tune foundation models, and are not made available to the original model developers. No consumer AI services are used.

C.8 Transparency

AI-generated content is labelled in the Platform. Marty provides documentation on each AI Feature’s purpose, logic, limitations and known risks. Marty maintains an AI audit report for each audited AI Feature, covering scope, test data, methods and results per protected characteristic; Customers may request the latest summary under confidentiality. The Customer is responsible for informing Candidates and workers about the use of AI where required by law.

C.9 Output disclaimer

AI outputs may be incomplete, inaccurate or biased. Marty does not warrant their accuracy. The Customer must verify outputs before relying on them.

C.10 Prohibited uses

In addition to Section 5.2, the Customer must not use AI Features:

• for fully automated hiring or employment decisions;
• for emotion recognition, biometric categorisation, or inferring special categories of data;
• for discriminatory or unlawful purposes;
• outside the intended purpose described in this Annex.

C.11 Inputs, Outputs and AI providers

C.11.1 Definitions. “Input” means any data, prompt or content the Customer or its Users submit to an AI Feature. “Output” means content an AI Feature generates from Input.

C.11.2 Responsibility for Input. The Customer is solely responsible for its Input, including job requirements, screening criteria, rubrics, prompts and any free text, and for ensuring that it is lawful and does not contain discriminatory criteria or references to protected characteristics. Because Input is largely free text defined by the Customer, Marty cannot review or control it. Marty may show warnings or flag Input that appears problematic, but such safeguards do not shift responsibility for the Input or for decisions based on it to Marty. Claims arising from Input are covered by the Customer’s indemnity in Section 14.2.

C.11.3 Ownership. Input and Output are Customer Content. Marty acquires no rights in them beyond those needed to provide the Platform. Outputs may not be unique, and similar Outputs may be generated for others.

C.11.4 Input restrictions. Unless a Module is designed for it, the Customer must not submit as Input: health, genetic or biometric data; government identification numbers; or bank account or payment card details.

C.11.5 Use restrictions. In addition to C.10, the Customer must not use AI Features to present Output as solely human-generated where this would mislead the recipient, to generate spam or fraudulent content, or to develop models that compete with the Platform.

C.11.6 AI providers. Some AI Features use models provided by AI sub-processors listed in DPA Annex 3. The Customer must not use AI Features in a way that breaches the usage policies of those providers, which Marty makes available on request.

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Annex D – Fair Use

This Annex replaces the separate Fair Use Policy. The Platform is multi-tenant, so excessive or abusive use by one Customer can affect others. These limits keep the service reliable for everyone.

D.1 Scope

The limits apply per Customer account, adding up the usage of all its Users. Each limit applies separately. A Purchase Order may set different limits, which then prevail.

D.2 Usage limits

Usage is limited at two levels:

1. Included volume: the monthly usage included in the Customer’s package, as set out in MSA Annex 1, P.5 or the Purchase Order. It is often lower than the fair-use cap.
2. Fair-use cap: the maximum usage per Customer account, whatever the package or credits purchased, unless a Purchase Order agrees otherwise.

Resource	Fair-use cap per Customer account	Above the included volume	Above the fair-use cap
Candidate assessments	1,000 per month	Higher plan or additional assessments	Prior approval
AI screening requests	5,000 per month	Additional request packs (MSA Annex 1, P.5)	Throttling or prior approval
Candidate NPS / experience survey invitations	10,000 per month; not more than once per Candidate within 30 days	Higher plan	Prior approval
Outgoing emails (invitations, notifications, outreach)	20,000 per month	Higher plan	Prior approval
Sourcing contact enrichments	[ ] per month	Additional credit packs	Prior approval
Notetaker recording hours	[ ] per month	Additional hour packs	Prior approval
API requests	[ ] per minute	–	Rate limiting (HTTP 429)

D.3 Additional restrictions

In addition to Section 5.2, the Customer must not:

• use the Platform unless it is a legally registered business;
• access or use accounts or data that do not belong to it;
• publish discriminatory job ads or career site content;
• harass or threaten Candidates, other Users or Marty staff;
• upload malware or insert tracking technologies into the Platform;
• overload or disrupt the Platform, e.g. through automated scripts outside the official API.

D.4 Consequences

D.4.1 If the Customer exceeds a limit or breaches this Annex, Marty will notify it and, where possible, give it a reasonable period to remedy (normally 7 days), or offer a higher plan or additional capacity.

D.4.2 Marty may throttle or suspend the affected functionality immediately, without prior notice, where needed to protect the Platform, other Customers, deliverability or third parties, or in case of serious or repeated breach. Marty will inform the Customer without undue delay and restore access once the issue is resolved.

D.4.3 Persistent or serious breach is a material breach entitling Marty to terminate under the MSA.

D.5 Changes

Marty may adjust the limits. Reductions take effect from the Customer’s next Subscription period.

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Annex E – Anti-Spam

This Annex protects candidates and other recipients, and the deliverability and reputation of Marty’s sending infrastructure and domains (marty.hr, martyjobs.com). It applies to (i) Customers and Users sending messages through the Platform, and (ii) partners, affiliates, resellers and anyone else promoting Marty.

E.1 Messages sent through the Platform

E.1.1 The Customer may use the Platform’s email, SMS, LinkedIn and other messaging features only for genuine recruitment communication with Candidates and Prospects, and only where it has a lawful basis under the GDPR and applicable e-privacy law.

E.1.2 The Customer must not:

• send bulk unsolicited messages unrelated to a genuine, open role;
• use purchased, rented, scraped or harvested contact lists, other than contacts obtained through the Platform’s Sourcing features in line with Section 8.2;
• send marketing or sales messages for its own or third-party products or services;
• disguise the sender, use false or misleading sender information or subject lines, or impersonate Marty or another organisation;
• remove, hide or bypass the opt-out link or the mandatory privacy notice the Platform adds to messages;
• contact again a person who has opted out or objected, or who is on a suppression list;
• exceed the email deliverability thresholds in E.2 (bounce rate below 3%, spam complaint rate below 0.02%).

E.1.3 When using its own mailbox (e.g. a connected Gmail or Microsoft account), the Customer remains responsible for compliance with that provider’s sending policies.

E.2 Email deliverability

To protect shared sending infrastructure, the Customer must keep:

• bounce rate below 3%;
• spam complaint rate below 0.02%;

measured over any rolling 30-day period. The Customer must send only to recipients with a legitimate relationship to its recruitment activity and include an unsubscribe or opt-out option where required.

E.3 Promoting Marty

E.3.1 Marty does not advertise its products or websites through unsolicited messages, and does not authorise anyone to do so on its behalf.

E.3.2 Partners, affiliates, resellers and anyone sharing a Marty promotional or referral link may promote Marty only to people who have chosen to hear from them (their own audience, subscribers, community or opted-in contacts) and must not:

• send unsolicited commercial email, SMS, LinkedIn or other messages promoting Marty or a referral link;
• use purchased, rented, scraped or other non-opt-in lists;
• run paid advertising that targets people based on scraped, purchased or non-opt-in data;
• disguise the origin of a message or omit a working opt-out where required;
• present themselves as Marty or make claims about Marty that Marty has not approved.

E.4 Legal compliance

All messaging must comply with applicable anti-spam and data protection laws, including the GDPR, the ePrivacy Directive and national implementing laws (in Croatia, the Electronic Communications Act), and, where relevant, CAN-SPAM and CASL. Where those laws are stricter than this Annex, they apply.

E.5 Enforcement

E.5.1 Marty monitors complaints, bounce and spam rates. Marty may immediately pause sending, suspend the affected account or feature, or terminate a partner or referral agreement and cancel pending commissions, where this Annex is breached, without prior notice where needed to protect recipients, deliverability or Marty’s domains.

E.5.2 For Customers, Annex D, Section D.4, applies otherwise. Serious or repeated breach is a material breach of the MSA. The Customer indemnifies Marty for damage caused by its breach of this Annex (Section 14.2).

E.6 Reporting abuse

If you received an unsolicited message sent through Marty or promoting Marty, please report it to [email protected] and include the message if possible. We investigate every report and act on confirmed violations.