Brilliant Hire by SAP

SAP Brilliant Hire

Supplemental Terms and Conditions

This Supplement is part of an Agreement for SAP Cloud Services between SAP and Customer and applies only to SAP Brillant Hire services to which Customer is subscribed. Any documents referenced in this Supplement are available upon request.

1. Cloud Service.  SAP Brillant Hire includes features to to recommend job offers to Users of the Customer’s Career Site based off the user’s responses to a brief survey.

2. Fees.

2.1 Usage Metrics.

(1) Small Enterprise: for customers between 0 and 2,000 employees

(2) Medium Enterprise: for customers between 2,001 and 10,000 employees

(3) Large Enterprise: for customers with more than 10,000 employees.

2.2 The Usage Metric for SAP Brillant Hire represents the maximum monthly number of employees a Customer may have during the Term.  If Customer exceeds the set number of employees, Customer be moved to the next tier and charged the applicable corresponding fees.

2.3 Customer must have a separate, applicable license for SuccessFactors RMK or SuccessFactors Career Site Builder to use SAP Brillant Hire.  Such license for SuccessFactors RMK and SuccessFactors Career Site Builder is not included with SAP Brillant Hire and must be licensed separately by Customer from SAP for an additional fee.  Customer understands and agrees that SuccessFactors RMK and SuccessFactors Career Site Builder must be actively deployed by Customer for SAP Brillant Hire to function.

3. ADDITIONAL TERMS

3.1 EU Access.  The EU Access option is not available for SAP Brillant Hire.

3.2 SAP does not warrant the accuracy or completeness of the SAP Brilliant Hire software or services or the reviews, recommendations or other information or advice provided by the SAP Brilliant Hire software and services, or other items contained within the Brilliant Hire software or services. All Brilliant Hire software and services and the reviews, Evaluations,, recommendations or other information or advice provided therewith is provided “AS-IS” with no representations or warranties.  SAP AND ITS LICENSORS DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED. SAP assumes no responsibility for errors or omissions in the SAP Brilliant Hire software and services and the reviews, evaluatinos, recommendations or other information or advice provided therewith.   

SAP SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY, NOR FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR OTHER FINANCIAL LOSS, THAT MAY RESULT FROM THE USE OF THE SAP Brilliant Hire software and services (and the reviews, evaluations, recommendations or other information or advice provided therewith), SERVICES, SAP MATERIALS,  sap CONFIDENTIAL INFORMATION OR OTHER MATERIALS PROVIDED UNDER THE AGREEMENT OR RELATING DOCUMENTS. IN NO EVENT SHALL SAP'S LIABILITY TO CUSTOMER OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE, THE NET FEES PAID FOR THE USE OF THE SAP Brilliant Hire software and services in the previous year.  WHERE SAP'S LIABILITY IS EXCLUDED OR LIMITED, THIS ALSO APPLIES TO THE PERSONAL LIABILITY OF SAP'S EMPLOYEES, REPRESENTATIVES, AND PEOPLE PERFORMING SERVICES ON SAP'S BEHALF.

3.3 Individual User Information. SAP Brillant Hire collects certain individual user information on Customer’s behalf in order to provide the Cloud Service functionality (“Individual User Information”). Some jurisdictions may have specific requirements regarding the collection and processing Individual User Information. A list of the Individual User Information can be found in the Documentation. Customer is solely responsible for providing proper disclosure and obtaining the appropriate rights and/or consents required by applicable law for the collection and use of Individual User Information by SAP Brillant Hire. If such Individual User Information is considered personal data governed by data protection laws, the parties agree that Customer is deemed controller and SAP is a processor.

3.4 Feedback:  During the course of this Agreement, Customer or its Representatives (“Feedback Provider”) may provide SAP or its Representatives (“Feedback Recipient”) with input regarding Feedback Recipient’s software, products, services, business or technology plans, including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of Feedback Recipient’s software, products and/or services, or input as to whether Feedback Provider believes Feedback Recipient’s development direction is consistent with their own business and IT needs (collectively “Feedback”). All Feedback is provided at the sole discretion of Feedback Provider. In order for Feedback Recipient to utilize such Feedback, Feedback Provider grants to Feedback Recipient a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license, with the right to sublicense to Feedback Recipient’s licensees and customers, under all relevant Feedback Provider intellectual property rights, to use, publish, and disclose such Feedback and to display, perform, copy, make, have made, use, make derivatives of, sell, and otherwise dispose of Feedback Recipient 's and its sublicensee’s products or services embodying Feedback in any manner and via any media Feedback Recipient chooses, without reference to the source and without referencing in any way the Feedback Provider. Unless otherwise mutually agreed by the parties, Feedback Recipient shall be entitled to use Feedback for any purpose without restriction or remuneration of any kind with respect to Feedback Provider and/or its representatives. Except for the license granted above to use Feedback provided by Feedback Provider at its sole discretion, Feedback Recipient acquires no title or interest in any pre-existing or independently developed data, information, or intellectual property of Feedback Provider under this Agreement. Each party acknowledges that the information related to the other party’s software, products, services, business or technology plans, disclosed to it under this Agreement, is only intended as possible strategies, developments, and functionalities of the other party’s products or services and is not intended to be binding upon the other party to any particular course of business, product strategy, and/or development.

3.5 SAP Brillant Hire includes the platform on which authorized users can access SAP Brillant Hire. SAP may additionally collect and process data or content collected from or submitted by individual authorized users accessing the platform directly as well as transaction log data collected by SAP Brillant Hire for SAP’s own purposes (“Analytics Data”).  Analytics Data that is personal data will be handled in accordance the terms of the Privacy Statement available at https://www.brillianthire.io/privacy-policy.pdf which authorized users must accept in order to use SAP Brillant Hire. The Data Processing Agreement for SAP Cloud Services shall not apply to SAP’s collection and use of Analytics Data. If Customer receives access requests or other requests related to rights in personal data related to such Analytics Data, Customer shall forward such requests to SAP without undue delay.

3.6 The customer support that the parties agree for SAP Brillant Hire is SAP Customer Assistance. The current description of SAP Customer Assistance is incorporated in Schedule A. ​​​​

3.7 Territory: SAP Brillant Hire may only be used in the territory of: The United States of America.

3.8 Maintenance Windows. SAP Brillant Hire utilizes the following maintenance windows:

Schedule A to SAP BRILLIANT HIRE SUPPLEMENTAL TERMS AND CONDITIONS

SAP CUSTOMER ASSISTANCE POLICY FOR SAP CLOUD SERVICES

1. SERVICE SCOPE

SAP Customer Assistance is available for Cloud Services (where referenced in the order process and respective Agreement), and included in the subscription fees for such Cloud Services. The following table describes the assistance services included in SAP Customer Assistance. Further clarification of terms in the following table is provided in the Capitalized Terms table below.

Cloud Service related product enablement content and session schedules are made available as self service directly through the Cloud Service, as applicable. Scheduling, availability and delivery methodology is at SAP’s discretion.

In the event SAP provides third party-based cloud services to customer under the Agreement, SAP shall provide SAP Customer Assistance on such third party-based cloud services to the degree the applicable third party makes such support available to SAP.

If the vendor of such third party-based cloud services does not provide the supporting services required by SAP any more, SAP has the right to give reasonable notice of at least one month of extraordinary and partial termination of the affected Cloud Service.

2. LANGUAGES

Any assistance service by SAP or by a third party is in English only.

3. CUSTOMER’S RESPONSIBILITIES

In order to receive SAP Customer Assistance hereunder, customers shall designate at least one qualified English speaking contact person on the platform of the Cloud Service. In addition, customers shall use the agreed Cloud Service related product enablement content and reasonably cooperate with SAP to resolve technical questions or experienced errors related to the Cloud Services, as applicable.

4. CAPITALIZED TERMS

Below are further explanations of the capitalized terms used above: