Terms of Service

Last updated: 18 February 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Treegarden SRL ("Treegarden," "we," "us," or "our"), governing your access to and use of the Treegarden applicant tracking system and related services available at app.treegarden.ro (the "Platform").

By:

• Creating an account on the Platform;
• Clicking "I agree" or any similar acceptance mechanism;
• Accessing or using any part of the Platform;

…you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Service

Treegarden is a Software-as-a-Service (SaaS) Applicant Tracking System (ATS) that enables organisations to:

• Create and manage job postings
• Collect, store, and manage job applications and candidate CVs
• Coordinate interview scheduling and evaluation workflows
• Collaborate among recruiters, HR managers, and hiring managers
• Track candidate pipeline stages via Kanban-style boards
• Manage multi-user access with role-based permissions
• Integrate with third-party tools (Google and others)

Treegarden reserves the right to modify, suspend, or discontinue any part of the Platform at any time, with reasonable notice to users where practicable. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

3. Eligibility

To use the Platform, you must:

• Be at least 16 years of age
• Have the legal capacity to enter into a binding contract under applicable law
• Not be prohibited from using the Platform under the laws of Romania, the European Union, or your country of residence
• Provide accurate and complete registration information

The Platform is intended for professional and business use. It is not a consumer product or job board accessible to the general public for applying to jobs directly.

4. Account Registration and Security

To access the Platform, you or your organisation must register and create an account. You agree to:

• Provide accurate, current, and complete information during registration and keep it updated
• Maintain the confidentiality of your login credentials
• Not share your account credentials with any third party
• Immediately notify Treegarden of any unauthorised access to or use of your account at [email protected]
• Accept responsibility for all activities that occur under your account

Treegarden reserves the right to suspend or terminate accounts where we have reason to believe account security has been compromised or where Terms violations have occurred.

You may register using email/password credentials or via Google OAuth. By using Google OAuth, you also agree to Google's Terms of Service and Privacy Policy.

5. User Roles and Permissions

The Platform supports the following user roles, each with defined levels of access:

• HR Manager – Manage job postings, candidate pipelines, and team collaboration
• Recruiter – Manage assigned job postings and candidates
• Hiring Manager – View candidates and provide evaluations for assigned roles
• Agency User / External Collaborator – Limited access as configured by the account owner

The account owner is responsible for managing user access within their organisation's account and ensuring all users comply with these Terms.

6. Acceptable Use Policy

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must NOT:

• Use the Platform to discriminate against candidates on the basis of race, colour, nationality, ethnic or national origin, sex, gender, pregnancy, disability, religion or belief, age, sexual orientation, marital status, or any other protected characteristic under applicable law
• Upload, transmit, or store content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
• Process personal data of candidates without a valid legal basis under GDPR
• Attempt to gain unauthorised access to any part of the Platform, other users' accounts, or Treegarden's systems
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform
• Use the Platform to send unsolicited communications (spam) to candidates or other parties
• Introduce malware, viruses, or other malicious code into the Platform
• Use automated tools (bots, scrapers, crawlers) to extract data from the Platform without express written consent
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Violate any applicable local, national, or international law or regulation
• Use the Platform for any purpose other than legitimate recruitment and HR management activities

Treegarden reserves the right to investigate any suspected violations and to take appropriate action, including immediate account suspension and reporting to law enforcement authorities.

7. Subscription Plans and Payments

7.1 Subscription Plans

Access to the Platform is provided on a subscription basis. Available plans, features, and pricing are published on our website and may be updated from time to time. Your subscription plan determines the features and usage limits available to your account.

7.2 Payment Processing

All payments are processed securely via our PCI-compliant payment provider. Treegarden does not store your full payment card details. By providing payment information, you authorise Treegarden to charge the applicable subscription fees to your payment method on a recurring basis.

7.3 Billing Cycle and Renewal

Subscriptions are billed in advance on an annual basis. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

7.4 Price Changes

Treegarden reserves the right to change subscription pricing. We will provide at least 30 days' notice of any price increase. Continued use of the Platform after the price change takes effect constitutes acceptance of the new pricing.

7.5 Refunds

Subscription fees are generally non-refundable except where required by applicable Romanian consumer protection law or as otherwise agreed in writing. In the event of a billing error, please contact us within 30 days at [email protected].

7.6 Taxes

All fees are exclusive of applicable taxes. Where Romanian VAT (TVA) or other taxes are applicable, they will be added to the subscription fee. You are responsible for all taxes applicable to your use of the Platform.

7.7 Non-Payment and Suspension

If payment fails or a subscription lapses, Treegarden reserves the right to restrict or suspend access to the Platform after reasonable notice. Data will be retained for 90 days after suspension, after which Treegarden may permanently delete your account data.

8. Intellectual Property

8.1 Treegarden's IP

The Platform, including its software, code, design, graphics, text, logos, trademarks, and all other content created by Treegarden, is the exclusive intellectual property of Treegarden SRL and is protected by Romanian and international intellectual property laws. Nothing in these Terms grants you any ownership rights in the Platform.

8.2 License to Use

Subject to your compliance with these Terms and payment of applicable fees, Treegarden grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal business purposes during the term of your subscription.

8.3 Your Content

You retain all ownership rights to the content you upload to the Platform (including job descriptions, candidate data, company information, and other materials) ("Your Content"). By uploading Your Content, you grant Treegarden a limited, non-exclusive licence to store, process, and display Your Content solely to provide the Platform's services to you.

You represent and warrant that you have all necessary rights to upload Your Content and that it does not infringe any third-party intellectual property rights or violate any applicable law.

8.4 Feedback

If you provide Treegarden with feedback, suggestions, or ideas regarding the Platform, you grant Treegarden a perpetual, irrevocable, royalty-free right to use such feedback for any purpose without compensation or attribution to you.

9. Data Protection and Processing

The processing of personal data in connection with the Platform is governed by our Privacy Policy, which forms part of these Terms.

Where you upload personal data of third parties (including job candidates) to the Platform, you do so as an independent data controller. You are responsible for ensuring that:

• You have a valid legal basis for processing such data under GDPR and applicable Romanian law
• Candidates are informed that their data is stored and processed on the Treegarden platform
• You comply with all applicable data protection obligations

Treegarden acts as your data processor for candidate data. Our Data Processing Agreement (DPA), required under GDPR Article 28, is available upon request at [email protected].

10. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). Treegarden's Confidential Information includes, but is not limited to, the Platform's source code, pricing structures, and business strategies. Your Confidential Information includes your company data and candidate information.

Neither party will disclose the other's Confidential Information to third parties or use it for any purpose other than as necessary to perform obligations under these Terms, except as required by law.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TREEGARDEN DOES NOT WARRANT THAT:

• The Platform will be uninterrupted, error-free, or free of harmful components
• Results obtained from using the Platform will be accurate, reliable, or meet your requirements
• All defects or errors in the Platform will be corrected

Treegarden makes reasonable efforts to ensure the Platform is available 24/7 but does not guarantee uptime. Planned maintenance will be communicated in advance where reasonably possible.

Note: Romanian consumer protection law (OUG 34/2014, Law 449/2003) may provide additional rights to certain users that cannot be excluded. These Terms do not affect such mandatory statutory rights.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY ROMANIAN AND EU LAW:

• Treegarden shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business, or loss of goodwill, arising from your use of or inability to use the Platform
• Treegarden's total aggregate liability to you for all claims arising under or in connection with these Terms shall not exceed the total subscription fees paid by you to Treegarden in the 12 months immediately preceding the event giving rise to the claim

These limitations apply regardless of the theory of liability (contract, tort, statute, or otherwise) and even if Treegarden has been advised of the possibility of such damages.

Nothing in these Terms limits Treegarden's liability for: (a) death or personal injury caused by Treegarden's negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable Romanian or EU law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Treegarden SRL and its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Your Content, including any claim that Your Content infringes intellectual property rights or violates data protection law
• Your failure to obtain valid consent or legal basis for processing candidate personal data
• Any discriminatory or unlawful use of the Platform

14. Term and Termination

14.1 Term

These Terms are effective from the date you first access or use the Platform and continue until your subscription ends or these Terms are otherwise terminated.

14.2 Termination by You

You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused portions of a prepaid subscription period, except as required by law.

14.3 Termination by Treegarden

Treegarden may suspend or terminate your access to the Platform immediately and without prior notice if:

• You materially breach these Terms
• You fail to pay applicable fees
• Treegarden reasonably believes your use poses a security risk or legal liability
• Required by law or court order

14.4 Effect of Termination

Upon termination, your right to access the Platform ceases immediately. Treegarden will retain your data for 90 days post-termination, during which you may request an export. After 90 days, data will be permanently deleted, subject to legal retention obligations. Sections 8, 10, 12, 13, 15, and 16 shall survive termination.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, including but not limited to the Romanian Civil Code (Law no. 287/2009), without regard to conflict of law principles. EU law, including the GDPR, applies where applicable.

15.2 Dispute Resolution

In the event of a dispute arising from or relating to these Terms or the Platform, the parties agree to first attempt to resolve the dispute through good-faith negotiation. Disputes should be submitted in writing to [email protected].

If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to the exclusive jurisdiction of the competent courts of Bucharest, Romania.

15.3 EU Online Dispute Resolution

If you are an EU consumer, you may also submit a complaint via the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Treegarden regarding the Platform and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

Failure by Treegarden to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Treegarden's prior written consent. Treegarden may assign these Terms (including in connection with a merger, acquisition, or sale of assets) upon notice to you.

16.5 Force Majeure

Treegarden shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, governmental actions, internet outages, or third-party service failures.

17. Changes to These Terms

Treegarden reserves the right to update these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Notify registered users via email or in-app notification at least 14 days before the new Terms take effect

If you disagree with the revised Terms, you must stop using the Platform before the effective date. Continued use after the effective date constitutes acceptance of the new Terms.

18. Contact Information

If you have any questions about these Terms, please contact us: