Terms & Conditions

1. Who we are

1.1 Ekspats B.V. is a company incorporated under the laws of the Netherlands, with its registered address at Keizersgracht 520H, 1017 EK Amsterdam, the Netherlands.

1.2 E-mail: info@ekspats.com

2. Definitions

2.1 “Platform” means Spark, Spark Pro, ekspats.com, candidate dashboards, company dashboards, recruiter dashboards, business partner dashboards, organization dashboards, matching systems, notification systems, payment flows and any related digital infrastructure operated by or on behalf of Ekspats.

2.2 “User” means any person or entity that accesses or uses the Platform, including Candidates, Companies, Recruiters, Business Partners, Organizations and authorized representatives.

2.3 “Candidate” means an individual who creates an account, uploads a CV, completes a profile, receives match previews, activates Spark Pro or otherwise uses the Platform for career opportunity purposes.

2.4 “Company” means an employer, hiring company or other opportunity provider that uses the Platform to create, manage or review positions, matches or hiring workflows.

2.5 “Recruiter” means a user authorized by Ekspats to view selected positions made available to recruiters and to invite or submit external candidates for those positions, in accordance with the recruiter model and platform rules.

2.6 “Business Partner” means a third party that cooperates with Ekspats in connection with company acquisition, position visibility, partnership tracking or commission tracking.

2.7 “Organization” means an institution, university, career center, education partner or similar entity that may receive limited visibility regarding candidates connected to that Organization.

2.8 “Spark Pro” means the paid premium access layer of Spark, subject to applicable subscription conditions and the Candidate Agreement.

2.9 “Content” means any data, text, CV, document, photo, profile information, job description, position information, message, file, comment, communication or other material uploaded, submitted, generated, displayed or transmitted through the Platform.

2.10 “Confidential Information” means any non-public information made available through the Platform, including Company information, Candidate information, match information, salary ranges, role details, contact details, interview details, internal notes, platform logic, commercial information and any other information that should reasonably be treated as confidential.

3. Relationship with other agreements

3.1 These Terms apply to all Users of the Platform.

3.2 Candidates may also be subject to the Candidate Agreement, which governs candidate registration, Free Account access, Spark Pro, match previews, company visibility, anti-bypass obligations and related candidate-specific terms.

3.3 The processing of personal data is governed by the Privacy Policy.

3.4 Companies, Recruiters, Business Partners and Organizations may also be subject to separate agreements, commercial terms, onboarding documents, role-specific policies or platform rules.

3.5 In case of conflict between these Terms and a role-specific agreement, the role-specific agreement shall prevail for that specific role and subject matter, unless expressly stated otherwise.

4. Eligibility and account registration

4.1 You must be at least 18 years old to use the Platform.

4.2 You must provide accurate, complete, current and non-misleading information when creating an account or using the Platform.

4.3 You are responsible for keeping your account information, contact details, role information, company information, CV information, position information and other submitted information accurate and up to date.

4.4 You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

4.5 You must not share your account, transfer your account, allow unauthorized access or use another person’s account without authorization.

4.6 Ekspats may refuse, suspend, restrict or terminate an account where information is inaccurate, misleading, fraudulent, outdated, unlawful or in breach of these Terms.

5. Platform purpose

5.1 Spark is a technology-enabled talent infrastructure and matching platform.

5.2 Ekspats is not a traditional job board or recruitment agency and does not guarantee employment, hiring, interviews, placement, visa sponsorship, work authorization, payroll arrangements, relocation or salary outcomes.

5.3 The Platform may support profile creation, CV parsing, candidate matching, company visibility, recruiter nomination, business partner tracking, organization reporting, notifications, payments and platform analytics.

5.4 Ekspats does not guarantee that any Candidate will receive a match, interview, offer, job, visa, work permit, salary, relocation support or employment outcome.

5.5 Ekspats does not guarantee that any Company will receive a suitable candidate, interview acceptance, hire, placement, retention result or business outcome.

5.6 All final hiring, interview, salary, employment, visa, relocation and contracting decisions are made by the relevant Company, Candidate, public authority or third party, not by Ekspats.

6. User roles and access rights

6.1 Access to the Platform is role-based. Different Users may have different dashboards, permissions, visibility levels, features and restrictions.

6.2 Ekspats may determine, modify, limit or revoke role-based access at any time where reasonably necessary for security, compliance, operational control, product integrity or breach prevention.

6.3 Users must not attempt to access dashboards, data, roles, workflows or features that are not assigned to them.

6.4 Access rights do not create ownership rights over any Platform data, Company data, Candidate data, match data, position data or system data.

7. Candidate use

7.1 Candidates may use the Platform to create a profile, upload or complete a CV, receive limited match previews, access onboarding materials, activate Spark Pro and proceed with relevant opportunities through the Platform.

7.2 Candidates must ensure that their CV, profile information, photo, skills, experience, education, preferences and contact information are accurate, lawful, current and not misleading.

7.3 Candidates must not upload false, fraudulent, unlawful, offensive, irrelevant, unauthorized or third-party information.

7.4 Free Account users may receive limited match previews. Company names, direct contact details, full Company identity and full opportunity details may be restricted unless Spark Pro is activated and platform rules allow further visibility.

7.5 Candidate access to Spark Pro, subscriptions, refunds, EnglishTunes student benefits, anti-bypass obligations and company visibility are governed by the Candidate Agreement.

8. Company use

8.1 Companies may use the Platform to create, submit, manage and review positions, receive matches, review eligible Candidate profiles and manage hiring workflows, subject to approval and platform rules.

8.2 Companies must provide accurate, current and lawful company information, position information, job requirements, salary ranges, location information, company category or sector information and other relevant details.

8.3 Companies must not create misleading, discriminatory, unlawful, fake, inactive or non-existent positions.

8.4 Companies may only use Candidate information for the relevant hiring, interview, assessment or recruitment process within the Platform and in accordance with applicable law, the Privacy Policy and any applicable company agreement.

8.5 Companies must not use Candidate information to bypass the Platform, directly solicit Candidates outside the permitted workflow, create unauthorized candidate databases, sell Candidate data or use Candidate information for unrelated purposes.

8.6 Ekspats may require admin approval before a position becomes visible or active.

8.7 Ekspats may suspend, reject, close, hide or remove any position that violates platform rules, contains inaccurate information, creates security or compliance risk or undermines Platform integrity.

9. Recruiter use

9.1 Recruiters may access only the positions made available to them by Ekspats.

9.2 Recruiters do not have general access to the internal Spark Candidate pool.

9.3 Recruiters may invite or submit external candidates for positions made available to them, subject to the recruiter model, consent requirements, platform rules and any applicable recruiter agreement.

9.4 Recruiters must ensure that any candidate they invite or submit has been informed appropriately and that the recruiter has the necessary authority, consent or lawful basis to share that candidate’s information with Spark.

9.5 Recruiters must be able to demonstrate such authority, consent, notification or lawful basis upon reasonable request by Ekspats.

9.6 Recruiters must not upload, invite or submit candidate information that is false, outdated, unauthorized, misleading or obtained in breach of applicable law.

9.7 Recruiters must not attempt to identify Companies where Company identity is masked, contact Companies outside the Platform, bypass Ekspats or misuse position information.

9.8 Ekspats may approve, reject, restrict, suspend or remove recruiter access at its discretion where necessary to protect the Platform, Companies, Candidates or Ekspats.

10. Business Partner use

10.1 Business Partner access is generally limited, role-based and read-only, unless otherwise agreed in writing.

10.2 Business Partners may receive visibility regarding linked Companies, positions, position status, placement status or commission status.

10.3 Business Partners do not manage Candidate hiring processes and do not generally receive full Candidate CVs, Candidate photos or Candidate contact details unless specifically enabled by Ekspats, necessary for a defined service and permitted under applicable law.

10.4 Business Partners must use any information accessed through the Platform only for the specific partnership purpose authorized by Ekspats.

11. Organization use

11.1 Organization access is generally limited, role-based and read-only, unless otherwise agreed in writing.

11.2 Organizations may receive limited visibility regarding candidates connected to that Organization, such as candidate list visibility, match count, interview status, placement status and aggregated or process-level reporting.

11.3 Unless specifically enabled by Ekspats and permitted under applicable law, Organizations do not receive Company details, Candidate contact information, full Candidate CVs, Candidate photos or recruiter source information.

11.4 Organizations must not use Platform information to contact Companies, bypass the Platform, create unauthorized records or process Candidate information outside the permitted institutional purpose.

12. Automated CV parsing, matching and scoring

12.1 Spark may use automated CV parsing, data extraction, matching relevance indicators, recommendation tools and scoring tools to support profile creation, opportunity matching and Platform functionality.

12.2 These tools may process CVs, profile information, skills, experience, education, preferences, role requirements, Company information and Platform activity solely for the purpose of operating, improving and supporting the Platform.

12.3 Match scores, recommendations, rankings, relevance indicators and previews are indicative decision-support tools only.

12.4 Ekspats does not make final automated hiring, interview, salary, visa, work permit, relocation or employment decisions. Final decisions are made by the relevant Company, Candidate, public authority or third party.

12.5 A match score does not create a right to an interview, job offer, salary, visa, work permit or employment.

12.6 Where applicable, Users may request human review or further explanation of significant Platform-generated outcomes.

12.7 Ekspats may modify, improve, test or replace its matching logic, scoring methods, data extraction tools and recommendation systems from time to time, provided that such changes remain subject to applicable law, the Privacy Policy and Platform rules.

13. Payments, subscriptions and campaigns

13.1 Certain Platform features may require payment, subscription activation or premium access.

13.2 Candidate Spark Pro subscription terms, including price, duration, renewal, cancellation and refund conditions, are governed by the Candidate Agreement and the checkout terms displayed at the time of purchase.

13.3 Ekspats may offer promotional prices, discounts, campaign prices, student benefits, referral benefits or special subscription conditions from time to time.

13.4 Any campaign, discount or special offer is valid only under the conditions, duration, eligibility rules and price displayed at the time of the relevant offer or checkout.

13.5 Payments may be processed through third-party payment providers, including Stripe.

13.6 Ekspats is not responsible for failures, delays or errors caused by third-party payment providers, banks, card issuers or payment networks, except where required by applicable law.

13.7 Before completing a paid subscription, Users will be informed of the applicable price, billing period, renewal conditions, cancellation method and any refund limitations where required by applicable law.

14. Communications

14.1 Ekspats may send service-related communications that are necessary or relevant for the use of the Platform, including account verification messages, onboarding messages, match notifications, platform updates, payment messages, renewal reminders, interview process messages, support messages and security notices.

14.2 Service-related communications may be sent by e-mail, in-app notification, platform message or other appropriate channels. SMS, WhatsApp, phone, push notification or chatbot communications may be used where appropriate for service delivery, user support, security, account management or where permitted by applicable law.

14.3 Marketing communications, including promotional offers, campaigns, newsletters and discount messages, will be sent only where permitted by applicable law and, where required, with the User’s consent.

14.4 Users may opt out of marketing communications as described in the Privacy Policy. Opting out of marketing communications does not prevent Ekspats from sending necessary service-related communications.

15. Acceptable use

15.1 You must use the Platform lawfully, professionally and in accordance with these Terms.

15.2 You must not:

15.3 (a) use the Platform for unlawful, fraudulent, misleading, discriminatory, harmful or abusive purposes
(b) upload false, unauthorized, unlawful, offensive, infringing or misleading Content
(c) impersonate another person, company, recruiter, organization or representative
(d) access or attempt to access accounts, dashboards, data or systems without authorization
(e) scrape, crawl, copy, harvest, extract, download or reuse Platform data without written permission
(f) reverse engineer, decompile, modify, interfere with or bypass Platform functionality
(g) overload, disrupt, damage or compromise the Platform
(h) upload malware, viruses, malicious code or harmful files
(i) bypass, avoid or manipulate Platform workflows, access rules or commercial rules
(j) use Company or Candidate information outside the permitted Platform purpose
(k) sell, license, disclose, publish or distribute data obtained through the Platform
(l) use the Platform to build or train competing products without written authorization
(m) violate confidentiality obligations
(n) violate applicable privacy, employment, anti-discrimination, marketing, intellectual property or cybersecurity laws

16. Confidentiality and anti-bypass

16.1 Users may receive access to Confidential Information through the Platform.

16.2 Users must use Confidential Information only for the specific purpose for which it was made available and only within the permitted Platform workflow.

16.3 Users must not disclose, copy, distribute, sell, misuse or use Confidential Information to bypass Ekspats or the Platform.

16.4 Off-platform contact, direct solicitation, unauthorized hiring, unauthorized candidate submission, unauthorized company contact, data extraction or commercial bypass may result in suspension, termination, loss of access, denial of refunds where permitted by applicable law, and claims for damages.

16.5 Contractual penalties may apply only where expressly agreed in the applicable role-specific agreement, Candidate Agreement, Company Agreement, Recruiter Agreement or other written agreement between the relevant User and Ekspats.

16.6 Candidate-specific anti-bypass obligations and penalties are governed by the Candidate Agreement.

16.7 Confidentiality obligations survive termination or expiry of account access.

17. User content

17.1 You are responsible for all Content you upload, submit, send, publish or otherwise make available through the Platform.

17.2 You represent and warrant that you have the rights, permissions, consents and lawful basis necessary to upload, submit or share your Content.

17.3 You retain ownership of your Content. You grant Ekspats a limited, non-exclusive, worldwide license to host, store, process, display, transmit, analyze, structure and use your Content solely as necessary to operate, provide, secure, improve and enforce the Platform, and only in accordance with these Terms, the Privacy Policy and applicable law.

17.4 This license does not allow Ekspats to sell User Content or use User Content for unrelated commercial purposes outside the Platform.

17.5 Ekspats may remove, restrict or disable access to Content that violates these Terms, applicable law, third-party rights, security rules or Platform integrity.

18. Intellectual property

18.1 The Platform, software, workflows, dashboards, designs, texts, logos, trademarks, databases, matching logic, event structure, scoring logic, documentation and all related intellectual property are owned by or licensed to Ekspats.

18.2 These Terms do not transfer any intellectual property rights to Users.

18.3 Users may not copy, modify, reproduce, distribute, sell, license, reverse engineer, create derivative works from or commercially exploit any part of the Platform without written permission from Ekspats.

19. Third-party services

19.1 The Platform may integrate with or rely on third-party services, including payment providers, SSO providers, cloud hosting providers, communication providers, analytics providers, CV parsing providers and other technical service providers.

19.2 Third-party services may be subject to their own terms and privacy notices.

19.3 Ekspats is not responsible for third-party services, outages, errors, decisions, delays or terms, except where required by applicable law.

19.4 Where third-party service providers process personal data on behalf of Ekspats, Ekspats will take appropriate steps required under applicable data protection law, including using appropriate contractual safeguards where required.

20. Platform availability and changes

20.1 Ekspats aims to provide a reliable Platform, but does not guarantee uninterrupted, error-free, secure or permanent availability.

20.2 The Platform may be unavailable due to maintenance, updates, technical issues, third-party failures, security incidents or force majeure events.

20.3 Ekspats may modify, suspend, discontinue, replace or restrict any feature, dashboard, workflow, access right, integration, matching logic or service at any time where reasonably necessary for product development, security, compliance, business operations or Platform integrity.

21. Suspension and termination

21.1 Ekspats may suspend, restrict or terminate your account or access if:

21.2 (a) you breach these Terms
(b) you breach any role-specific agreement
(c) you provide false, outdated or misleading information
(d) you misuse the Platform
(e) you attempt to bypass the Platform
(f) you violate confidentiality
(g) you create legal, security, reputational or operational risk
(h) required by law, regulation, court order or public authority request
(i) your account remains inactive for a prolonged period
(j) continuing access would harm Ekspats, Users, Companies, Candidates or the Platform

22. Disclaimers

22.1 The Platform is provided on an “as is” and “as available” basis.

22.2 Ekspats does not guarantee the accuracy, completeness, reliability or availability of any match, Candidate profile, Company information, position information, salary range, recruiter submission, organization report or business partner information.

22.3 Salary ranges, match scores, rankings, recommendations and opportunity information are indicative and may change.

22.4 Ekspats does not guarantee employment, hiring, interviews, offers, visa sponsorship, work permits, payroll arrangements, relocation, candidate quality, company quality, retention or commercial results.

23. Limitation of liability

23.1 To the maximum extent permitted by applicable law, Ekspats shall not be liable for indirect, incidental, special, punitive or consequential damages, loss of profits, loss of revenue, loss of opportunity, loss of employment, reputational harm or business interruption arising from or related to the Platform.

23.2 Ekspats shall not be liable for decisions, actions, omissions, delays, representations, offers, withdrawals, rejections, salary decisions, employment decisions, candidate conduct, company conduct, recruiter conduct, organization conduct, business partner conduct or third-party conduct, except where liability cannot be excluded under applicable law.

23.3 Nothing in these Terms excludes or limits liability for intent, gross negligence, mandatory consumer rights, data protection rights, or any liability that cannot be excluded or limited under Dutch, EU or other mandatory applicable law.

24. Indemnity

24.1 To the extent permitted by applicable law, you agree to indemnify and hold harmless Ekspats from and against claims, damages, losses, liabilities, costs and expenses arising out of or related to your unlawful conduct, intentional misconduct, material breach of these Terms, misuse of the Platform, violation of third-party rights, misuse of Candidate, Company or Platform information, bypass or attempted bypass of the Platform, or breach of applicable privacy, employment, intellectual property, confidentiality or marketing laws.

24.2 For individual Candidates or consumer Users, this indemnity applies only to the extent permitted under applicable mandatory consumer protection law.

25. Privacy

25.1 Ekspats processes personal data in accordance with its Privacy Policy.

25.2 By using the Platform, you acknowledge that personal data may be processed for Platform operation, account management, CV parsing, matching, subscription management, communications, security, analytics and other purposes described in the Privacy Policy.

25.3 This acknowledgement does not constitute consent where consent is required under applicable data protection, cookie or marketing laws. Where consent is required, Ekspats will request it separately.

25.4 Users who submit personal data of third parties must have the necessary authority, consent or lawful basis to do so and must be able to demonstrate this where reasonably requested.

Read our Privacy Policy

26. Amendments

26.1 Ekspats may update these Terms from time to time.

26.2 If material changes are made, Ekspats will use reasonable efforts to notify Users by e-mail, platform notice or another appropriate method before or when the changes take effect.

26.3 Continued use of the Platform after the updated Terms become effective constitutes acceptance of the updated Terms, except where explicit acceptance is required by applicable law.

26.4 If you do not agree to the updated Terms, you must stop using the Platform. Where the change materially affects a paid subscription, Users may have cancellation or other rights as required by applicable law, the Candidate Agreement or checkout terms.

27. Force majeure

27.1 Ekspats shall not be liable for failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, strikes, pandemics, government actions, power outages, internet failures, cyber-attacks, third-party service failures, payment provider failures or infrastructure disruptions.

28. Severability

28.1 If any provision of these Terms is held invalid, unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.

28.2 The invalid, unlawful or unenforceable provision shall be interpreted or replaced, to the extent possible, by a valid provision that most closely reflects the original intent.

29. Governing law and jurisdiction

29.1 These Terms shall be governed by and construed in accordance with the laws of the Netherlands.

29.2 The courts of Amsterdam, the Netherlands, shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms, unless mandatory applicable law provides otherwise.

30. Language

30.1 These Terms are prepared in English.

30.2 Any translation is provided for convenience and understanding only.

30.3 In the event of inconsistency between the English version and any translation, the English version shall prevail.

31. Contact

31.1 If you have any questions about these Terms, you may contact us at: Ekspats B.V., Keizersgracht 520H, 1017 EK Amsterdam, The Netherlands.

31.2 E-mail: info@ekspats.com