These General Terms and Conditions (the "General Terms") govern the relationship between SIA "New Tech" ("Yena", "we", "us") and the client accepting them (the "Client"). Together with the Order Form, the Data Processing Agreement (DPA), the Service Level Agreement (SLA), and any applicable Statement of Work (SOW), they form the entire Agreement between the parties (the "Agreement").
Effective Date: April 24, 2026
Provider: SIA "New Tech" (Sabiedrība ar ierobežotu atbildību "New Tech")
Registered Office: Mazā Nometņu iela 31, Rīga, LV-1002, Latvia
Commercial Register (Komercreģistrs): 40203731548
These General Terms apply to every use of www.yena.ai (the "Website") and the Yena cloud-based platform (the "Platform"). By signing an Order Form, creating an account, or using the Services, the Client confirms that it has read, understood, and agreed to be bound by the Agreement. Any terms or conditions proposed by the Client (including general terms on a purchase order or invoice) are expressly excluded unless Yena accepts them in writing.
Yena grants the Client access to the Platform — an AI-native applicant tracking system (ATS) and recruiting customer relationship management (CRM) system designed for executive search firms, staffing agencies, and internal recruiting teams — in accordance with the Agreement. The Client confirms that it is not acting as a consumer and is using the Services strictly for professional purposes.
Yena may offer a free trial of the Platform for a period of ten (10) calendar days, with no payment card required at sign-up. During the free trial the Platform is provided "as is" and "as available"; the SLA does not apply; and Yena may at any time modify, suspend, or terminate the free trial, in whole or in part, with or without notice.
To continue using the Platform beyond the free-trial period, the Client must pay the applicable subscription fees via the Stripe Link payment flow (or another payment method made available by Yena). Data created during the free trial remains accessible only if the Client converts to a paid subscription before the trial ends; otherwise, such data may be deleted without further notice.
Subject to payment of the applicable fees and compliance with the Agreement, Yena grants the Client a personal, restricted, non-exclusive, non-transferable, non-assignable, non-sublicensable right to access and use the Platform during the term of the subscription.
Accounts are personal to each End User. Sharing account credentials between End Users is prohibited. The Client may add End User seats at any time; additional seats are charged pro-rata for the remainder of the then-current billing period. Reductions in the number of End User seats take effect only at the next renewal.
Credits or prepaid balances (if any) are valid for twelve (12) months from the date of purchase; after that period they automatically expire and no refund is due.
The Client shall not, and shall not permit any End User or third party to:
Material non-compliance with this Article entitles Yena to suspend the rights granted hereunder and/or terminate the Agreement for material breach in accordance with Article 16.
If Professional Services include data migration, the Client shall provide an export of the source data in a format reasonably requested by Yena. Yena shall perform the mapping and import into a Validation Environment with the Client's collaboration and approval.
The Client shall have ten (10) calendar days from the date on which the migrated data is made available in the Validation Environment to accept or reject the migration. Use of the migrated data in the Production Environment counts as acceptance. A rejection must be notified in writing and describe the deficiencies in reasonable detail; Yena shall have fourteen (14) calendar days to remedy them.
One assisted data export in CSV format is included per contract year. Additional assisted exports are treated as Professional Services and charged at the rate set out in Article 14.
All Intellectual Property Rights in and to the Platform, the Website, the Services, and any related documentation are and shall remain the exclusive property of Yena or its licensors. Nothing in the Agreement transfers any Intellectual Property Rights to the Client, save for the limited use rights expressly granted here.
If the Client (or anyone acting on its behalf) acquires any Intellectual Property Rights in or to the Platform or its improvements, the Client shall, upon first request, assign all such rights to Yena, without additional consideration.
The Client is solely responsible for the inputs it submits to the Platform and for having the authority and lawful basis to submit them. Yena shall not claim any rights in or to the Output, except to the extent the Output incorporates Yena's own Intellectual Property Rights (including its models, prompts, templates, and user-interface elements).
As between the parties, the Client retains all rights and Intellectual Property Rights in Client Data. The Client grants Yena a non-exclusive, worldwide, royalty-free licence to use, host, reproduce, transmit, and process Client Data solely to the extent necessary to provide the Services and to comply with the Agreement and applicable law.
The Client is responsible for the accuracy, quality, legality, and appropriateness of Client Data and for obtaining all rights, consents, and lawful bases required to upload Client Data to the Platform and to have it processed by Yena and its sub-processors.
Each party shall comply with applicable data-protection laws, including the General Data Protection Regulation (EU) 2016/679 ("GDPR"). The processing of personal data by Yena on behalf of the Client is governed by the DPA, which is incorporated by reference into the Agreement and takes precedence over these General Terms in the event of conflict.
The Client shall implement and maintain appropriate technical and organisational measures on its side, keep its credentials confidential, and promptly notify Yena of any actual or suspected unauthorised access or security incident at [email protected].
AI training. Yena does not use Client Data — including anonymised or aggregated Client Data — to train, fine-tune, validate, or improve any AI or machine-learning model, whether operated by Yena, its affiliates, or any third party. Yena imposes equivalent contractual restrictions on its AI sub-processors.
Hosting and data residency. The Platform's primary production infrastructure is hosted in the European Union (Frankfurt, Germany). A secondary database is operated by Supabase in Basel, Switzerland, a jurisdiction recognised as adequate under Article 45 GDPR. Daily backups are retained for seven (7) days.
Further details on security measures and sub-processors are set out on the Security page.
Each party ("Receiving Party") shall maintain in strict confidence all information disclosed by the other party ("Disclosing Party") that is marked or reasonably understood to be confidential, including technical, commercial, financial, personnel, and customer information.
The obligations in this Article do not apply to information that: (a) was already lawfully known to the Receiving Party without a confidentiality obligation; (b) is or becomes publicly available through no fault of the Receiving Party; (c) is independently developed by the Receiving Party without use of the Disclosing Party's information; or (d) is lawfully received from a third party without restriction. The Receiving Party may disclose confidential information to its employees and contractors bound by confidentiality obligations on a need-to-know basis, and as required by law or a valid order of a competent authority (subject, where lawful, to prior written notice to the Disclosing Party).
Yena may rely on third-party AI providers (such as OpenAI, Anthropic, or equivalent) to deliver AI Features. Yena ensures by contract that such providers: (i) shall not use Client Data for training, fine-tuning, validation, or improvement of any model; and (ii) are bound by confidentiality and data-security obligations no less protective than those set out in the Agreement.
Yena remains responsible for AI Features under the Agreement, except to the extent that any issue arises from the Client's breach, improper use, or failure of a third-party system beyond Yena's reasonable control. The Client acknowledges that AI Output is generated in a probabilistic or non-deterministic manner, may contain errors or omissions, and must not be relied on as a substitute for professional judgment. Human review is required for decisions producing legal or similarly significant effects on candidates.
Where an AI Feature qualifies as a "high-risk AI system" under Regulation (EU) 2024/1689 (the EU AI Act), and the European Commission publishes model contractual clauses applicable to that feature, those clauses shall govern the feature and prevail over any conflicting terms of the Agreement. Yena will maintain technical documentation, logging, human-oversight mechanisms, and risk management appropriate to any classification that applies.
If compliance with such clauses or any supervening AI-Act obligation would materially prejudice Yena's ability to provide the feature (commercially, technically, or legally), the parties shall discuss the matter in good faith. If no reasonable solution is reached within thirty (30) calendar days, Yena may discontinue the affected feature on written notice, without liability, with a pro-rata refund of any unused prepaid fees for that feature.
Where Yena provides Professional Services, the scope, timeline, milestones, and acceptance criteria shall be set out in a separate SOW. Delivery dates are indicative. Yena shall perform the Professional Services in good faith and use reasonable efforts to meet the agreed timeline; performance depends on the timely cooperation of the Client.
Unless otherwise stated in the SOW, Professional Services are charged at a rate of EUR 300 per hour (excluding VAT), or the equivalent amount in another currency at the then-current exchange rate. Travel and out-of-pocket expenses are additional and charged at cost against documented receipts.
Fees for the Services are those set out on the Website, in the Platform billing section, or on the applicable Order Form. Yena may revise the fees with at least thirty (30) calendar days' prior written notice, effective at the start of the next renewal period. If the Client disagrees with the revised fees, it may terminate the Agreement by written notice before the effective date, in which case termination takes effect at the end of the then-current term.
VAT and taxes. All fees are exclusive of VAT and any other applicable indirect taxes. Latvian VAT and/or such other indirect taxes as are legally due shall be added to each invoice and paid by the Client. The reverse-charge mechanism does not apply to Yena's B2B SaaS invoices by default; the Client shall pay VAT as invoiced unless Yena confirms otherwise in writing.
Payment terms. Unless otherwise agreed, invoices are payable on receipt via Stripe Link or another payment method made available by Yena. Stripe acts as Yena's payment processor and is a sub-processor of personal data for billing purposes (see the Security page).
Late payment. Any amount not paid on the due date automatically, and without prior notice of default, entitles Yena to charge late-payment interest of two percent (2%) per commenced month on the overdue amount, together with all reasonable recovery costs. Yena may also suspend the Services until full payment is received. Suspension for non-payment does not release the Client from its payment obligations.
All fees are non-refundable and non-cancellable once paid, except as expressly agreed in writing by Yena or as required by mandatory law.
The subscription becomes effective on the date stated on the Order Form (the "Effective Date") and, unless otherwise specified, runs for an initial term of one (1) year, automatically renewing for successive one (1) year periods. Monthly subscriptions (where offered) renew for successive monthly periods. Either party may terminate a renewal by written notice at least thirty (30) calendar days before the end of the then-current term.
Early cancellation before completion of data migration and/or activation in the Production Environment does not release the Client from its obligation to pay the fees for the initial term.
Either party may terminate the Agreement for material breach with immediate effect if the other party fails to cure the breach within thirty (30) calendar days of written notice identifying the breach. Either party may terminate the Agreement for the insolvency, bankruptcy, winding-up, or cessation of business of the other party, to the extent permitted by applicable law.
Data export on termination. Upon termination or expiry of the Agreement, Yena will, subject to availability of its systems and to applicable legal and security requirements, make the Platform available to the Client for a period of up to ninety (90) calendar days to enable the Client to export Client Data. The standard export format is CSV; alternative formats may be provided as Professional Services. After this period, Yena may delete or anonymise Client Data in accordance with the DPA and applicable retention requirements. Assisted exports beyond what is included in the Agreement are treated as Professional Services under Article 14.
Termination does not affect amounts accrued prior to the effective date of termination. The following Articles survive termination for as long as reasonably necessary: 7 (only as to completed migrations), 8, 9, 10, 11, 12, 13, 15 (with respect to accrued amounts), 16 (data export), 17, 18, 19, 20, 21.
The Platform and the Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Yena disclaims all other warranties, conditions, and representations, whether express, implied, statutory, or otherwise, including (without limitation) any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation.
For AI Features, Yena uses reasonable efforts to ensure that the feature functions substantially in accordance with its documentation and is free from material defects. However, the Client acknowledges that AI Output is generated on a probabilistic or non-deterministic basis and that Yena does not warrant the accuracy, completeness, relevance, or fitness for any purpose of any particular Output.
To the maximum extent permitted by applicable law, Yena shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of business opportunities, loss or corruption of data, reputational harm, or wasted management or staff time, arising out of or in connection with the Agreement, whether in contract, tort (including negligence), or otherwise.
Yena's aggregate liability under or in connection with the Agreement, for any cause whatsoever, shall not exceed the amounts paid by the Client to Yena in the six (6) months preceding the event (or the first event in a series of connected events) giving rise to the claim.
Nothing in the Agreement limits or excludes liability for: (a) willful misconduct or gross negligence; (b) death or personal injury caused by a party's negligence; or (c) any other liability that cannot be limited or excluded under applicable law.
The Client shall defend, indemnify, and hold harmless Yena, its affiliates, and their respective officers, employees, and agents from and against any third-party claims, losses, damages, fines, and reasonable legal fees arising out of or in connection with: (a) the Client's relationship with, communications with, or dealings with candidates, clients, or other third parties; (b) the Client's breach of the Agreement or of applicable law (including GDPR and anti-discrimination law); (c) the content, legality, or accuracy of Client Data; or (d) the use of the Platform, the Services, or any Output by the Client or its End Users in a manner not expressly authorised by the Agreement.
Yena acts as an intermediary for information and data exchanged through the Platform and is not responsible for the content of candidate or third-party submissions, communications, or actions.
Neither party shall be liable for any failure or delay in performing its obligations (other than payment obligations) to the extent such failure or delay results from a Force Majeure event — defined as circumstances beyond the reasonable control of the affected party, including natural disasters, war, armed conflict, terrorism, civil unrest, strikes, labour disputes (other than at the affected party), pandemics, governmental actions, changes in law, internet or telecommunications failures, and failures of upstream hosting, power, or cloud providers.
The affected party shall notify the other party as soon as reasonably possible and use reasonable efforts to prevent, mitigate, and resume performance. Each party shall bear its own costs arising from a Force Majeure event.
The Agreement does not create any joint venture, partnership, agency, franchise, or employment relationship between the parties.
All notices shall be in writing and sent to: SIA "New Tech", Mazā Nometņu iela 31, Rīga, LV-1002, Latvia, and by email to [email protected]. Notices to the Client shall be sent to the postal address or email address last provided to Yena via the Order Form or the Platform.
The Agreement constitutes the entire understanding between the parties and supersedes all prior communications, negotiations, and agreements — whether oral or written — relating to its subject matter.
In the event of conflict, the following order of precedence applies (highest first): (i) any applicable SOW; (ii) the Order Form; (iii) the DPA; (iv) these General Terms; (v) the SLA.
Yena may amend the Agreement with at least thirty (30) calendar days' prior notice to the Client. The Client may terminate the Agreement, by written notice during that notice period, if the amendment is not required by law and materially and adversely affects the Client. Termination in such case takes effect at the end of the notice period.
If any provision of the Agreement is held invalid or unenforceable, the parties shall endeavour in good faith to replace it with a valid provision reflecting the original commercial intent as closely as possible. The remaining provisions shall continue in full force and effect.
Yena may subcontract part or all of its obligations under the Agreement. Yena shall remain fully liable for the acts and omissions of its subcontractors to the same extent as for its own acts and omissions.
The Client may not assign or transfer the Agreement without Yena's prior written consent. Yena may assign or transfer the Agreement (in whole or in part) without the Client's consent, including in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Failure or delay by either party to exercise any right under the Agreement shall not constitute a waiver of that right. A waiver is effective only if made in writing, signed by the waiving party, and specific to the right being waived.
The Agreement is governed by the laws of the Republic of Latvia, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The parties submit to the exclusive jurisdiction of the competent courts of Rīga, Latvia, for all disputes arising out of or in connection with the Agreement.
Yena targets an availability of ninety-nine percent (99%) of the Platform's Production Environment, measured on a calendar-month basis, twenty-four (24) hours per day, seven (7) days per week. The following events are excluded from the availability calculation: (a) unauthorised use of the Platform; (b) issues with the public internet or Client network; (c) Force Majeure; (d) issues caused by Client equipment, Client networks, or third-party systems outside Yena's control; and (e) Scheduled Maintenance.
Yena notifies Scheduled Maintenance at least twenty-four (24) hours in advance by email or in-app notification. Scheduled Maintenance is capped at eight (8) hours per calendar month and is normally performed outside business hours (typically weekends, CET/CEST).
Yena shall use commercially reasonable efforts to respond to and resolve incidents reported via [email protected] or the Platform, with response and resolution times varying by incident severity.
If monthly availability falls below the target, the Client may request, as its sole and exclusive remedy, service credits calculated as a percentage of the fees paid for the affected month:
Claims must be submitted in writing within thirty (30) calendar days after the end of the affected month. Credits may only be applied against future invoices and are not refundable in cash.
SIA "New Tech"
Mazā Nometņu iela 31, Rīga, LV-1002, Latvia
Reg. No. 40203731548 (Komercreģistrs)
Legal: [email protected]
Privacy: [email protected]
Security: [email protected]
See also: Privacy Policy • Security • Compliance Guide