These Terms and Conditions (“Terms”) govern the use of the xpath.pro Service, whether used in conjunction with other services (such as xpath.global marketplace) or independently.
a) This document outlines the terms and conditions for utilizing the xpath.pro Service and xpath.global marketplace (“Terms and Conditions for the Use of xpath.pro Service and xpath.global marketplace”).
b) For the purposes of these Terms and Conditions:
“xpath.pro service” is a specialized B2B software service for the management of global mobility. It refers to a case management system, also known as the Expatriate Resource Management (ERM) platform. This is available either in conjunction with other services, such as xpath.global marketplace, or independently.
“Technology Provider” or “xpath.global” refers to xpath.global SRL, a limited company registered in Romania with registration number J40/9812/2007, VAT registration code RO21775247, and offices located at Intrarea Solzilor 15, Office 5, Second Floor, Bucharest, Romania, European Union, and correspondence address at 6 Maior Gheorghe Sontu, 2nd floor, district 1, Bucharest, Romania.
“Provider” refers to any global mobility service provider listed on the marketplace that could engage in a contract for service delivery with the Beneficiary.
“xpath.global marketplace” is a global mobility service marketplace comprising of immigration and visa, tax or social security, employer of record, relocation and moving services from vetted Providers in 183 countries.
“Platform” refers to the suit of tech tools made of xpath.pro case management system and xpath.global marketplace.
“Beneficiary” refers to any legal entity that creates an account with xpath.pro or intends to use or uses the Service in any manner.
c) By registering, the Beneficiary fully and unconditionally accepts the provisions of these xpath.pro and xpath.global Terms and Conditions and agrees to use the Service in compliance with these terms. This includes the use of the service during a Trial period or a Demo version. The Beneficiary creating an account on the platform, acknowledges and accepts that using their account and accessing the xpath.pro and xpath.global Service, or any of its components constitutes complete and unconditional acceptance of these Terms and Conditions. Non-acceptance by the Beneficiary of the mentioned Terms and Conditions obliges them to cease access to the service.
d) The Beneficiary agrees to provide valid, accurate, reliable, and correct data and information when registering, accessing, and using the platform, to enable the provision or utilization of services through xpath.pro and xpath.global marketplace.
e) The Beneficiary understands and accepts that any violation of the provisions of these Terms and Conditions, to any extent, may result in the Technology Provider, at its sole discretion, choosing to fully or partially suspend the Beneficiary’s access to xpath.pro and xpath.global marketplace, permanently banning access to one or more facilities offered by the platform, or canceling the Beneficiary’s account, without prior notice and without requiring any other formalities.
f) Due to the inherent nature of Technology Provider’s services, they are exclusively offered in a B2B format, catering solely to businesses and their employees.
g) The customer data of the Beneficiary is securely stored on the platform server. All personal data submitted or used by Beneficiaries on the platform will be processed in accordance with Annex 1 – Data Processing Annex. The Technology Provider will not, under any circumstances, engage in selling, contacting, marketing to, misappropriating, or sharing the Beneficiary’s data with any third party, unless explicitly permitted by the Beneficiary.
2. Specific terms regarding the use of the specific Technology Provider Services
a) The Beneficiary can access the Technology Provider services by initiating usage of the Platform.
b) The xpath.pro service permits the utilization of the Expatriate Resource Management system based on the Package selected by the Beneficiary, as outlined in the public list available at xpath.pro Pricing https://xpath.global/hr-global-mobility/pricing/ .
c) For the use of xpath.pro services, certain information (including personal data) may need to be uploaded or imported by the Beneficiary. In all such cases, the Technology Provider does not interfere with the content of the data. The Beneficiary holds full responsibility for the content of the data it provides, including sending data to employees and other Providers it may be utilizing.
d) The Technology Provider may publish anonymized data, or case studies from Beneficiary’s accounts without their explicit consent, unless they object to such usage in writing.
e) The Technology Provider may use statistical data derived from Beneficiary’s accounts to enhance its services or create internal benchmarks. This may also be used for public presentations, presenting only aggregated data that cannot be linked to specific Beneficiaries, in line with GDPR policy.
f) The Technology Provider may use the logos of companies utilizing the Platform, unless objected to in writing by the respective companies, to display the current list of clients.
g) The Beneficiary is responsible for maintaining the confidentiality of usernames and passwords that provide access to the Platform. This includes accounts the Beneficiary has authorized for use. The Beneficiary must promptly notify the Technology Provider of any unauthorized account usage. The Technology Provider is not liable for losses resulting from stolen or compromised passwords due to the Beneficiary’s negligence. The Technology Provider does not have access to current passwords and, for security reasons, can only reset them.
h) The Beneficiary is solely responsible for granting access and providing credentials (e.g., API keys) to other companies where it holds an account, allowing the Technology Provider to transmit selected data from its account to these companies.
i) The Technology Provider lacks knowledge of the internal workings of the Beneficiary’s organization or personal relationships, therefore it does not arbitrate disputes regarding account ownership. Account ownership determination by the Technology Provider is based on the account’s content, relying on listed contact information if multiple individuals or entities are identified in the content.
j) The Beneficiary represents and warrants that its use of the platform will comply with all applicable laws and regulations.
k) The Technology Provider may offer a free trial version for specific durations, with selected service features available. This offer is typically valid for new clients and may be withdrawn by the Technology Provider for any reason. It may be presented on a public webpage or as a personalized offer to selected Beneficiaries.
l) The Provider may offer Demo accounts at no cost to relevant Beneficiaries. All data imported into these accounts is fictitious and presented for informational purposes, illustrating the benefits of the platform.
m) The prices of the platform services are accessible on the company webpage https://xpath.global/hr-global-mobility/pricing/ or will be outlined in a personalized offer to the Beneficiary. These prices do not include specific local taxes (e.g., VAT or GST), unless specified. Such taxes may be added during checkout, depending on the Beneficiary’s location and the relevant tax regime.
n) The Beneficiary is required to make advance payments for the Platform services. The Technology Provider will issue the payment reminder via the services provider Stripe, in line with the contractual agreement. Failure to confirm payment within 30 days to the Technology Provider will result in an automatic suspension of access to the platform and associated services. Access will be reinstated upon successful payment.
o) The Technology Provider will promptly issue invoices after payment is received.
p) The Beneficiary is solely responsible for managing its ERM account on xpath.pro. This includes creating new users with varying access rights to its account or sending invitations granting access to its ERM account.
q) Certain features of the xpath.pro service may be provided by external Providers, if indicated, with the complete list available in the Beneficiary’s account. In such cases, liability for these features rests exclusively with these Providers. If these features do not function as intended, the Beneficiary must contact the Provider to verify and rectify them as needed.
3. Intellectual Property Rights
a) The software enabling the provision of the xpath.pro and xpath.global marketplace service, along with the content and graphical elements of the platform, are the property of the Technology Provider and its partners. These elements are protected by global copyright and intellectual property legislation. If certain features are provided by external Partner Providers, their specific licenses are stated in the Beneficiary’s account.
b) Notwithstanding the preceding provisions, the Technology Provider or its partner Providers do not claim ownership of materials for which another right holder is indicated on the platform, or of information provided by Beneficiaries, either directly or through invitations granted to access their account.
c) The Beneficiary is required to comply with all copyright and other intellectual property rights held by the Technology Provider and its partners concerning the platform, its content, or any module or component thereof, or in connection with their use.
d) Copying, replicating, reproducing, publishing, transmitting, selling, distributing (in full or in part, or in modified form) the content of the Platform or any part thereof, for purposes other than professional use or those expressly indicated by the Technology Provider, is prohibited.
e) The Technology Provider reserves the right to take legal action against any individual and/or entity that violates the aforementioned provisions.
f) Any Beneficiary uploading or transmitting information or materials to the Platform agrees not to infringe upon the copyright, intellectual property rights, or any other rights that a third party may assert over materials and information sent to the platform. The breach of this obligation does not hold the Technology Provider liable in any way.
4. Personal Data
4.1 Processing of Personal Data as a Data Processor
In accordance with the European Union legal framework on data protection (GDPR), the Technology Provider acts as a data processor or a data sub-processor, processing the personal data of the Beneficiary (which may act as a data controller or data processor, respectively). Detailed information regarding data processing aspects can be found in a specific data processing
contract based on Article 28 of the GDPR, available as the Data Processing Annex – Annex 1 for these Terms and Conditions, and accessible in the Beneficiary’s account.
4.2. Processing of Personal Data as a Data Controller
a) Please note that services provided by the Technology Provider are exclusively Business to Business (B2B). However, we may collect personal data as contacts of our Beneficiaries.
b) Comprehensive information regarding the processing of personal data for the Technology Provider business contacts is available here. https://xpath.global/terms-of-use-privacy-policy/
5. Limitation of Liability
a) The Beneficiary acknowledges full liability for the content of data submitted and the consequences arising from the use of the platform, considering that the Technology Provider offers an ERM service for data management, analysis, and presentation, without monitoring or verifying any information uploaded by its customers.
b) In no circumstances shall the Technology Provider be held liable to the Beneficiary in relation to the Services for any amount exceeding the actual payments made by the Beneficiary to the Technology Provider.
c) By utilizing the platform, the Beneficiary affirms its right to process the data through the platform, having complied with all relevant personal data legislation. The Beneficiary agrees that this data will be processed in accordance with the Data Processing Annex.
d) The Technology Provider does not guarantee, explicitly or implicitly, the services rendered, and assumes no obligations. The Technology Provider will make reasonable efforts to ensure the provision of Services and will endeavor to rectify errors and omissions promptly.
e) The Technology Provider does not offer any guarantees and disclaims responsibility for the results of Services rendered at the request of the Beneficiary or for information made available through the platform by the Beneficiary. In no circumstance can the Technology Provider be held liable for any loss or damage resulting from the use of the platform, the Services, or the inability to use them, regardless of the cause, or from the misinterpretation of any provision of the platform.
f) The Beneficiary comprehends and accepts that the Technology Provider offers a service Platform to Beneficiaries. All services and facilities related to the use of the platform, as well as all data and information contained therein, are provided “as is” and “as available”. Beneficiaries use them at their own risk. The Beneficiary understands and accepts that the provision of the Service may be affected by certain objective conditions. Consequently, the Technology Provider cannot be held liable for any information and data included in the content of the platform or received from Beneficiaries, including but not limited to those regarding offers, services, data, and information related to the use of the Services, or any other activity regarding the use and access of the Services and/or of platform, as well as any other legal effect deriving therefrom.
g) The Beneficiary understands and accepts that the Technology Provider is exempt from any liability in the event of any stoppage, interruption, hindrance, malfunctions, or errors in the operation of the platform, in case of technical failures of any kind, or any errors in the provision of the service, unless it is conclusively proven that any errors or technical problems of the above are directly and exclusively due to the serious fault of the Technology Provider.
h) Expressly, the Beneficiary understands and accepts that the Technology Provider is exempt from any liability for any direct or indirect damage, including but not limited to loss of profits, commercial venue, or other intangible losses, resulting from the use of the Platform or any other aspect in connection with the services and use of xpath.pro and xpath.global marketplace in any way, or any legal consequences deriving therefrom.
i) In cases of force majeure, the Technology Provider and/or its operators, directors, employees, branches, subsidiaries, and representatives shall be entirely exempt from liability. Force majeure cases include, but are not limited to, errors in the operation of technical equipment of the company, non-functioning of the internet connection, denial of service attacks, non-functioning of telephone connections, computer viruses, hacking attacks of any type, interference with any malicious software, unauthorized access to the platform, operational errors, or strikes.
j) The Beneficiary agrees to protect, insure, and fully indemnify the Technology Provider and/or its operators, directors, employees, branches, subsidiaries, and representatives against any demands, claims, actions, charges, losses, damages, costs (including but not limited to attorney’s fees, fees for experts and consultants or executors, legal fees, notary or performance fees), costs, judgments, decisions, fines, regulations, or other obligations arising from or related to any action of the Beneficiary in connection with the use of the platform or any other matter in connection with the Services.
6. Duration and termination
a) These Terms and Conditions become effective upon initiation of platform usage or upon acceptance by the Beneficiary and remain in effect indefinitely.
b) The contractual relationship between the Technology Provider and the Beneficiary under these Terms and Conditions may be terminated:
•by mutual written consent of both Parties;
•by the Technology Provider if the Beneficiary fails to maintain an active account and does not pay for the contracted services within a maximum of 30 days, as stipulated by Article 2 of these Terms and Conditions;
•by termination initiated by either Party, at the expiry of the 30-day term from the notification date, based on a written notice sent to the other Parties without any other formality, or the intervention of the court of law if either Party breaches any of the obligations stipulated in the Terms and Conditions and fails to remedy the breach within the specified notification period;
•by unilateral termination by the Beneficiary, in compliance with a written notice via email, confirmed by receipt, to firstname.lastname@example.org, with a 60 (sixty)-day notice. In this case, the Beneficiary cannot request damages, compensations, or other financial actions to terminate the contractual relationship.
c) Termination of the contractual relationships, irrespective of the method, does not affect the outstanding obligations between the Parties.
7. Governing Law Disputes
Rights and obligations of the Beneficiary and of the Technology Provider, as outlined in these Terms and Conditions, and all legal effects arising from these Terms and Conditions, shall be construed and governed in accordance with Romanian law. The applicable law for relations arising between the Technology Provider and the Beneficiary/other party is Romanian law. The law applicable to any dispute or effect arising from the Service or accessing xpath.pro or xpath.global marketplace is Romanian law. Any dispute or claim arising from these Terms and Conditions will be resolved by mutual agreement. In the event that it cannot be resolved by mutual agreement within 30 days from the first notification, the dispute arising out of or in connection with these Terms and Conditions will be settled by an independent arbitrator selected by both parties. If the parties cannot agree on appointing an independent arbitrator within 14 days, the dispute will be settled by the competent court in Bucharest, Romania.
8. Amendment to Terms and Conditions
The Technology Provider reserves the right to amend any provision of these Terms and Conditions at any time and in any manner, without prior notice, and without the need to fulfill any additional formalities before Beneficiaries. The Technology Provider will notify the Beneficiary of the updated Terms and Conditions. Any amendment shall be deemed fully accepted by all Beneficiaries through their use or access to the the platform or use of the Services, occurring at any time after the amendment has been implemented. Non-acceptance of any change obliges the respective Beneficiary to immediately cease accessing the platform and/or using the Service in any way.
The present Terms and Conditions must be construed and understood in connection with its appendices:
Annex 1 – Data Processing
These Terms and Conditions – Version 1.0 were published by the Technology Provider on its service on 1st September 2021 and are accessible on the platform, upon sign up.