Terms of Service
(hereinafter referred to as the «Agreement»)
Licensor means Huntflow AM LLC (36 Manushyan Street, Arabkir, Yerevan, Armenia), which grants the right of Software use (an ordinary (non-exclusive) license) on the terms stipulated herein.
Licensee means an individual or legal entity that has registered in the form prescribed by the Huntflow Software and to which the Licensor grants the right to use the Huntflow Software specified herein.
Software means a program providing job vacancy management and access to the Huntflow resume database which consists of specialized software designed to run a database of selected Candidates obtained by the Licensee through Third-Party Services or independently from other sources, which is installed on the Licensor’s hardware and software system, and which is accessed through the Website https://huntflow.ai.
Third-Party Services means websites offering resume publication services, including LinkedIn, or containing information about potential Candidates, and other similar services (this list may be unilaterally modified by the Licensor).
Candidate means any person (including users of a Third-Party Service) whose information is posted on Third-Party Services or was independently obtained by the Licensee from other sources.
Personal data means any information related to a natural person (data subject). For example, a surname, e-mail or phone number constitute personal data.
Candidate Database means a set of information about Candidates that is obtained by the Licensee using Third-Party Services or from other sources and is entered into the Software by the Licensee independently.
Account means an account (a structure containing specific data and information that are collectively related to a single computer software element) which is individualized by the account details specified by the Licensee when registering on the Website.
Account Details means the e-mail address and password for accessing the Software provided by the Licensee when registering for the Software on the Website, or other data used by the Licensee to register for the Software (including when registering through Third-Party Services such as LinkedIn and other similar services).
User means an individual who gains access to the Software under the Licensee’s Account. The User gains access to the Software after registering the User Account Details in the Software. The number of Users having the right to access the Software shall be established by agreement between the Parties. The Licensee guarantees that all Users with access to the Software under the Licensee’s Account shall have legally obtained such access. All User actions in the Software using the User Account Details shall be deemed as having been performed on the Licensee’s behalf. Software has several types of users according to their access rights. Types (roles) of users are described below.
- Managing recruiter — the user with the administrative access and the right to add (invite) Recruiters and the Ordering parties, to control access rights of users, manage all settings of the Account: selection stages, resume sources, etc., and also has the right to send requesting notices on behalf of the Licensee, the list such notices stipulated in the Agreement or in another applicable agreement of the Parties.
- Recruiter — the user with the right to add Candidates, to create and work with positions. Licensor has the right of using the Software at the same for number of users with the type of Recruiter under terms of License agreed by the parities.
- Hiring manager — the user with limited rights: right to create the request for the position and track Candidates foe available positions. Number of users with the type of Hiring manager is determined in accordance with the selected Pricing plan. The access of the user with the type of Hiring manager shall not be considered in the calculation of the total number of users."
User Account Details means the e-mail and password for accessing the Software that are provided by the end users of the Licensee’s Account. A User may use his Account Details on one device at a time.
Plan means the combined Licensor-granted non-exclusive rights to use the Software. The Plan details are defined by the current Pricing available on the Website.
Pricing means the Licensor’s pricing policy, the Plan details and the license fee for each Plan. The Licensor will post the current version of the Pricing on the Website.
- Procedure for granting the right to use the Software hereunder
- The Licensor offers the Licensee, after registration in the form proposed by the Software, the right to use the Software for running the Candidate Database obtained by the Licensee through Third-Party Services or independently from other sources. The scope of rights to use the Software and available functionality shall be determined in accordance with the Plan chosen by the Licensee.
- The right to use the Software may be granted to the Licensee on a chargeable or non-chargeable basis.
- This Agreement constitutes an offer under Article 451 of the Civil Code of the Republic of Armenia. The Licensee’s completion of the registration form and consent to the terms of this Agreement by pressing the «Enter» button or a similar button on the Software registration form page constitutes its unconditional acceptance of the terms of this offer.
- This Agreement shall be concluded by acceptance of the offer, shall be valid in electronic form and shall not require signing in the form of a single hard copy document.
- The license agreement may be concluded, inter alia, by the Licensor’s sending of an offer containing the individual terms and conditions and the Licensee’s acceptance of such offer. The Licensee’s performance of any of the following actions (whichever occurs first) shall be deemed to constitute acceptance of such offer:
- the Licensee’s timely payment of an invoice in full;
- the Licensee’s successful registration on the Licensor’s website: completion of the registration form and consent to the Agreement terms by clicking the «Log In» or any other similar button on the Software registration form page;
- performance of other actions specified in the Agreement.
- The Licensor may change the terms of the Agreement and its integral parts without the Licensee’s consent. The Licensor shall notify the Licensee of such changes by posting on the Software the new version of the Agreement or its integral parts which have been changed. The Licensee agrees to independently track the changes in the Agreement on the Licensor’s website.
- For the Software to function correctly, the user terminal device must meet the following requirements:
- device type: IBM PC-compatible PCs, digital mobile devices;
- operating system type and version: Windows, MacOS no older than the two latest versions, for digital mobile devices — iOS, Android no older than the two latest versions;
- browser type and version: Google Chrome, Opera, Mozilla, Yandex.Browser, Apple Safari for MacOS, Microsoft Edge (based on Chromium) — no older than the two latest versions.
- Unless otherwise agreed separately by the Parties, the Licensee may use the Software as follows:
- by remotely accessing the Software via the Internet, including providing its employees or users with remote access to work with the Software;
- uploading Candidate information to the Software and creating its own Candidate Databases;
- managing Candidate information that has been uploaded and processed by the Licensee using the Software, and communicating with Candidates through additional modules connected to the Software;
- using the Software in its business activities without right of resale, hire or transfer of the right to use the Software to any third parties, and without performing any profitmaking actions related to third-party use of the Software, unless otherwise agreed in advance with the Licensor in writing.
- In case of Software failure or errors in Software operation, the Licensee shall send a relevant notification to technical support (e-mail: email@example.com). The Licensor shall process requests received from the Licensee concerning Software errors and/or failure on weekdays (Monday-Friday) during working hours (5 am — 4 pm (UTC)).
- Within twenty (20) days of receiving a relevant request from the Licensee, the Licensor shall provide the technical ability to download the Candidate Database as of the date of receipt of the request in any of the following formats at the Licensee’s option (in cases in accordance with selected Pricing): .json, .pdf, or .doc. The download in .json format must contain the Candidate’s surname, first name, patronymic, work experience and contact details (if available when the Candidate Database was created), history of interaction with the Candidate (results of passing the selection stages, data on transition from one stage to another), and all remarks and comments made by the Licensee. The download in .pdf and .doc formats must contain resumes of the Candidates added to the Candidate Database by the Licensee."
- If the Software use is extended (granting the right to use the Software for a further period), the Licensee shall pay the license fee for the next Software use period no later than five (5) business days before the expiration date of the current license, unless otherwise agreed by the Parties. Should the Licensee fail to meet the payment deadline, the Licensor shall not be liable for any possible interruption in Software access.
- Licensee has the right to request:
- change the fields of application form, positions, additional information, recruitment assessment;
- setting up and connecting to the Software the «Multivacancy» module;
- changing user roles, including assigning a user to the role of «Managing Recruiter», removing a user from the role of «Managing Recruiter»;
- adding reasons for closing, suspending a vacancy;
- ensuring the possibility of unloading the database of Candidates;
- organization of automatic uploading of the Database of candidates in .json format to the SFTP server provided by the Licensee;
- implementing the transfer of data to the Licensee’s Account;
- setting up integrations existing in the Software (including integration of the Software with the Licensee’s career site, integration of the Software with the VCV video interview service);
- connection to the Software of the online request of the Candidate consent module for the processing personal data;
- integration of the Service with SMS for messages to Candidates;
- implementation of a branded offer;
- provision of a test cloud environment for Licensee’s developers secure testing of integrations;
- other actions aimed to increase the functionality, changes in the Licensee’s Account and actions that affect to the structure or procedure for using the Licensee’s Account or the Licensee’s Candidate Database.
The Licensee has the right to request the implementation of the relevant functionality listed in this clause of the Agreement if such functionality is included in the scope of the rights of using the Software under the chosen Pricing. Also, the cost, timing, and procedure for implementing the functionality shall be additional agreed by the Parties.
Requests for the actions specified in this clause of the Agreement shall be considered received from the Licensee and shall be considered compulsory for Licensor, if provided the requests had been sent by the following persons:
- User with the role Managing recruiter;
- Official representative of the Licensee that determined in the License agreement or accepted Offer under terms of this Agreement bellow;
- Licensee that accepted the Offer under terms of this Agreement;
- Official representative of the Licensee who acts under power of attorney.
- For all issues about the Agreement /accepted Offer, including the implementation of the rights provided under cl 1.10. of the Agreement, the Licensee’s official representatives are the persons specified in such Agreement/accepted Offer. Letters and requests sent from the e-mail specified in the Agreement/accepted Offer from Licensee’s official representatives shall be considered official letters and requests. In the case of the request about changing user roles, the notification shall be sent by the official representative of the Licensee within 3 (three) business days prior the intended date of such change.
- Official letters and requests from the Licensee on all issues about of the accepted Offer under this Agreement, including the implementation of the rights provided under cl 1.10. of the Agreement shall be considered letters and requests sent from the e-mail specified when the Offer had been accepted. In the case of the request about changing user roles, such request shall be sent within 3 (three) business days prior the intended date of such change.
- WARRANTY DISCLAIMER
- EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED «AS IS» AND «AS AVAILABLE» AND THE LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING DURING THE COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE LICENSEE ACKNOWLEDGES THAT THE LICENSOR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE LICENSOR IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, APPROPRIATENESS, OR LEGALITY OF DATA, USER POSTS, OR ANY OTHER INFORMATION POSTED BY A USER.
- Use of Personal Data and Third-Party Services
- The Licensee shall independently manage its relationships with Third-Party Services used by the Licensee to receive Candidate information, including independent payment for the use of Third-Party Services.
- The Licensor shall not be liable for the Licensee’s compliance with the rules of using Third-Party Services or the information received by means of Third-Party Services.
- The Licensor shall not be liable for the Licensee’s compliance with the rules and laws on the use of Personal Data, or likewise for the use, distribution, depersonalization, blocking, destruction, search and presentation of Candidate information and other publicly available Personal Data of the Candidate on the basis of Personal Data and information specified in the Candidate’s details.
- The Licensor shall not be responsible for the legality, reliability and relevance of information (including Candidate information) obtained by the Licensee by means of Third-Party Services, or obtained by the Licensee independently from other sources. In case of any third-party claims against the Licensor related to the content of Licensee-posted information or to the legality of receipt and use of such information by the Licensee, the Licensee shall settle such claims itself.
- The Licensor shall not be liable for any improper use of Candidates’ Personal Data if such use occurred as a result of:
- provision by the Licensee of passwords or other information about the Software to third parties who are not registered users of the Software, or to other users who, due to lack of registration with the Software or for other reasons, do not have access to such information;
- breaches of Software data security;
- breaches of the terms and conditions of agreements for use of the Candidate Database by the Licensee or the Licensor’s counterparty;
- interruptions in Software operation, if such interruptions are caused by Software use by third parties other than for the intended purpose;
- technical malfunctions in the software, computer networks and servers that occur through no fault of the Licensor and are beyond the Licensor’s control.
- In the absence or on termination of the Licensee’s access to Third-Party Services, the Licensor shall not be liable for the fact that data cannot be received by means of Third-Party Services or the data previously received by the Licensee by means of Third-Party Services cannot be updated.
- The Licensor is not a representative of the Candidates, the Third-Party Services or other persons who provide Candidate information. The Licensor shall not be liable for the obligations established between the Licensee and the persons referred to in this clause.
- The Licensor shall only process the Licensee’s Personal Data that are entered by the Licensee in the Software. The Licensor shall process the Licensee’s Personal Data by means of the hardware and software tools of the Software.
- The Licensee may not transfer its credentials (password and other data used for registration on the Software) to third parties, in order to avoid unauthorized access to the Software.
- The Licensor may technically block use of the same User Account Details in the event that at the time of using the Account Details of any of the users in the Software another person begins to use it. In this case the Licensor may, without prior notice and at its sole discretion, block the Account Details of such user or the Licensee’s Account as a whole.
- In case of breach of the Agreement or the terms of the Agreement by the Licensee or its users, the Licensor may demand that the breach be rectified, and if the breach is not rectified within the period specified in the demand, the Licensor may block the user’s access to the Software and, in the cases specified herein, terminate this Agreement unilaterally without a court order and without any compensation to the Licensee for its losses, including the amount of royalties paid.
- If the User Account Details are blocked, the Licensee may e-mail a request to unlock the Account to firstname.lastname@example.org giving a detailed description of the circumstances that constituted the basis for blocking the Account Details and the reason for their occurrence. On the basis of this request the Licensor shall make a decision to unblock the Account Details or send a refusal to satisfy the request within 3 (three) business days from the date when the request was received.
- The Licensor shall ensure the security of personal data during their processing in the information system.
- The Software and the Candidate Database are hosted on servers located in the territory of Germany. The Licensee is solely responsible for compliance with applicable laws when the Candidate Database is hosted in the territory of Germany.
- Procedure for payment of the license fee
- The amount and procedure for payment of the license fee shall be determined in accordance with this Agreement and the terms and conditions (Plans) posted at https://huntflow.ai/price, unless otherwise stipulated by a supplemental agreement between the Parties.
- The license fee hereunder shall be paid by wire transfer in the form of a 100% prepayment, unless some other payment procedure is agreed by the Parties.
- Funds transfer shall be made by any of the methods offered on the Website or the Software, including bank transfers by individuals and legal entities.
- Should the Licensee fail to pay the license fee (or part thereof) when due, the Licensor may suspend the Software operation by blocking the Licensee’s account. Access to the Software may be resumed if the Licensee makes appropriate payment to the Licensor.
- Switching to another Plan
The Licensee may access the Software’s advanced functions and expand the existing functions by switching to a more expensive Plan that includes such advanced functions during the term of this Agreement.
The additional license fee for switching to a more expensive Plan shall be calculated as follows:
- The Licensee shall pay the difference between the license fee established by the Plan at the time of switching and the license fee established by the new Plan at the time of switching calculated in proportion to the number of months remaining to License expiration;
- In calculating the license fee, an incomplete licensing month shall be charged as a full month.
- Additional license The Licensee may request that the right of Software use be granted to additional users (an «Additional License») during the term hereof. The Additional License fee shall be stated in the Pricing in effect at the time the Additional License is granted, unless otherwise agreed by the Parties. In calculating the license fee, an incomplete licensing month shall be charged as a full month. The Additional License shall be granted to the Licensee subject to payment of the Additional License fee at the time and in the amount agreed upon by the Parties. If, at the time of the Additional License request, the Licensee is in arrears of payment of the license fee, the Licensor shall have the option not to grant the Licensee an Additional License until the Licensee fully repays its debt and pays the Additional License fee.
- Liability of the Parties
- The Licensee may not use the following items in any way without the Licensor’s prior written permission:
- design and program code of the Software;
- informational, graphic, audio, video, photo and other design and content of the Software made and posted by the Licensor on the Software (including those which are not visible without performing special actions, including unlawful actions.
- The items specified in clause 5.1. above are the intellectual property of the Licensor or other rightholders (where the Licensor uses the items on the basis of agreements with such rightholders). The rights to such intellectual property are not the subject of this Agreement.
- The Licensee shall be solely responsible for its acts/omissions if such acts/omissions result in infringement of the Licensor’s rights or were aimed at infringing the Licensor’s rights to the intellectual property items specified in clause 5.1. above. Should the Licensee fail to abide by the provisions of clause 5.1 above, the Licensor may immediately terminate the Licensee’s access to the Software.
- The Licensor shall not be liable for nonperformance or improper performance of the obligations hereunder, or for possible losses incurred, including, but not limited to, those that result from:
- the Licensee’s unlawful actions aimed at compromising the information security or normal functioning of the Software;
- unauthorized actions by third parties to compromise the information security and normal operation of the Software, if the Licensor was unable to anticipate and prevent such actions and their consequences;
- the absence of, inability to establish, termination of, etc. an Internet connection between the Licensee’s server and the Software server;
- interruptions in the Software operation, if such interruptions are caused by coding errors, computer viruses or other code fragments in the Software program;
- investigations and searches by governmental or municipal authorities, or by other authorized agencies, organizations and individuals;
- a government-established regulatory regime for commercial activities on the Internet that makes it difficult or impossible for the Licensor to fulfill the terms of this Agreement;
- other circumstances due to acts or omissions by the Licensee or other persons that lead to impairment of the overall situation involving use of the Internet and/or computer equipment compared with the situation that pertained at the time the Agreement was entered into.
- The Licensor shall not be responsible for the legality of actions performed by the Licensee in the Software under its Account Details.
- The Licensor shall not be liable for any data loss or damage caused by the Licensee’s failure to follow the rules of Software use set forth herein or the rules of the Third-Party Services use for the Licensee to obtain Candidate information.
- The Licensor shall not be liable for losses incurred by the Licensee as a result of the disclosure of information about the Licensee to third parties which occurred through no fault of the Licensor.
- All actions performed by a person authorized to use the Software under the Licensee’s credentials will be deemed actions performed by that Licensee. The Licensee shall be solely liable for all its own actions performed using the Software, and for all actions performed by other persons making authorized use of the Licensee’s credentials.
- Should the Licensee breach any provisions of this Agreement or applicable law, the Licensor may unilaterally terminate the Agreement extrajudicially by sending the Licensee written notice fifteen (15) days prior to the date of termination of the Agreement without compensating the Licensee for any losses.
- Should the Licensor breach the representations set forth in clause 5.2. above, the Licensee may unilaterally terminate the Agreement extrajudicially by giving the Licensor fifteen (15) days prior written notice without compensation for any losses.
- In case of early termination of the Agreement for reasons not stated in clause 5.10 above, the license fee paid by the Licensee will not be refunded.
- The Licensee may not use the following items in any way without the Licensor’s prior written permission:
- Final provisions
- Any disputes arising between the Licensee and the Licensor shall be settled by means of negotiations. Should the Parties fail to reach an agreement through negotiations, the Parties shall use the claim procedure described in clauses 6.2 to 6.7 below for dispute resolution.
- The Licensee’s claims shall be accepted and considered by the Licensor only if they are in writing and submitted in the manner prescribed by this Agreement and applicable law.
- The Licensee shall send a claim to the Licensor by e-mail to email@example.com.
The Licensee’s claim must contain the following information:
- the substance of the claim;
- the grounds for the claim;
- the Licensee’s Account Details that were used to register for the Software;
- other Licensee data enabling the Licensee to be identified as a business entity.
- The Licensee’s claim must also be sent in writing by regular mail.
- The Licensor shall not consider anonymous claims, claims sent in breach of the prescribed procedure, claims that do not contain any of the information listed in clause 6.3 above, and claims whose content does not enable the Licensee to be identified.
- Subject to compliance with the form of the claim and the terms contained in clause 6.3. above, the Licensor shall consider the claim within ten (10) business days from the date of its receipt by the Licensor and shall send a response to the Licensee’s claim to the e-mail or postal address specified in the claim received by the Licensor from the Licensee.
- If the dispute cannot be resolved through the complaint procedure, it shall be resolved by judicial proceedings in accordance with current laws. The Licensor’s address for correspondence by mail is 36 Manushyan Street, Arabkir, Yerevan, Armenia. The Licensor’s e-mail addresses for technical inquiries is firstname.lastname@example.org.
- Matters not governed by the Agreement shall be resolved according to the laws of the Republic of Armenia.