Terms of Use for Companies

Last Updated: May 19, 2025

Preamble

To ensure legal compliance and to protect both parties, users must explicitly confirm their agreement to these Terms before gaining access to any dashboard features or publishing any job listings. Companies will be prompted to accept these Terms during the registration process via a mandatory checkbox.

These Terms of Use (“Terms”) set forth the legally binding terms and conditions under which companies (“you,” “your,” “Company”) may access and use Flowxtra GmbH’s recruitment platform and associated services (“Flowxtra,” “we,” “us”). By creating an account or otherwise using the platform, you agree to be bound by these Terms, our Privacy Policy, Cookie Policy, Ad Quality Guidelines, and Data Processing Agreement. These documents collectively constitute the User Agreement.

1. About Flowxtra

Flowxtra GmbH is a Vienna-based HR technology company offering an AI-powered recruitment platform designed to simplify and enhance hiring processes. Our platform provides:

Multi-channel job posting
Candidate matching with AI and human oversight
Interview scheduling
Recruitment analytics and dashboards

Flowxtra facilitates the connection between employers and candidates, but does not act as an employment agency nor guarantee hiring outcomes. Final hiring decisions and employment terms are solely determined by the Company.

Registered Office: Wipplingerstraße 20/18, 1010 Wien, Austria
Company Reg. No: FN 650571 y, Handelsgericht Wien

2. Scope of Application

These Terms constitute a legally binding agreement and apply exclusively to companies using Flowxtra for publishing job ads, managing applicants, accessing analytics, or integrating with third-party tools via the platform. Accessing or registering an account constitutes acceptance of these Terms. A separate set of Terms applies to Candidates and API Users.

3. Account Creation and Access

To use the platform, Companies must:

Register with accurate, verifiable business information
Designate authorized representatives
Maintain security of login credentials
Ensure all activity on the account complies with applicable laws

The Company is fully responsible for any action taken by users operating under its account, including employees or agents. Misuse by authorized users will be deemed as misuse by the Company itself. Flowxtra may request identity verification or deny access at its sole discretion.

4. Use of the Platform

Flowxtra grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the platform solely for recruitment purposes in accordance with these Terms. You may use Flowxtra for:

Creating and managing job postings
Receiving and managing candidate applications
Using AI-powered features for sourcing and filtering
Scheduling interviews and messaging applicants
Integrating with advertising and HR software tools

You may not:

Misrepresent job details (title, location, salary)
Request sensitive data from applicants (e.g., financial, biometric)
Use the platform for unlawful, discriminatory, or deceptive practices
Circumvent fair usage policies (e.g., excessive reposting)

Flowxtra is a software provider and does not act as an employment agency or hiring intermediary.

5. Job Posting Guidelines

All job ads must comply with:

Flowxtra’s Ad Quality Guidelines
Anti-discrimination laws (EU Equality Directives, Austrian Gleichbehandlungsgesetz)
Transparency standards (e.g., stating if a role is unpaid, commission-only)

Flowxtra reserves the right to edit, reject, or remove content that violates our standards.

6. Subscription Plans, Billing, and Credits

Companies may choose from free or paid subscription tiers. By subscribing:

You authorize recurring billing via Stripe
You acknowledge that all invoices are issued via SevDesk
You accept the renewal, cancellation, and trial terms specified in your plan

Flowxtra may also offer prepaid credit packages (“Credits”) that can be used to purchase services. Credits:

Are non-refundable and non-transferable
Must be used within 12 months of purchase, unless otherwise stated
Expire automatically after the usage period

Exceptional Refunds: Flowxtra may consider partial refund requests only if the platform experiences a continuous service outage exceeding 48 hours, excluding issues caused by third-party providers or user-side problems. All prices exclude VAT unless otherwise stated. No refunds are issued for partial billing periods.

7. Data Processing and Legal Roles

You acknowledge that:

You act as the Data Controller under GDPR and applicable laws
Flowxtra acts as Data Processor when handling candidate data
Our Data Processing Agreement (DPA) forms part of these Terms

You must:

Obtain all necessary candidate consents
Respect data deletion and retention rights
Ensure lawful basis for all processing activities

8. AI-Powered Matching

Flowxtra uses AI for matching candidates to jobs. However:

All automated decisions are subject to human review
You must not reject or hire candidates based solely on automated scores
Candidates may request manual review in accordance with GDPR Art. 22

9. Intellectual Property and Content Licensing

You retain rights to content you upload but grant Flowxtra a non-exclusive, royalty-free license to:

Use your job postings across our network and our partner job board sites (e.g., Google for Jobs, LinkedIn, Indeed)
Promote your listings on integrated channels (Meta, LinkedIn, TikTok, etc.)
Modify content formatting to suit advertising specifications (e.g., resizing logos, optimizing text)

You agree that Flowxtra may include your company name, logo, or public-facing job postings in its promotional materials, case studies, or website client lists. You may opt out at any time by written notice. Flowxtra retains ownership of the platform’s design, code, and core functionalities.

10. Confidentiality and Platform Integrity

Each party agrees to maintain the confidentiality of proprietary, non-public, or commercially sensitive information disclosed in the course of using the platform. Public or independently developed information is not subject to this duty.

You must not:

Reverse-engineer or replicate platform features
Share internal candidate data with unauthorized third parties
Use tracking scripts or scrape user data

Flowxtra implements industry-standard technical and organizational security measures, audited periodically.

11. Termination and Suspension

Flowxtra may suspend or terminate your account if you:

Violate these Terms
Engage in abusive, fraudulent, or unethical recruiting practices
Misuse data, impersonate another entity, or breach local labor laws

You may cancel your subscription at any time via your dashboard. Cancellation becomes effective at the end of the current billing cycle. Deleting your account does not void unpaid subscription fees.

12. Limitation of Liability

Flowxtra is not liable for:

Hiring outcomes
Candidate behavior
Temporary downtime or third-party integration issues
Inaccuracies or delays in content published by Companies
Compliance with employment or labor laws applicable to the hiring process initiated through the platform

To the fullest extent permitted by Austrian and EU law, Flowxtra’s liability is limited to gross negligence or willful misconduct. Flowxtra disclaims all liability for indirect, incidental, consequential, or punitive damages, including loss of profits, goodwill, data, or anticipated savings, even if advised of their possibility.

You agree to indemnify and hold Flowxtra harmless from any third-party claims, legal actions, losses, damages, or liabilities (including reasonable legal fees) arising from:

Breach of these Terms by the Company or its users
Unlawful or negligent use of the Services
Any content uploaded by the Company that violates laws or third-party rights
Failure to comply with data protection or labor regulations in any jurisdiction

13. Governing Law and Dispute Resolution

These Terms are governed by:

Austrian Law
Jurisdiction: Handelsgericht Wien

You agree to attempt amicable resolution before pursuing legal claims. Flowxtra may offer to use the EU Online Dispute Resolution (ODR) mechanism under Regulation (EU) No 524/2013 before court action is initiated.

14. Miscellaneous

Notices: Official communications must be submitted in writing to info@flowxtra.com or through the designated dashboard.
Assignment: You may not assign or transfer your rights under these Terms without Flowxtra’s prior written consent.
Severability: If any provision is deemed invalid or unenforceable, the remaining provisions will remain in effect.
Precedence: In the event of discrepancies between translations, the German version shall prevail.
Force Majeure: Flowxtra shall not be held liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, power outages, strikes, civil unrest, war, or cyberattacks.
Disclaimer of Warranties: The platform and its services are provided “as is” and “as available” without warranties of any kind.
Acceptable Use Policy: Companies must not use the platform for unlawful, fraudulent, harassing, or harmful activities.
Modification of Terms: Flowxtra may modify these Terms with 30 days prior notice. Continued use implies acceptance.
Termination Rights: Flowxtra may suspend access immediately for violations. Accrued obligations remain enforceable.
Export Control and Sanctions Compliance: You confirm you are not located in a sanctioned country and will comply with export laws.
Relationship of the Parties: Nothing in these Terms shall be construed as creating a joint venture, employment, agency, or partnership relationship between the parties. Flowxtra is a software provider and does not act as an employment agency or hiring intermediary.

15. Contact Information

Flowxtra GmbH
Wipplingerstraße 20/18, 1010 Wien, Austria
Email: info@flowxtra.com
Phone: (+43) 676 905 4441
https://partners.flowxtra.com

By using Flowxtra, you acknowledge that you have read, understood, and agreed to these Terms.