Terms of Service

1. Acceptance of Terms

1.1 Agreement

These Terms of Service ("Terms"), together with FlowHire's Privacy Policy, constitute a legally binding agreement between you ("User," "Client," "Customer," or "you") and NAHC Limited, a company incorporated in Hong Kong, operating FlowHire (the "Company,","FlowHire", "we," "us," or "our").

1.2 Your Acceptance

By accessing, registering for, using, or attempting to use the Service (as defined below), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you do not have our permission to use the Service. You also acknowledge that you have read and understood how your personal information will be collected, used, and shared, as set forth in our Privacy Notice available at Privacy Policy.

1.3 Authority

If you are accepting these Terms on behalf of a corporation, recruitment agency, or other entity, you represent and warrant that:

• You are duly authorized to accept these Terms on such entity's behalf
• The entity has full power and authority to enter into these Terms and perform its obligations
• The entity will be bound by these Terms

1.4 Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this requirement.

2. Definitions

Account: Your personal or organizational user interface on the Service, accessed by entering login credentials.

Candidate Data: Personal information of job candidates submitted to FlowHire by Client, including resumes, interview notes, conversation data, and related recruitment information.

Client: A recruitment agency, individual recruiter, or other organization and individual that registers for and uses the Service.

Client User Data: Information about personnel at a Client organization using the Service, including contact information, account credentials, and subscription details.

Content: All information, data, materials, documents, candidate profiles, resumes, assessment data, communications, and other materials provided by Users through the Service.

End User: An individual designated by a Client to access and use the Service under the Client's account.

Intellectual Property Rights (IP Rights): All intellectual property and ancillary rights, including copyrights, trademark rights, patent rights, design rights, database rights, and trade secrets.

Authorized User: An individual designated by a Client to use the Service on the Client's behalf.

Service: The FlowHire recruitment platform and related services, including website, mobile applications, and software.

User: Any individual accessing or using the Service, including Clients, End Users, Authorized Users, and Candidates.

User Content: Including but not limited to all content, data, and materials provided or uploaded by Users, including Candidate Data, Client User Data, communications, and feedback.

3. Service Description

3.1 Platform Overview

FlowHire enables recruiters or recruitment agencies to convert conversational information to structured retrievable data, allowing them to generate insights from it through AI capabilities.

3.2 Core Functionality

The Service includes:

• Candidate profile management
• Meeting recording and document generation tools
• Reporting and analytics features
• Integration with supported third-party services
• Administrative and billing management

3.3 Service Provision

The Company will provide the Service with reasonable care and in accordance with generally accepted industry standards. However:

• The Service is provided "as is" and "as available"
• The Company makes no guarantee of uninterrupted availability or error-free operation
• The Company reserves the right to update, modify, suspend, or discontinue features without prior notice (except where legally required)
• The Company will use reasonable efforts to notify Users of scheduled maintenance or significant service disruptions

3.4 Service Updates

The Company may, at its sole discretion:

• Update the Service with new features or enhancements
• Modify existing features or functionality
• Replace, limit, or terminate features
• Update the look, feel, or user interface

Such updates are provided without additional compensation to Users.

4. User Eligibility and Registration

4.1 Registration Requirements

To access most features of the Service, you must register for an Account. During registration, you may be required to provide:

• Your name, job title, company name
• Email address and phone number
• Business address and other contact information
• Payment information (for paid subscriptions)

4.2 Accuracy and Updates

You represent and warrant that:

• All information you provide is accurate, current, and complete
• You will maintain and update your information as necessary to keep it accurate
• You have all necessary rights and approvals to provide the requested information

4.3 Authorized Users

Clients may designate Authorized Users (employees, contractors, or team members) to access the Service under their Account. Clients are responsible for:

• Identifying and authenticating all Authorized Users
• Granting appropriate access permissions and levels
• Managing and restricting access as needed
• Ensuring compliance by Authorized Users with these Terms
• All activities conducted by Authorized Users under the Client's Account

4.4 Account Responsibility

You are responsible for:

• Maintaining the confidentiality of your login credentials (username and password)
• Notifying the Company immediately if you believe your Account has been compromised
• All activity that occurs under your Account

5. Account Security and Responsibilities

5.1 Credentials

You agree to:

• Protect your username and password with appropriate security measures
• Not share your credentials with third parties
• Not permit unauthorized access to your Account

5.2 Unauthorized Access

The Company is not liable for:

• Unauthorized access to your Account
• Misuse of your credentials
• Loss or disclosure of information due to unauthorized access

You must immediately notify the Company at info@flowhire.ai if you suspect unauthorized access.

5.3 Account Termination

The Company may, at its sole discretion and without liability:

• Suspend or terminate your Account if you violate these Terms
• Block access to your Account without prior notice if necessary
• Terminate your Account after providing notice if inactive for an extended period

If your Account is terminated, you may lose access to your data, content, and functionality. Upon termination, you continue to be bound by these Terms.

5.4 Email Address Ownership

If your Account email address is owned by a Client organization and was assigned to you as an employee, contractor, or member of that organization, you acknowledge and agree that:

• The Company may identify your Account to the organization
• The organization may control or remove your Account access
• The organization may migrate your Account to their central account
• The Company has no liability for such actions

6. Fees and Payment

6.1 Pricing

Clients are responsible for paying applicable fees as specified:

• On the Website or pricing page
• In the Order Form or Service Agreement
• During the subscription process

Depending on your region, fees may be inclusive or exclusive of transactional taxes where relevant (like VAT and GST), as reflected in the pricing plan. The Client is responsible for all taxes.

6.2 Non-Refundable Service

The Service is provided on a non-refundable basis. The Company will not provide:

• Refunds or credits for partially used periods
• Refunds for unused Service features
• Refunds for unauthorized Account use

6.3 Fee Changes

The Company reserves the right to change fees or charges:

• For ongoing subscriptions: with 30 calendar days' advance notice (changes take effect at the next billing period)
• For new subscriptions or upgrades: effective immediately upon acceptance
• Existing Clients may terminate their subscription within 30 calendar days of a material fee increase if they do not accept the new pricing

6.4 Payment Methods and Billing

6.4.1 Subscription Billing

If you purchase a Subscription Service:

• You authorize the Company to charge your payment method (credit card, bank account, etc.)
• Charges are billed in advance for the entire subscription period (monthly or annual)
• Your subscription will automatically renew for the same period unless cancelled

6.4.2 Payment Methods

The Company accepts:

• Credit cards (Visa, Mastercard, American Express, etc.)
• Bank transfers or ACH payments (for Enterprise clients)
• Other payment methods specified during checkout

6.4.3 Billing Cycles

• Monthly subscriptions renew on the same day each month
• Annual subscriptions renew on the anniversary date each year

6.5 Invoice Payments

For Enterprise clients or special arrangements, the Company may issue invoices. Invoice payments are due within 30 calendar days of the invoice date.

6.6 Late Payments and Delinquent Accounts

If payment is not received by the due date:

• The Company may charge interest on unpaid amounts
• The Company may suspend or terminate access to the Service
• The Company may refer the debt to collection
• You are responsible for all collection costs, including legal fees

6.7 Billing Disputes

Billing inquiries or disputes must be reported within 60 calendar days of the invoice or billing statement. After 60 calendar days, the Company will not investigate or adjust billing disputes.

6.8 Cancellation

You may cancel your subscription:

• Through your Account settings
• By contacting info@flowhire.ai
• Cancellation takes effect at the end of the current billing period
• You will not receive a refund for the current billing period

7. License Grant and Restrictions

7.1 Limited License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to:

• Access and use the Service for the permitted purposes
• Download, install and use any applications for personal use on devices you own or control
• Use the Service during the subscription period

7.2 License Restrictions

You may not perform the following acts, including but not limited to:

• Reproduce, duplicate, or copy the Service or its content
• Distribute, publicly display, or perform the Service
• Modify, adapt, or create derivative works based on the Service
• Reverse engineer, decompile, or disassemble the Service
• Circumvent or disable any features, security measures, or access controls
• Sublicense, resell, rent, lease, or time-share the Service
• Remove any proprietary notices, labels, marks, or restrictions
• Use the Service in any manner not expressly authorized by the Company

7.3 Commercial Restrictions

The Service is licensed for your internal business use only. You may not perform the following acts, including but not limited to:

• Use the Service for the benefit of any third party
• Provide the Service as a value-added component of a commercial offering
• Use the Service to provide recruitment services to other organizations
• Permit third parties to access the Service without authorization

7.4 Feedback

If you provide feedback, suggestions, ideas, or comments regarding the Service ("Feedback"), you hereby grant the Company a non-exclusive, royalty-free, irrevocable, perpetual right to use and incorporate such Feedback in the Service and any other products or services, without obligation to compensate you or seek additional permission.

8. User Content and Data

8.1 Ownership of User Content

As between you and the Company, you retain all ownership rights to User Content that you provide, upload, or submit to the Service, including:

• Candidate profiles and resumes
• Meeting data and evaluation notes
• Client communications and documents
• Any other data or materials you upload

However, the Company retains ownership of, including but not limited to:

• Aggregated and anonymized data derived from User Content
• Statistical analytics and usage data
• Improvements or enhancements made to the Service

8.2 License Grant to the Company

By providing User Content to the Service, you grant the Company a worldwide, non-exclusive, royalty-free, fully-paid license to:

• Store, host, and transmit your User Content
• Process, analyze, and generate reports from User Content
• Use User Content to provide and improve the Service
• Train and improve algorithms and analytics
• Comply with legal obligations
• Display User Content within your Account and to authorized users

8.3 User Content Responsibility

You are solely responsible for:

• The accuracy, quality, and integrity of all User Content
• Obtaining all necessary consents and permissions for User Content
• Ensuring User Content complies with applicable laws
• Ensuring User Content does not infringe third-party rights
• Ensuring you have the legal right to provide User Content to the Company

8.4 User Content Representations

By uploading or providing User Content, you represent and warrant that:

• You own or have valid rights to all User Content
• User Content is accurate, complete, and lawful
• User Content does not infringe any third-party intellectual property or privacy rights
• User Content does not violate any laws or regulations
• You have obtained all necessary consents from individuals whose personal information is included in User Content

8.5 Permitted Sharing of User Content

Subject to applicable law and confidentiality obligations, you may:

• Share Candidate Data with third parties (hiring companies, background check providers, etc.) as part of the recruitment process
• Permit Authorized Users to access your Account and User Content
• Export or download User Content

8.6 Data Retention and Deletion

• The Company retains User Content for as long as necessary to provide the Service
• Upon Account termination, User Content may be retained for a limited period (typically 30 calendar days) for backup and archival purposes
• Once User Content is deleted, the Company has no obligation to recover or restore deleted User Content

8.7 Candidate Consent

For Candidate Data:

• You represent that you have obtained all necessary consents from candidates for processing and use of their data
• You are responsible for providing privacy notices to candidates as required by law
• You acknowledge that candidates may exercise their rights under applicable privacy laws

9. Intellectual Property Rights

9.1 Company IP Ownership

All intellectual property in the Service, including:

• Source code and object code
• Algorithms and technology
• Graphics, design, and user interface
• Logos, trademarks, and branding
• Documentation and support materials

remain the exclusive property of the Company or its licensors. The Company retains all rights not expressly granted in these Terms.

9.2 No Implied Rights

These Terms do not grant you any ownership or IP rights in the Service. You have only the limited license described in Section 7.

9.3 Aggregated Data

The Company may perform the following acts, including but not limited to:

• Collect usage data, activity patterns, and service performance metrics
• Create aggregated and anonymized reports and statistics
• Use such data for analytics, benchmarking, product improvement, and business purposes
• Share aggregated data with third parties
• Such data cannot identify you or your organization

You acknowledge that the Company owns all IP rights in aggregated data.

9.4 Trademarks

FlowHire, the FlowHire logo, and other marks are trademarks of NAHC Limited. You may not use these trademarks without prior written permission.

10. Acceptable Use Policy

10.1 Prohibited Uses

You agree NOT to use the Service for:

Illegal Activities, including but not limited to:

• Any purpose that violates local, state, national, or international law
• Fraud, forgery, or misrepresentation
• Money laundering or other financial crimes
• Discrimination in hiring or recruitment

Harmful Content, including but not limited to:

• Uploading or distributing viruses, malware, or malicious code
• Uploading or storing harassing, threatening, defamatory, or obscene content
• Creating false identities or impersonating others
• Posting content that is racist, discriminatory, or hateful

Service Abuse, including but not limited to:

• Attempting unauthorized access to the Service or accounts
• Interfering with Service operation or other users' access
• Using automated tools, bots, or scraping
• Overloading or attempting to damage the Service infrastructure

Data Misuse, including but not limited to:

• Collecting personal information about users without consent
• Violating candidates' privacy or rights
• Using Service data for purposes other than recruitment
• Sharing access credentials with unauthorized parties

Third-Party Rights Violations, including but not limited to:

• Uploading content that infringes copyrights or intellectual property
• Violating third-party privacy or publicity rights
• Breaching confidentiality agreements

10.2 Monitoring and Enforcement

The Company reserves the right, including but not limited to:

• Monitor Account activity to detect prohibited uses
• Investigate suspected violations of these Terms
• Suspend or terminate access for violations
• Remove or block prohibited content
• Report illegal activity to authorities

10.3 Consequences of Violation

Violations of the Acceptable Use Policy may result in:

• Suspension or termination of your Account
• Loss of access to your data
• Forfeiture of fees paid
• Legal action and liability for damages

11. Confidentiality

11.1 Confidential Information

"Confidential Information" means information disclosed by one party to the other that is marked as confidential or should reasonably be understood to be confidential, including but not limited to:

• Business plans and strategies
• Technical information and trade secrets
• Financial data and pricing
• Customer information
• Proprietary processes and know-how

11.2 Obligations

The receiving party agrees to:

• Keep Confidential Information confidential
• Use Confidential Information only for purposes authorized by these Terms
• Protect Confidential Information with reasonable care
• Limit access to employees and contractors with a need to know

11.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach by the receiving party
• Was known to the receiving party prior to disclosure without breach of any obligation
• Is independently developed by the receiving party without reference to the other party's Confidential Information
• Is received from a third party without breach of any confidentiality obligation

11.4 Permitted Disclosures

The Company may disclose Confidential Information when required by law, court order, or government authority, provided it:

• Provides prior notice to allow the disclosing party to contest the disclosure
• Discloses only the minimum information required
• Cooperates with efforts to obtain protective orders

12. Disclaimers and Warranties

12.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

The Company disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement
• Warranties of accuracy, completeness, timeliness, or reliability of the Service or Content
• Warranties of security, non-interruption, or error-free operation
• Warranties regarding uninterrupted access or freedom from viruses or harmful code

12.2 No Guarantee of Results

The Company does not warrant that:

• The Service will meet your specific needs or expectations
• The Service will produce desired recruitment or hiring outcomes
• The Service will identify the best candidates
• User Content or reports will be accurate or complete

12.3 Data Storage and Security

The Company does not warrant that:

• User Content will be permanently stored or protected
• User Content will not be lost due to technical failures
• User Content will not be accessed by unauthorized parties
• Backups or disaster recovery will restore all lost data
• Data security will never be breached

12.4 Third-Party Services

The Company disclaims all liability for:

• Third-party services, applications, or integrations
• Third-party content or tools
• Performance, reliability, or security of third-party services
• Your use of third-party services

12.5 AI and Machine Learning

If the Service includes AI-powered or machine learning features, you acknowledge and agree that:

• AI outputs may be inaccurate, incomplete, or inappropriate
• You are responsible for reviewing and validating AI-generated content
• AI should not be the sole basis for hiring or employment decisions
• The Company makes no warranty regarding AI accuracy or suitability
• Use of AI features is at your own risk

12.6 No Support Obligation

The Company is under no obligation to provide support or maintenance services. Support, if provided, is at the Company's sole discretion.

13. Limitation of Liability

13.1 Exclusion of Damages

EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data, content, or information
• Loss of goodwill or reputation
• Business interruption or downtime
• Any other damages that are not direct damages

Such exclusion applies regardless of the legal theory (contract, tort, warranty, negligence, etc.) and whether or not the Company has been advised of the possibility of such damages.

13.2 Cap on Liability

EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The fees paid by you to the Company in the 12 months preceding the event giving rise to the claim; or
• One Hundred Hong Kong Dollars (HK$100) or equivalent in your local currency

13.3 No Liability for Force Majeure

The Company shall not be liable for failures or delays caused by including, but not limited to:

• Acts of God or natural disasters
• Wars, terrorism, or civil unrest
• Government actions or sanctions
• Internet or telecommunications failures
• Power outages
• Third-party service failures
• Other causes beyond the Company's reasonable control

13.4 Essential Element

You acknowledge that the limitations in this Section are an essential element of the bargain and that the Company would not provide the Service at the stated rates without these limitations.

14. Indemnification

14.1 Indemnification by User

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and service providers (the "Company Parties") from any and all:

• Claims, demands, and damages
• Liabilities and costs (including reasonable attorneys' fees)
• Expenses and court costs

arising from or related to:

• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Your User Content (including Candidate Data)
• Your use of the Service
• Your actions or negligence
• Any dispute with third parties

This indemnification does not apply to the extent the Company is at fault or has engaged in gross negligence or willful misconduct.

14.2 Indemnification Procedure

If the Company seeks indemnification:

• The Company will promptly notify you of the claim
• You will have sole control of defense and settlement (provided settlements don't admit liability on behalf of the Company without consent)
• The Company will cooperate in your defense at your expense

14.3 Indemnification by Company

The Company shall defend and indemnify you against third-party claims that the Service (as provided by the Company, unmodified) infringes a third party's intellectual property rights, provided:

• You promptly notify the Company of any claim
• The Company has sole control of defense and settlement
• You cooperate in the defense

The Company's obligations do not apply if:

• You modified the Service
• You combined the Service with other products
• You continued using the Service after notice of potential infringement
• The infringement relates to your specific configuration or instructions

15. Termination

15.1 Term

These Terms commence when you accept them or begin using the Service and continue until terminated as described below.

15.2 Termination by You

You may terminate your Account and these Terms:

• By contacting info@flowhire.ai with a termination request
• By cancelling through your Account settings
• Termination takes effect at the end of the current billing period (or immediately if you request immediate termination)

15.3 Termination by the Company

The Company may terminate your Account and these Terms, with or without notice, if:

• You breach any material provision of these Terms and fail to cure within 30 calendar days of written notice
• You violate the Acceptable Use Policy
• You fail to pay fees when due
• Your Account has been inactive for more than 90 calendar days
• The Company believes termination is necessary to prevent harm
• The Company discontinues the Service

15.4 Effect of Termination

Upon termination:

• Your license to use the Service immediately terminates
• You must cease all use of the Service
• Your Account access is revoked
• You remain obligated to pay any unpaid fees
• Content may be preserved for up to 30 calendar days for backup purposes
• After 30 calendar days, the Company has no obligation to preserve or return your Content

15.5 Survival

The following provisions survive termination:

• Section 2 (Definitions)
• Section 8 (User Content and Data)
• Section 9 (Intellectual Property Rights)
• Section 11 (Confidentiality)
• Section 12 (Disclaimers and Warranties)
• Section 13 (Limitation of Liability)
• Section 14 (Indemnification)
• Section 16 (Privacy and Data Protection)
• Section 19 (Dispute Resolution)
• Section 20 (Governing Law and Jurisdiction)

16. Privacy and Data Protection

16.1 Privacy Policy

Your privacy and the handling of personal data are governed by the Company's Privacy Policy (available at flowhire.ai/privacy). By using the Service, you consent to data collection and processing as described in the Privacy Policy.

16.2 Data Processing

To the extent the Service involves processing personal data:

• The Company's Privacy Policy applies for Personal Data (Privacy) Ordinance (PDPO)
• You are responsible for complying with applicable privacy laws
• You warrant that you have obtained necessary consents for data processing

16.3 Your Responsibilities

You are responsible for:

• Obtaining all necessary consents and authorizations for data provided to the Service
• Ensuring data compliance with applicable privacy laws
• Providing privacy notices to candidates and other data subjects
• Maintaining accurate and current personal data
• Responding to data subject rights requests

16.4 Data Ownership

As between the Company and you:

• You own User Content and personal data you provide
• The Company owns aggregated and anonymized data
• The Company owns usage data and service analytics