Terms of
Service

The following terms and conditions govern all use of the Neatly Technologies, Inc. d/b/a Hireflow's website and all content, services and products available from Hireflow (taken together, the Service).

The Service is owned and operated by Neatly Technologies, Inc. d/b/a Hireflow.

The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Hireflow's Privacy Policy) and procedures that may be published from time to time on our website located at https://www.hireflow.ai/ (the “Site”) by Hireflow, (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Site or the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. If these terms and conditions are considered an offer by Hireflow, acceptance is expressly limited to these terms. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, “you” and “your” will refer to that company or other legal entity.

1. Your Hireflow Account

• You must be 13 years or older to use this Service.
• You must reside outside the European Union to use this Service.
• You are responsible for maintaining the security of your Account and password.
• You must immediately notify Hireflow of any unauthorized uses of your Account or any other breaches of security. Hireflow will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
• You are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account.
• One person or legal entity may not maintain more than one Free Account.

2. Payment and Renewal

• Paid Plans are available on the Service. By selecting a Paid Plan you agree to pay Hireflow the monthly or annual subscription fees (“Subscription”), as well as any additional usage charges (“Usage”) indicated for that service.
• Payments will be automatically charged at the start of each billing period, unless otherwise agreed in writing.
• All paid plans must provide valid credit card details, unless alternative payment methods have been agreed in writing.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
• Downgrading your Service may cause the loss of content, features, or capacity of your Account. Hireflow does not accept any liability for such loss.
• Unless you notify Hireflow before the end of the applicable subscription period that you want to cancel a Paid Plan, your Paid Plan subscription will automatically renew and you authorize us to collect the then-applicable subscription fee using any credit card or other payment mechanism we have on record for you.
• Paid Plans can be canceled at any time in the “Plans” section of your Account’s dashboard. You will still be responsible for the payment of any Usage fees or charges incurred prior to the cancellation of service, as well as any Subscription fees owed. FEES ARE NON-REFUNDABLE.

3. Usage, Budgets and Rate-Limits

• Each user must maintain their own Hireflow user account, with their own access credentials.
• All plans limit the number of candidates (“Usage”) that can be added to a campaign in a given billing period.
• Exceeding the stated usage limit will prevent Hireflow from allowing additional candidates to be added to campaigns.
• Hireflow will automatically measure and report your Usage for each billing period.
• It is expressly forbidden to tamper with, disable or modify any Hireflow Usage tracking mechanisms.
• You may not use this Service to reach out to, contact or send email to anyone residing in the European Union.
• The Service will not function within the European Union or to reach out to recipients residing in the European Union.

4. User Content

• The Service allows Customer Users to write message templates, upload emails, calendar information, email addresses and other contact information (“User Content”) by explicitly providing this information or by linking a third-party email and contacts account (such as Gmail or Microsoft Outlook) with the Service.
• By linking an email and contacts account with the Service, Customer authorizes Hireflow to store your login credentials for that account and to access and use your information from that account as permitted by that account service. This includes accessing the email headers for all messages in your account, as well as email headers and message bodies for any email messages Hireflow composes for you and any subsequent correspondence in response to such email messages.
• By uploading or creating User Content, Customer and Customer Users allow (i) Hireflow to use that User Content to operate and improve the Service and (ii) other Hireflow users to view and share the User Content within the same organization or with opt-in permission granted by the owner of the Content.
• By using the Service, Customer and Customer Users, grant to Hireflow a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, publish, distribute, and make derivative works from content and data uploaded to the Service, for purposes of providing the Service.

5. Account Deletion

• Users can choose to delete all their account information at any time.
• To delete your account, visit the settings page at: https://app.hireflow.ai/settings
• Click on the "Delete Account" option at the bottom of the page
• Confirm account deletion
• All user data stored by Hireflow is immediately deleted from our servers. This is not a reversible process and the data is removed permanently.
• You can choose to sign up again after deleting your account, but there will not be any historical data for the user, and the account will be a completely new account.

6. Intellectual Property

• This Agreement does not transfer from Hireflow to you any Hireflow or third party intellectual property, and all right, title and interest in and to such property will remain solely with Hireflow.
• Hireflow, the Hireflow logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Hireflow or Hireflow's licensors.
• Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Hireflow or third-party trademarks.
• We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
• By using Hireflow, you agree to allow us to use your name and/or logo in marketing materials about Hireflow. You can opt-out of this at any time by emailing us at support@hireflow.ai.

7. Changes

• Hireflow reserves the right, at its sole discretion, to modify or replace any part of this Agreement or the Service.
• It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
• Hireflow may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
• Hireflow reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to monthly subscription fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or by contacting you by email.

8. Termination

• Hireflow may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Hireflow will make a reasonable attempt via email to warn the Account owner prior to termination.
• Termination of Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
• If you wish to terminate this Agreement or your Hireflow Account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
• You can delete your Account at any time by clicking “Delete Account” on your “Account Settings” page in your dashboard. You will still be responsible for the payment of any Usage fees or charges incurred prior to the cancellation of service, as well as any Subscription fees owed.
• Hireflow shall not be liable to you, or to any third party, for any modification, price change, suspension or discontinuance of the Service.

9. Disclaimer of Warranties

• The Service is provided “as is”. Hireflow and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
• Neither Hireflow nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted.
• You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

10. Governing Law

• These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

11. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

12. Limitation of Liability

In no event will Hireflow, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Hireflow under this Agreement during the twelve (12) month period prior to the cause of action. Hireflow shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Hireflow Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification

You agree to indemnify and hold harmless Hireflow, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

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