Terms and Conditions

Last updated: August 2026 · Applicable to the use of RecruitFlow

Provider and contracting party

§ 1 Scope

(1) These Terms and Conditions ("Terms") govern all contracts between Neese Consulting LLC ("Provider") and its customers ("Customer") concerning the use of the software RecruitFlow and the services connected with it. The Provider is a US company serving customers internationally, including in the European Union.

(2) The offering is directed exclusively at business customers — natural persons, legal entities and partnerships acting in the exercise of their trade, business or profession when entering into the contract. Contracts with consumers are not envisaged.

(3) Deviating, conflicting or supplementary terms of the Customer do not become part of the contract unless the Provider expressly agrees to them in text form.

(4) Individual agreements — in particular a signed proposal, a statement of work or a separate framework agreement — take precedence over these Terms.

§ 2 Description of services

(1) RecruitFlow is web-based software (software as a service) for social recruiting and lead generation. Access is provided at recruitflow.neese-consulting.com.

(2) The functional scope comprises in particular:

• Funnel and landing page builder — creating and managing application and lead funnels and the landing pages behind them.
• Applicant and lead CRM — capturing, organising and tracking the status of incoming applications and leads.
• Key metrics — evaluation of the activity recorded in the system.
• Email notifications — system messages about new applications, leads and account events.
• Webhooks — forwarding of recorded data to systems of the Customer's choosing.
• White-label dashboards — for agencies managing several clients, funnels and lead pools from one console.

(3) Optional managed service: by separate agreement, the Provider additionally takes over the setup, placement and ongoing management of advertising campaigns. In that case campaigns may be delivered through the Provider's own advertising infrastructure, accounts and access — the Customer then needs neither its own advertising account nor its own company page on the platform in question. Scope, budget responsibility and billing of the managed service are set out in the individual agreement or statement of work. Without such an agreement, the Provider owes the provision of the software only.

(4) The Provider may continue to develop, update and adapt the software. Material changes in functionality that disadvantage the Customer are announced in text form with reasonable notice.

(5) The Provider may use subcontractors and third-party providers to deliver the service, in particular hosting, database and email providers. Responsibility towards the Customer remains with the Provider.

§ 3 Formation of contract

(1) Presentations on the Provider's website are non-binding and do not constitute an offer.

(2) A contract is formed by (a) the Provider's order confirmation in text form, (b) signature of a separate contract, proposal or statement of work, or (c) activation of access by the Provider and its use by the Customer.

(3) The Customer undertakes to provide accurate and complete information on registration and to keep it up to date.

(4) The Provider may decline offers without stating reasons, in particular where there is a justified suspicion of abusive use.

§ 4 Fees and payment

(1) Packages and conditions are agreed individually. Only the prices and scope of services named in the respective proposal, statement of work or individual contract are binding. No prices are published bindingly on this website.

(2) Unless expressly stated otherwise, all prices are net prices exclusive of any applicable sales tax or VAT. The tax treatment of cross-border services follows the applicable statutory rules; on request the Customer provides a valid VAT identification number or comparable tax registration.

(3) Unless agreed otherwise, fees are payable in advance for the respective billing period. Payment method, payment term and billing cycle follow from the individual agreement.

(4) In the event of late payment the Provider may claim statutory default interest and, after prior notice and a reasonable grace period, suspend access until the outstanding amount has been settled. The obligation to pay continues during such a suspension.

(5) Price adjustments for ongoing contracts are announced in text form with reasonable notice, effective from the next billing period. In that case the Customer may terminate the contract with effect from the date the adjustment takes effect.

(6) Media budget — the money paid to an advertising platform such as Meta for delivering ads — is not part of the Provider's fee and is borne by the Customer separately, unless a media budget is expressly identified as a component of the booked package. Unused media budget is not paid out. Price changes on the part of the platforms and fluctuations in delivery costs lie outside the Provider's control.

(7) The Customer may set off only against claims that are undisputed or have been finally determined by a court. A right of retention is available only where the counterclaim arises from the same contractual relationship.

§ 5 Term and termination

(1) Term, minimum term and notice periods follow from the respective individual agreement. Absent a deviating arrangement, a subscription renews for the agreed term unless terminated in good time.

(2) Termination requires text form; an email to support@neese-consulting.com suffices.

(3) The right of both parties to terminate for good cause without notice remains unaffected. Good cause exists for the Provider in particular where the Customer, despite a reminder, is substantially in default of payment, breaches material contractual obligations — notably those under § 6 — or uses the software abusively or unlawfully.

(4) After the contract ends, the Provider makes the Customer's data available for export for a reasonable period and then deletes it, unless statutory retention obligations prevent this. Details are governed by the data processing agreement (§ 9).

(5) The Provider may temporarily suspend access where there is a justified suspicion of a serious breach of contract or where damage is imminent. The Customer is informed without delay.

§ 6 Customer obligations

(1) Access credentials: the Customer keeps access credentials secure, does not pass them to unauthorised persons, and is responsible for all activity carried out through its account. Security incidents are reported to the Provider without delay.

(2) Lawfulness of advertising: the Customer is solely responsible for ensuring that the advertisements, funnels, landing pages and other content placed by it or on its behalf are lawful. This includes in particular compliance with competition law, copyright, trade mark and personality rights, equal treatment requirements applicable to job advertisements, and the policies of the advertising platforms used. The Customer supplies the content, images, logos and copy used in advertisements and warrants that it holds the necessary rights. This applies equally where campaigns are delivered through the Provider's advertising infrastructure under the managed service.

(3) Lawfulness of applicant and lead data: the Customer is the controller under data protection law for all personal data it processes through RecruitFlow. It ensures that a valid legal basis exists for the collection and processing of that data, that data subjects are properly informed, that consents — where required — are validly obtained and documented, and that requests from data subjects are answered within the applicable deadlines. The Customer does not issue instructions that violate applicable law.

(4) Prohibited use: the Customer may not reverse engineer or decompile the software, make it available to third parties outside its own organisation, rent it out or resell it, unless a separate agreement — a partner or white-label contract, for instance — provides for this. Equally prohibited are actions that impair the availability or security of the system, and automated bulk retrieval without prior arrangement.

(5) Indemnification: where the Customer breaches the obligations under paragraphs 2 to 4, it indemnifies the Provider against third-party claims arising from that breach, including the reasonable costs of legal defence. This does not apply where the Customer is not responsible for the breach.

(6) Cooperation: the Customer provides, in good time, all information, access and approvals required to deliver the service. Delays caused by missing cooperation are not to the Provider's detriment.

§ 7 Availability

(1) The Provider aims for the highest possible availability of the software as a target value. A specific availability figure is owed only where it has been expressly agreed in a separate service level agreement in text form. Without such an agreement there is no claim to a particular uptime.

(2) Periods of planned maintenance are excluded from availability. The Provider announces maintenance work in advance where possible and preferably carries it out outside usual business hours. Urgent security measures may be carried out at any time and without prior notice.

(3) Third-party outages: the operation of RecruitFlow relies on services of third parties, in particular Vercel (hosting), Supabase (database and authentication) and Resend (transactional email), and, in the managed service, on the systems of external advertising platforms. Outages, disruptions, policy changes, account suspensions or discontinued services on the part of these third parties lie outside the Provider's control and give rise to no claims against it, provided the Provider is not at fault in selecting and monitoring them.

(4) The same applies to events of force majeure and to disruptions originating in the Customer's own infrastructure or conduct.

§ 8 Liability and warranty

(1) The Provider is liable without limitation for damages arising from injury to life, body or health, and for intent and gross negligence.

(2) In all other cases the Provider's aggregate liability arising out of or in connection with the contract is limited to the fees paid by the Customer for the affected service in the twelve months preceding the event giving rise to liability.

(3) To the extent permitted by law, liability for indirect and consequential damages, loss of profit, lost business opportunities and, in particular, for applications or leads that fail to materialise, is excluded.

(4) The Provider is not liable for outages or misconduct of the third-party services named in § 7(3), for events of force majeure, or for damages resulting from use by the Customer that breaches the contract or the law.

(5) No promise of results: the Provider owes the contractually agreed service, not a particular commercial outcome. In particular, no specific number of applications, leads, hires, reach or revenue is promised. Results of this kind depend substantially on the market, on the position advertised, on the terms offered and on the Customer's own responsiveness.

(6) Warranty: the Provider remedies demonstrated, reproducible defects in the software within a reasonable period by correcting them or by providing an equivalent workaround. The Customer's rights where subsequent performance ultimately fails remain unaffected.

(7) Data backup: the Provider performs backups as part of proper operation. The Customer is advised to additionally export and secure data that is business-critical for it.

(8) The above limitations of liability also apply for the benefit of the Provider's legal representatives, employees and agents. Liability under mandatory statutory provisions remains unaffected.

§ 9 Data protection and processing on behalf of the Customer

(1) Both parties comply with the data protection rules applicable to them, in particular the GDPR.

(2) Where the Provider processes personal data on behalf of the Customer — in particular applicant and lead data that the Customer collects through RecruitFlow — the Customer is the controller and the Provider is the processor. The parties conclude a data processing agreement pursuant to Art. 28 GDPR for this purpose. The Provider processes that data exclusively on the Customer's documented instructions.

(3) The Customer warrants that it is entitled to transfer the data to the Provider and that an appropriate legal basis exists for the processing (see § 6(3)).

(4) Information on data processed by the Provider as controller — for website visitors and account data, for example — is set out in the Privacy Policy.

§ 10 Rights of use and intellectual property

(1) All rights in the software, its source code, interfaces, concepts, trade marks and documentation remain with the Provider.

(2) For the duration of the contractual relationship the Customer receives a simple, non-exclusive, non-transferable right to use the software over the internet within the agreed scope.

(3) The Provider acquires no ownership of the content and data the Customer enters into the system (customer data). The Provider processes it exclusively to deliver the service and for security and quality purposes. Customer data is not used to train AI models.

(4) Feedback from the Customer — bug reports or feature requests, for instance — may be used by the Provider to develop the product further, without any obligation to pay for it.

(5) The Customer is named as a reference only with its prior consent in text form.

§ 11 Confidentiality

(1) Each party treats the other party's confidential information as confidential and does not disclose it to third parties. Confidential information includes in particular trade secrets, technical information, commercial terms and customer data.

(2) This obligation does not apply to information that is or becomes generally known without fault of the receiving party, that was already known to it beforehand, or that was communicated to it by a third party without any duty of confidentiality.

(3) The duty of confidentiality survives the end of the contractual relationship.

§ 12 Changes to these Terms

(1) The Provider may amend these Terms in text form with reasonable notice where this is necessary to reflect changed legal or technical conditions or a changed service.

(2) If the Customer does not object in text form within the notice period, the amended Terms are deemed accepted. The Provider points out the right to object and the significance of silence separately in the notice of change.

(3) If the Customer objects, the Provider may terminate the contractual relationship with effect from the date the amended Terms take effect.

§ 13 Final provisions

(1) Governing law: these Terms and the contractual relationship are governed by the laws of the State of Wyoming, USA, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) Venue: the exclusive place of jurisdiction for all disputes arising out of or in connection with this contractual relationship is Cheyenne, Wyoming, USA. Mandatory statutory venues remain unaffected.

(3) Mandatory consumer protection: this offering is directed at business customers (§ 1(2)). Should a consumer nevertheless be involved in an individual case, the mandatory consumer protection provisions of the state in which that consumer has their habitual residence remain unaffected by the choice of law and venue above.

(4) Severability: should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory rule that comes closest to its commercial purpose.

(5) Text form: amendments and additions to the contract, and the waiver of this text form requirement, require text form; email suffices.

(6) Contract language: the governing contract language is English.

(7) Assignment: the Customer may transfer rights and obligations under this contract to third parties only with the Provider's prior consent in text form.

(8) Contact: Neese Consulting LLC · 1914 Thomes Ave, Ste 2 #5296, Cheyenne, WY 82001, USA · support@neese-consulting.com

Further legal texts

Provider details are set out in the Legal Notice, information on data processing in our Privacy Policy.