Terms of Service

Hiring Intelligence — LeadFlow, GrowthEngine, PlacementEngine

Provider: Growthlynk Management FZCO, trading as "Hiring Intelligence", Dubai Digital Park, Dubai, United Arab Emirates ("Provider", "we").

These Terms of Service (the "Terms"), together with the applicable order form, offer or subscription confirmation (the "Order Form") and the Data Processing Agreement including its SCC Schedule (the "DPA"), form the agreement between Provider and the customer named in the Order Form ("Customer") (collectively the "Agreement").

1. Scope and Formation

1.1 Provider offers its services exclusively to businesses (B2B). By accepting an Order Form that references these Terms, or by using the Services, Customer agrees to the Agreement, including the DPA. No separate signature of these Terms or the DPA is required.

1.2 In the event of conflict, the following order of precedence applies: (i) the Order Form, (ii) the DPA and its SCC Schedule for all data protection matters, (iii) these Terms. In data protection matters, the DPA and the SCCs prevail also over the Order Form (cf. Clause 5 SCC); an Order Form cannot derogate from them.

1.3 Customer's own general terms and conditions do not apply, even if Provider does not expressly object to them.

1.4 The versions of these Terms, the DPA and the sub-processor list current at contract formation are published at hiring-intelligence.io/legal and are provided on request in durable form.

2. Services

2.1 LeadFlow. Provider delivers company, job and business-contact records ("Delivered Data") matching criteria agreed with Customer, into Customer's CRM, spreadsheet or other agreed target system, on a recurring basis during the subscription term.

2.2 GrowthEngine. Provider prepares and sends email outreach campaigns in Customer's name and on Customer's documented instructions, using Customer's sending domains and sender identity, and processes replies (classification, business-phone research for interested replies, forwarding, CRM sync) within an isolated workspace assigned to Customer.

2.3 PlacementEngine. Provider matches candidate profiles to hiring companies and facilitates outreach on Customer's documented instructions.

2.4 The products and volumes contracted are stated in the Order Form. Provider performs the Services with reasonable skill and care. Provider may develop and modify the Services, provided the agreed core functionality is not materially reduced.

2.5 Unless expressly stated in the Order Form, stated lead volumes are targets, not guaranteed minimums; actual volumes depend on market availability of records matching Customer's criteria.

3. Customer Obligations

3.1 Customer uses the Services and Delivered Data only for its own internal business purposes and in compliance with applicable law.

3.2 Outreach compliance. Customer is solely responsible for the lawfulness of any outreach it conducts or instructs — including under the GDPR, national data protection law, ePrivacy rules and unfair-competition / anti-spam law (e.g. § 7 UWG in Germany and its equivalents in Austria and Switzerland). Customer conducts its own legal assessment before contacting any person contained in Delivered Data. Provider does not provide legal advice.

3.3 GrowthEngine instructions. Customer determines and approves recipients or recipient criteria, campaign content and campaign parameters. Customer warrants that it owns or lawfully controls the sending domains used and that the instructed outreach is lawful in each target market. The Service includes, as part of Customer's instructions, the research of business phone numbers for recipients who reply with interest (conducted via the sub-processors listed in the DPA); Customer is the controller of this reply-triggered enrichment and responsible for its legal basis and for any information duties towards the data subjects concerned.

3.4 PlacementEngine data. Where Customer provides candidate data, Customer warrants that it is entitled to share such data with Provider for matching and outreach facilitation (including, where required, the candidate's consent or another valid legal basis).

3.5 System access. Where Customer connects its CRM or other systems (e.g. via API key or webhook), Customer warrants that it is entitled to grant Provider this access and that the access is limited to what the integration requires.

3.6 Customer keeps access credentials confidential and informs Provider without undue delay of any suspected misuse.

4. Delivered Data — Handover of Responsibility

4.1 Provider generates, sources and enriches Delivered Data as an independent controller under its own responsibility (see clause 1.2 DPA). Delivered Data is handed over to Customer on a controller-to-controller basis.

4.2 Upon delivery, Customer becomes an independent controller of its copy of the Delivered Data and is solely responsible for its subsequent processing — including storage, further enrichment, outreach and deletion — under applicable data protection law. This includes Customer's own information duties under Art. 13/14 GDPR towards the data subjects concerned; Customer fulfils them for its processing of Delivered Data.

4.3 The Parties are not joint controllers. Selection criteria agreed with Customer (including eligibility filters) are specifications of Customer's requirements and do not create joint decision-making over individual data subjects.

4.4 Opt-out mirroring. Each Party forwards to the other, without undue delay, any objection, opt-out or erasure request it receives that concerns the other Party's processing (see clause 7 DPA). Customer ceases use of records that Provider notifies as suppressed, unless Customer has an own legal basis to continue.

4.5 Source disclosure on request. Where a data subject asks Customer about the origin of data concerning them that Customer received from Provider, Customer shall truthfully identify Provider ("Hiring Intelligence") as the source and refer the data subject to Provider's privacy notice and opt-out channels (hiring-intelligence.io/legal/privacy — [email protected]). This clause does not require Customer to name the source proactively in its outreach.

4.6 Provider remains responsible for its own database and sourcing operations. Nothing in this clause transfers responsibility for Provider's own processing to Customer.

5. Licence and Intellectual Property

5.1 Provider grants Customer a non-exclusive, non-transferable licence to use Delivered Data for Customer's internal business purposes (in particular sales outreach and recruitment operations). Resale, sublicensing, publication or systematic re-distribution of Delivered Data, and use of Delivered Data to build or enrich a commercial data product, are prohibited.

5.2 The licence to Delivered Data already delivered survives termination; clause 4 continues to apply to such data.

5.3 All rights in the Services, software, know-how and infrastructure remain with Provider. Data and materials provided by Customer remain Customer's.

5.4 Provider may use aggregated, anonymised usage and performance data that does not identify Customer or any natural person for improving and benchmarking its Services.

6. Fees and Payment

6.1 Fees, billing cycle and payment terms are stated in the Order Form. Unless stated otherwise, invoices are due within 14 days, and fees are exclusive of applicable taxes (including VAT / reverse charge, where applicable).

6.2 If Customer is in default with a not insignificant amount, Provider may suspend the Services after prior notice with reasonable grace period. Suspension does not relieve Customer of its payment obligations.

6.3 Provider may adjust recurring fees with effect from the next renewal term by notice in text form at least six (6) weeks before renewal; Customer may terminate at the renewal date if it does not accept the adjustment.

7. Term and Termination

7.1 Term and renewal are stated in the Order Form. Unless stated otherwise, the Agreement renews automatically for successive terms equal to the initial term, unless terminated in text form with thirty (30) days' notice to the end of the then-current term.

7.2 Either Party may terminate for cause without notice, in particular where the other Party materially breaches the Agreement and fails to cure within a reasonable period after notice.

7.3 Upon termination: (i) access to the Services ends; (ii) data processed on Customer's behalf is deleted or returned in accordance with clause 8 DPA; (iii) clauses 4, 5.2, 8, 9, 10 and 11 survive.

8. Warranties and Disclaimers

8.1 Delivered Data is compiled from public and licensed third-party sources and is provided for Customer's informational and lead-generation purposes. Provider does not warrant the accuracy, completeness, currency or deliverability of Delivered Data, and does not warrant any commercial result (including reply rates, meetings booked or placements). Clause 10.1 remains unaffected.

8.2 Customer verifies Delivered Data as appropriate before relying on it for any decision with legal or significant effect on a natural person.

8.3 Provider does not warrant uninterrupted availability of the Services. Planned maintenance and dependencies on third-party platforms and sources may cause temporary limitations.

9. Indemnity

9.1 Customer shall defend and indemnify Provider against all third-party claims — including claims by data subjects, claims and warning letters (Abmahnungen) by competitors and other market participants under unfair-competition law, and, to the extent permitted by law, regulatory proceedings, fines and associated costs — arising from (i) outreach conducted or instructed by Customer, (ii) Customer's use of Delivered Data in breach of the Agreement or applicable law, or (iii) candidate or other data supplied by Customer without sufficient legal basis, except to the extent the claim results from Provider's breach of the Agreement.

9.2 Provider will notify Customer of any such claim without undue delay and will not settle it without Customer's consent (not to be unreasonably withheld).

10. Liability

10.1 Nothing in the Agreement excludes or limits Provider's liability for fraud or fraudulent misrepresentation, for wilful misconduct or gross negligence, for death or personal injury caused by its negligence, or for any other liability that cannot lawfully be excluded or limited.

10.2 Subject to clause 10.1, Provider's total aggregate liability arising out of or in connection with the Agreement in any twelve (12) month period is limited to the fees paid or payable by Customer for the twelve (12) months preceding the event giving rise to the claim.

10.3 Subject to clause 10.1, Provider is not liable for indirect, incidental or consequential loss, loss of profit, loss of business or revenue, loss of goodwill, or loss or corruption of data, in each case however arising.

10.4 The limitations in this clause 10 also apply in favour of Provider's employees, agents and sub-contractors.

11. Confidentiality

11.1 Each Party keeps confidential all non-public information of the other Party obtained in connection with the Agreement, uses it only for performing the Agreement, and protects it with reasonable care. This obligation survives termination for three (3) years.

11.2 Disclosure required by law or regulator is permitted; the disclosing Party informs the other Party where legally permissible.

12. Changes to these Terms

12.1 Provider may amend these Terms with effect for the future by notice in text form at least thirty (30) days before the amendment takes effect. If Customer does not object in text form before the effective date, the amended Terms apply; Provider will point out this consequence in the notice. If Customer objects, either Party may terminate the Agreement with effect from the amendment date; otherwise the previous Terms continue to apply until the end of the current term. Amendments that materially alter the core Services, the fees or this clause 12 require Customer's express consent.

12.2 Amendments to the sub-processor list follow clause 5 DPA, not this clause 12.

13. Final Provisions

13.1 Customer may set off only undisputed or finally adjudicated claims.

13.2 Neither Party may assign the Agreement without the other Party's consent, except to an affiliate or in the course of a merger or sale of business.

13.3 Notices under the Agreement may be given in text form (email suffices) to the addresses stated in the Order Form.

13.4 Governing law and dispute resolution: The Agreement is governed by the laws of the United Arab Emirates as applicable in the Emirate of Dubai, excluding the CISG and conflict-of-law rules. Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be finally settled under the Arbitration Rules of the Dubai International Arbitration Centre (DIAC), which rules are deemed incorporated by reference into this clause. The seat of the arbitration is Dubai, United Arab Emirates; the tribunal consists of one arbitrator; the language of the arbitration is English. Data-protection matters follow clause 11.2 DPA / the SCCs, which prevail over this clause.

13.5 Should individual provisions of the Agreement be or become invalid, the validity of the remaining provisions remains unaffected.