Terms of Use
1) Acceptance of Terms
These Terms of Use (the “Terms”), together with any ordering document executed by you and us (an “Order Form”), form a single contract (the “Agreement”) between Fastflo, Inc. (“Fastflo,” “we,” “us,” or “our”) and the customer identified on an Order Form (“Customer,” “you,” or “your”). By signing an Order Form, clicking “accept,” or accessing or using the Service (defined below), you agree to be bound by these Terms. If you are entering into this Agreement on behalf of an employer or other entity, you represent that you have authority to bind that entity. We may update these Terms from time to time; material changes will apply prospectively and will be effective upon your next Order Form.
2) Our Service
2.1 Definition. “Service” means Fastflo’s cloud platform that lets employers run messaging-based recruiting workflows (application “flows,” screening Q&A, voice/video prompts & transcription, interview scheduling, onboarding flows), communicate with candidates over third-party messaging channels (e.g., WhatsApp, iMessage, SMS, Messenger), and integrate with applicant tracking systems, HRIS/HCMs, and calendars (e.g., Microsoft 365 or Google Calendar), including related websites, dashboards, APIs, documentation and support.
2.2 No Co-op/No Data Brokerage. Fastflo is not an aggregated data directory. We do not sell or “co-op” customer or candidate data. We only use Customer Content (defined in §9) to provide the Service to you and to improve the Service in de-identified/aggregated form (see §11).
2.3 Third-Party Platforms. Some features rely on third-party platforms (e.g., WhatsApp Business, Apple Business Messages, SMS carriers, Zoom/Teams, Microsoft, Google). Your use of those platforms is subject to their terms, policies, and fees. We do not control their availability or changes. If a third-party provider discontinues or materially changes functionality, we may adjust the Service accordingly without breach.
3) Accounts & Access
3.1 License. During the Subscription Term (defined in §6) and subject to this Agreement, Fastflo grants you a limited, non-exclusive, non-transferable, non-sublicensable right for your employees and contractors (“Users”) to access and use the Service solely for your internal recruiting, hiring, and onboarding operations.
3.2 Restrictions. You will not (and will not permit anyone to): (a) copy, modify, translate, or create derivative works of the Service; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code; (c) rent, lease, sell, sublicense, or provide access to the Service to a third party; (d) use the Service to provide a competing product or service; (e) use any scraping, robots, or similar methods to access the Service; (f) circumvent or disable security or usage controls; or (g) send prohibited content listed in §5.2.
3.3 Seats/Flows. Seat counts, flow limits (if any), environments, and feature tiers are as set forth in the Order Form.
4) Customer Responsibilities
4.1 Lawful Use & Hiring Compliance. You are responsible for (a) configuring your flows, questions, scoring, and decision criteria; (b) complying with all applicable employment, labor, EEO/OFCCP, anti-discrimination, accessibility, and records-retention laws; (c) ensuring that any required forms (including OFCCP CC-305 disability self-identification and applicable protected veteran disclosures) are presented in the format and timing required by law. We will support technical presentation and collection of such forms in your flows, but do not provide legal advice.
4.2 Messaging Consents. You must have (and maintain logs of) a lawful basis/consent to message candidates via SMS/OTT channels, and you must honor opt-out requests (e.g., “STOP,” “UNSUBSCRIBE”) and provide “HELP” responses. You will not send marketing unrelated to the recruiting engagement without appropriate consent.
4.3 Your Users. You are responsible for your Users’ actions and for safeguarding credentials and devices.
5) Acceptable Use
5.1 Generally. You will not use the Service to transmit or store content that is illegal, harassing, hateful, discriminatory, obscene, infringing, invasive of privacy, or otherwise objectionable, or that includes malware or attempts to attack or probe the Service or another network.
5.2 Channel Policies. You must comply with channel-specific rules (e.g., WhatsApp Business Policy, carrier A2P rules, Apple Business Messages policies, CTIA/TCPA/CASL/CAN-SPAM as applicable). Prohibited content includes: adult content, illegal products/services, weapons or explosives; deceptive, abusive, or spammy campaigns; and any content barred by a channel or law.
6) Term, Renewal & Trials
6.1 Term. Each Order Form states the initial subscription term (the “Subscription Term”). Unless the Order Form says otherwise, subscriptions renew for consecutive terms of the same length unless either party gives non-renewal notice at least 30 days before the end of the then-current term.
6.2 Trials/Pilots. If your Order Form specifies a 90-day pilot (e.g., unlimited flows or single-role trial), pilot scope and limits apply only during that period.
6.3 Suspension. We may suspend access (with prompt notice when practical) for (a) material breach; (b) non-payment; (c) security risk; or (d) illegal use.
7) Fees & Taxes
Fees are as stated in your Order Form. Unless the Order Form says otherwise, fees are invoiced in advance, due net 30, non-cancelable, and non-refundable (except as expressly provided here). You are responsible for applicable taxes excluding our income taxes.
8) Export & Government Use
You will comply with U.S. and international export controls and sanctions. The Service and documentation are “commercial computer software” and “commercial computer software documentation” under FAR 2.101 and DFARS 252.227-7014; Government use is subject to these Terms.
9) Data & Ownership
9.1 Customer Content. “Customer Content” means data you or your Users or candidates submit to the Service (e.g., job/flow content, questions, scoring, messages, attachments, voice/video prompts and transcripts, candidate information, ATS records we sync on your behalf). As between the parties, you own Customer Content.
9.2 Service Materials. As between the parties, Fastflo owns the Service, software, documentation, interfaces, models, templates, and all improvements thereto, including de-identified/aggregated insights and Usage Data (defined in §11) we create while operating the Service.
9.3 License to Operate the Service. You grant Fastflo a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and otherwise use Customer Content solely (a) to provide, secure, support, and improve the Service for you; (b) to comply with law; and (c) to create de-identified/aggregated analytics as permitted in §11. We do not use Customer Content to build a public directory or to market to your candidates.
9.4 Data Return/Deletion. During the Subscription Term and for 30 days after termination, you may export Customer Content via available features or request a standard export. After that, we may delete or de-identify Customer Content from active systems, subject to legal retention requirements and backups.
10) Privacy, Security & DPA
10.1 Roles. For Candidate personal data, Customer is the controller (or equivalent) and Fastflo is the processor (or equivalent).
10.2 DPA. Our Data Processing Agreement (DPA) (including SCCs/UK IDTA as needed) is incorporated by reference and governs processing of personal data. Regional hosting options are available.
10.3 Security. We employ administrative, physical, and technical safeguards appropriate to the nature of the data (e.g., encryption in transit and at rest; access controls; vulnerability management). We will notify you without undue delay upon becoming aware of a personal-data breach affecting your data and will cooperate with your reasonable remediation efforts.
10.4 Sub-processors. We may use vetted sub-processors to provide the Service; our then-current list is available upon request. We remain responsible for their performance.
11) Usage Data & Improvements
We may collect and generate Usage Data (e.g., performance metrics, feature usage, delivery/latency statistics, aggregate analytics) in connection with operating the Service. We own Usage Data and may use it to provide, maintain, and improve the Service and develop new features, provided that we will not disclose your Confidential Information or identify you or your candidates except as permitted by this Agreement or required by law.
12) Confidentiality
Each party (the “Receiving Party”) will protect the other party’s non-public information (“Confidential Information”) with at least reasonable care and use it only as permitted by this Agreement. Confidential Information excludes information that is (a) public through no fault of the Receiving Party; (b) independently developed without use of the other’s info; or (c) rightfully received from a third party without duty of confidentiality. If compelled by law, the Receiving Party may disclose only what is legally required, with prompt notice (if lawful) to allow the Disclosing Party to seek protection. Public-sector/FOIA: if you are subject to FOIA/CORA or similar, you remain responsible for responding to public-records requests; our Confidential Information should be withheld to the maximum extent permitted by law. If we receive a request directed to us, we will notify you (if lawful) and cooperate reasonably.
13) Accessibility
Fastflo aims to support WCAG 2.1 AA-aligned candidate experiences and reasonable accommodations within the Service’s technical capabilities. You are responsible for ensuring your flows, questions, and attached content meet your accessibility obligations.
14) Warranties & Disclaimers
14.1 Mutual. Each party represents it has valid authority to enter into this Agreement.
14.2 Fastflo. We warrant that the Service will materially conform to the applicable documentation. Your exclusive remedy for a breach of this warranty is (at our option) to repair the non-conformance or provide a commercially reasonable workaround; if we cannot do so within a reasonable time, you may terminate the affected Order Form and receive a pro-rata refund of prepaid fees for the unused portion.
14.3 Disclaimers. Except as expressly stated, the Service is provided “as is.” We disclaim all implied warranties (merchantability, fitness for a particular purpose, non-infringement). We do not warrant uninterrupted or error-free operation, or that third-party platforms will remain available.
15) Indemnification
15.1 IP Indemnity by Fastflo. We will defend and indemnify you against third-party claims alleging that the Service (as provided by us) infringes a U.S. patent, copyright, or trademark, and pay damages and reasonable fees finally awarded, provided you (a) promptly notify us; (b) allow us sole control of defense/settlement; and (c) reasonably cooperate. If a claim arises, we may (at our expense) procure rights, modify the Service, or replace it. If none is commercially reasonable, we may terminate the affected Order Form with a pro-rata refund. We have no obligations for claims based on (i) Customer Content; (ii) your combinations or use not contemplated by the documentation; or (iii) third-party platforms.
15.2 Indemnity by Customer. Except to the extent prohibited by law for public entities (see Public Sector Addendum), you will defend and indemnify Fastflo against third-party claims arising from (a) Customer Content; (b) your unlawful use of messaging channels (including failure to obtain required consents); or (c) your breach of law or this Agreement.
16) Limitation of Liability
To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages; and (b) each party’s total liability arising out of or related to this Agreement will not exceed the amounts paid or payable by you to Fastflo for the Service giving rise to the claim in the 12 months before the first event giving rise to liability. These limits do not apply to fees owed, infringement indemnity obligations (§15.1), or a party’s willful misconduct.
17) Termination & Effect
Either party may terminate this Agreement or an Order Form for material breach not cured within 30 days of written notice. Upon termination or expiration, your access ends; §9.4 governs data export; accrued amounts remain due. Sections that by their nature should survive will survive (including §§4–5, 8–12, 14–18 and Public Sector Addendum to the extent applicable).
18) Publicity
We will not use your name or logo in marketing materials without your prior written approval (email is sufficient).
19) General
This Agreement is the entire agreement between the parties regarding the Service and supersedes prior or contemporaneous agreements on the subject. Neither party may assign this Agreement without the other’s consent, except that either party may assign to an affiliate or in connection with a merger, reorganization, or sale of substantially all assets (with notice). If any term is unenforceable, it will be limited to the minimum extent necessary, and the remainder will remain in effect. No waiver is effective unless in writing. Force Majeure: neither party is liable for delays or failures due to causes beyond its reasonable control (excluding payment obligations); provided that if a force-majeure event affecting performance persists for more than 15 days, either party may terminate the affected Order Form upon notice. (See Public Sector Addendum for government carve-outs.)
20) Governing Law & Dispute Resolution (Commercial Customers)
Unless the Public Sector Addendum applies, this Agreement is governed by the laws of State of Delaware, without regard to conflicts of law. The parties will submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, DE.
Public Sector Addendum (applies if Customer is a U.S. government entity, public utility, or contractor)
PS-1 Indemnity. To the extent Customer is legally prohibited from indemnifying, Customer’s indemnity obligations are replaced with an obligation to be responsible for its own acts and omissions to the extent permitted by law, and to reasonably cooperate in the defense of covered claims.
PS-2 Force Majeure. If Customer’s policies prohibit force-majeure provisions, §19 (Force Majeure) will not apply to Customer. Customer may suspend performance or terminate an affected Order Form immediately if a force-majeure event prevents Fastflo’s performance for more than 15 days.
PS-3 Venue & Law. Notwithstanding §20, this Agreement will be governed by the laws of the requested State, without regard to conflicts principles, and exclusive venue will be the state or federal courts located in said State, as applicable. No arbitration or out-of-state venue is required.
PS-4 Records & Open Records. Customer remains the custodian of records for purposes of any open-records law (e.g., CORA). Fastflo will not disclose Customer’s Confidential Information except as required by law and will notify Customer (if lawful) of any requests received by Fastflo. Customer will determine what is disclosable and instruct Fastflo accordingly.
PS-5 Accessibility & Civil Rights. Fastflo will use commercially reasonable efforts to support WCAG 2.1 AA alignment for candidate-facing experiences. Fastflo will not discriminate on the basis of any protected class in providing the Service.
Contact
Questions about these Terms: contact@fastflo.ai
Security/privacy inquiries: security@fastflo.ai / privacy@fastflo.ai