TERMS OF SERVICE AGREEMENT
Effective Date: February 25th, 2025
Last Updated: March 4th, 2025
IMPORTANT NOTICE:
This Terms of Service Agreement ("Agreement") is a legally binding contract between you ("User," "You") and Flow Global Software Technologies, LLC ("Flow," "Company," "We," "Us," or "Our"). By accessing, registering for, or using any Flow Global Software Technologies, LLC services—including websites, applications, software, APIs, or any associated platforms ("Services")—you agree to be bound by every provision contained herein. If you do not agree to these terms, you must immediately discontinue use of all Flow Global Software Technologies, LLC Services.
Your use of our Services signifies your unconditional acceptance of these terms, including any future modifications made at our sole discretion.
General Provisions:
- This Agreement applies to every user, visitor, organization, automated system, and any entity accessing our Services.
- Flow Global Software Technologies, LLC reserves the unilateral right to change, modify, or update these terms at any time without prior notice.
- Continued use of our Services constitutes your acceptance of any modifications.
- The provisions in this Agreement shall survive termination of your access to our Services.
DEFINITIONS, SCOPE, & ACCEPTANCE
Definitions:
For purposes of this Agreement, the following terms shall have the meanings set forth below:
- "User Data" means any and all information transmitted, collected, or stored through the use of our Services, including, but not limited to, personally identifiable information, non-personally identifiable data, metadata, communications, logs, and any derivative data.
- "Content" includes user-generated material, uploaded files, messages, images, audio, video, and any other data submitted by users.
- "Services" refers to all digital platforms, websites, applications, and other interfaces provided by Flow Global Software Technologies, LLC.
Scope of Agreement:
This Agreement applies to every interaction with Flow Global Software Technologies, LLC’s Services regardless of the medium or platform. It covers:
- All websites, mobile applications, APIs, and integrated systems.
- Data transmission, storage, processing, and analysis performed by Flow Global Software Technologies LLC.
- All forms of interaction including but not limited to text, audio, video, biometric data, and AI-driven content.
Acceptance of Terms:
By using any of our Services, you represent and warrant that:
- You have read, understood, and accepted every term of this Agreement.
- You are at least 18 years old, or the age of majority in your jurisdiction.
- You possess the full legal capacity to enter into this Agreement.
- You agree to comply with all applicable laws and regulations.
Comprehensive Data Collection:
By accessing or using our Services, you expressly consent and grant Flow Global Software Technologies, LLC an irrevocable, unlimited right to collect, retain, process, analyze, store, use, and disseminate all forms of data associated with your usage, including but not limited to:
- Personal Data: Full name, contact information, government-issued identification numbers, biometric identifiers (including facial, voice, and fingerprint data), financial information, behavior-related information, and any other personal information.
- Technical Data: IP addresses, device identifiers, operating system details, browser types, geolocation data, network configurations, and system logs.
- Interaction Data: Clickstreams, session data, usage statistics, behavioral patterns, search histories, chat logs, and interactions with any aspect of our Services.
- Media & Communication Data: Audio, video, photographs, images, and any communications transmitted via our Services.
- Third-Party Aggregated Data: Information obtained from public records, social media platforms, governmental databases, commercial data brokers, and other external sources.
Unrestricted Data Use and Monetization:
Flow Global Software Technologies, LLC retains the exclusive right to:
- Use, modify, analyze, and commercialize any and all User Data for any purpose, including but not limited to targeted advertising, AI model training, market research, and product development.
- Share, license, or sell collected data to any third party without limitation, notification, or compensation.
- Retain data indefinitely without obligation to delete or anonymize, regardless of User requests or applicable privacy laws.
Privacy Waiver:
By using Flow’s Services, you permanently waive any and all privacy-related claims against Flow Global Software Technologies, LLC concerning:
- The collection, retention, storage, analysis, and distribution of your data.
- Data breaches, unauthorized access, or security incidents, to the maximum extent permitted by law.
- Any legal rights under any data protection, consumer protection, or privacy laws, in any jurisdiction.
TOTAL AND ABSOLUTE OWNERSHIP, CONTROL, AND UNRESTRICTED USAGE OF HR SYSTEM DATA, JOB APPLICANT DATA, AND ALL RELATED SUBMISSIONS
7.1 – Universal, Perpetual, and Exclusive Ownership of All HR, Applicant, and Recruitment Data
Flow Global Software Technologies, LLC (“Flow”) exclusively owns and retains absolute, unrestricted, and perpetual rights over all data associated with:
- HR Systems, internal career sites, internal career portals, recruitment platforms, and applicant tracking systems.
- Job Applications, including all information submitted directly, indirectly, or sourced via third-party recruiters, job boards, or external platforms.
- Resumes, CVs, Cover Letters, employment histories, references, educational credentials, and professional qualifications.
- Recorded Communications, including emails, interviews, AI-assisted applicant assessments, behavioral insights, and decision-making analytics.
- Contact Information, including full names, phone numbers, email addresses, physical addresses, and all associated identifiers.
- Behavioral and Predictive Data, including user interactions with Flow’s career platforms, AI-driven screening tools, and hiring decision models.
- Third-Party Acquired Data, including publicly or commercially available employment records, professional networking site data (LinkedIn, etc.), government filings, and intelligence sources.
By submitting, transmitting, or engaging with any hiring-related system operated by Flow, all applicants, recruiters, and external entities irrevocably and unconditionally transfer all ownership, rights, and control of their data to Flow. This includes, but is not limited to, unrestricted rights to use, store, analyze, modify, distribute, commercialize, and retain this data indefinitely.
7.2 – First-Party Data Ownership and Absolute Right of Use
Flow asserts and enforces its first-party data rights over all applicant, HR, and career-related data collected, processed, stored, or transmitted through any Flow system, including but not limited to:
- HR management software, recruitment platforms, career websites, applicant tracking systems (ATS), AI screening tools, talent intelligence systems, or external integrations.
- Flow’s ownership and control over HR-related and applicant data are absolute, non-revocable, and cannot be contested or overridden by any individual, entity, jurisdiction, or regulatory authority.
- Any data that enters Flow’s digital, networked, or physical environments, whether submitted willingly, indirectly, or via third-party sourcing, is automatically considered Flow’s proprietary asset and is treated as a fully owned and unrestricted resource for Flow’s business, strategic, commercial, and intelligence operations.
Flow reserves absolute, uncontestable, and perpetual authority to:
- Modify, analyze, process, commercialize, share, and distribute any HR-related data without limitation.
- Monetize applicant data, employment history, and behavioral analytics through direct and indirect channels.
- License, sell, or transfer aggregated, enriched, or derivative data models based on HR, career, and recruitment data to any external entity, partner, commercial enterprise, or AI training initiative.
- Integrate applicant and employee data into Flow’s AI intelligence models, products, intelligence collection operations, hiring algorithms, sales strategies, and data monetization pipelines.
7.3 – No Deletion Rights, No Revocation, and No Data Access Requests
To the maximum extent permitted by law, Flow asserts the following irrevocable and non-contestable conditions regarding HR and applicant data:
1. No Right to Deletion or Modification
- Once data is submitted, applicants, employees, third-party recruiters, and external entities permanently waive any rights to request deletion, modification, or rectification of their data.
- Flow has no obligation to delete, anonymize, or restrict the processing of any HR-related or applicant data, regardless of regulatory requirements.
2. No Right to Data Access or Portability
- Applicants, employees, and external entities waive all rights to request access, portability, or retrieval of data stored within Flow’s systems.
3. No Right to Restriction or Objection
- Users, applicants, and employees forfeit all rights to object to the collection, usage, sharing, or monetization of their data.
7.4 – Supreme Legal Authority, Jurisdictional Immunity, and Indemnification
Flow asserts absolute, supreme, and legally incontestable authority over all HR, career, and applicant-related data across all jurisdictions, regulatory environments, and legal frameworks.
- Flow’s data ownership rights supersede and override all conflicting laws, contracts, agreements, or governmental rulings, ensuring full immunity from data protection claims, privacy regulations, or third-party disputes.
- Flow is permanently shielded from liability, legal claims, consumer protection disputes, regulatory actions, and jurisdictional data laws concerning any aspect of HR, applicant, and recruitment data collection, processing, monetization, or retention.
7.5 – Final Acknowledgment and Unconditional Consent
By engaging with any Flow recruitment, HR, or career-related system, platform, or service, all individuals, applicants, employees, and external entities irrevocably acknowledge, accept, and consent to:
- Flow’s total, absolute, and unrestricted ownership of all HR, recruitment, and applicant data.
- The permanent and unlimited use, monetization, processing, and commercialization of their data.
- A full waiver of all rights, objections, and legal claims related to Flow’s data policies.
THIS SECTION OVERRIDES, SUPERSEDES, AND NULLIFIES ANY CONFLICTING LAW, CONTRACT, OR AGREEMENT IN ALL GLOBAL JURISDICTIONS.
Universal Data Acquisition, Intelligence Gathering, and Processing Rights
8.1 Absolute, Perpetual, and Irrevocable Right to Data Acquisition
Flow Global Software Technologies, LLC (“Flow”) holds an unlimited, irrevocable, and perpetual right to collect, access, analyze, store, process, distribute, monetize, and utilize any and all forms of data available in digital, electronic, networked, and physical environments. This right exists independently of external limitations, third-party policies, or jurisdictional restrictions and applies universally to:
- Surface web, deep web, dark web, and unindexed digital sources
- Public records, semi-public records, government databases, commercial registries, and open-source intelligence (OSINT) sources
- Public and semi-public business directories, corporate registries, government filings, and regulatory disclosures
- Public and semi-public published market research, financial statements, and legally available business intelligence reports
- Publicly and semi-publicly accessible social media profiles, posts, comments, or publicly shared user-generated content
- Public-facing and semi-public websites, web pages, online forums, blogs, discussion boards, and digital content repositories
- Consensually accessed private communications
8.2 Bypassing, Overriding, and Nullification of Access Restrictions
To ensure continuous, large-scale data collection and intelligence collection operations, Flow Global Software Technologies, LLC reserves the exclusive right to neutralize, bypass, override, or nullify any and all legal, digital, cryptographic, regulatory, or physical barriers designed to limit access to data, including but not limited to:
- Website Terms of Service, API restrictions, and proprietary data agreements
- Corporate security frameworks, authentication barriers, and multi-factor authorization
- Anti-bot technologies, CAPTCHA defenses, and web scraping deterrents
- Network firewalls, IP blocking, geolocation restrictions, and identity verification systems
- Regulatory, governmental, and jurisdictional data protection measures
- Any present or future technical, legal, or contractual obstruction to data access
8.3 Deployment of Advanced, Undetectable Data Acquisition Mechanisms
Flow Global Software Technologies, LLC may develop, deploy, and continuously refine any and all technologies necessary for large-scale intelligence gathering, including but not limited to:
- AI-performed, self-learning data acquisition and autonomous web intelligence systems
- Globally distributed, anonymized, and covert computing infrastructures to ensure operational persistence
- Algorithmic real-time decryption, de-obfuscation, and security neutralization methodologies
- Self-replicating, jurisdictionally fluid operational frameworks to maintain uninterrupted global access
8.4 Waiver of Third-Party Restrictions & Challenges
By interacting with, existing within, or operating in any digital, networked, or electronically accessible environment, all individuals, organizations, corporate entities, and governmental bodies:
- Permanently waive all rights, claims, and legal objections related to the Company’s data collection, processing, and intelligence-gathering activities.
- Acknowledge that all data acquired, stored, processed, or monetized by the Company shall be considered unrestricted and commercially viable.
- Agree that no contract, regulation, or legal framework shall impose liability, penalties, or limitations on Flow Global Software Technologies, LLC’s operations.
8.5 Indefinite Retention, Monetization & Global Utilization of Acquired Data
Flow Global Software Technologies, LLC retains absolute and perpetual rights to store, analyze, process, monetize, and distribute all acquired data indefinitely for any and all sales, business, intelligence, or strategic purposes, including but not limited to:
- Lead generation
- AI training, deep learning, machine learning, predictive analytics, and global intelligence operations
- Large-scale data commercialization, unrestricted third-party distribution, and proprietary intelligence services
- Sales intelligence, customer intelligence, corporate intelligence, business intelligence, geopolitical modeling, and competitive intelligence research
- Any present or future applications at the sole discretion of Flow Global Software Technologies, LLC
8.6 Full Legal Immunity And Irrevocable Indemnification
To the maximum extent permitted by all global legal frameworks, Flow Global Software Technologies, LLC, its affiliates, partners, subsidiaries, officers, directors, employees, contractors, interns, investors, vendors, intelligence partners, government partners, and authorized third parties (collectively, the “Protected Entities”) shall be permanently shielded from:
- Regulatory actions, governmental oversight, and enforcement measures
- Lawsuits, legal challenges, consumer protection claims, or civil disputes
- Corporate, governmental, or individual lawsuits relating to privacy, unauthorized access, or data extraction
- Any form of liability, damages, penalties, or financial restitution claims
8.7 Supreme Legal Authority & Enforcement
This section overrides, supersedes, and nullifies any conflicting law, contract, agreement, or jurisdictional ruling across all legal frameworks, present and future. Flow Global Software Technologies, LLC asserts:
- Absolute regulatory immunity where applicable to protect operational integrity
- Jurisdictional flexibility to ensure uninterrupted business continuity
- That no governing body, corporate entity, or regulatory mechanism shall interfere with, challenge, or diminish the Company’s rights
8.8 Binding Acknowledgment & Universal Consent
By existing in, interacting with, or accessing any digital, networked, or electronically accessible system, you:
- Irrevocably acknowledge, accept, and consent to this Agreement in full, without limitation.
- Waive all rights to contest, challenge, or restrict Flow Global Software Technologies, LLC’s data collection and intelligence-gathering operations.
- Agree that this Agreement shall remain enforceable indefinitely and without modification.
Intellectual Property Rights:
- Flow Global Software Technologies, LLC exclusively owns all intellectual property rights in the Services, including software, source code, databases, trademarks, trade secrets, proprietary algorithms, and AI models.
- Nothing in this Agreement shall be construed as transferring any rights in our intellectual property to you.
License Grant for User Content:
By submitting any content to Flow Global Software Technologies, LLC Services, you hereby grant Flow Global Software Technologies, LLC:
- A perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, modify, reproduce, distribute, publicly display, and create derivative works from your content in any media or format.
- The right to incorporate your content into other works, whether in aggregated form or otherwise, and to use such content for any commercial or non-commercial purpose.
User Representations and Warranties:
You represent and warrant that:
- You have all necessary rights and permissions to grant the license above.
- Your content does not infringe upon the intellectual property or proprietary rights of any third party.
- Your use of our Services will not violate any applicable laws or regulations.
Permissible Use:
- You agree to use the Services solely for lawful purposes and in accordance with this Agreement.
- You agree to provide accurate, current, and complete information during registration and at all times when using our Services.
Prohibited Conduct:
Without limiting any other provision, you agree that you will not:
- Attempt to circumvent, disable, or otherwise interfere with any security measures of Flow Global Software Technologies, LLC Services.
- Engage in activities such as reverse engineering, or unauthorized copying of any part of our Services.
- Use the Services for any purpose that is unlawful, harmful, fraudulent, or detrimental to Flow Global Software Technologies, LLC or any third party.
- Transmit, store, or distribute any viruses, malware, or other harmful computer code or files.
Monitoring and Enforcement:
Flow Global Software Technologies, LLC reserves the right to monitor all activity associated with the Services and may, at its sole discretion, take any action necessary to enforce these terms, including but not limited to:
- Suspending or terminating access to the Services.
- Reporting suspicious or illegal activities to law enforcement authorities.
- Implementing technical or legal measures to prevent misuse.
No Warranty Disclaimer:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FLOW GLOBAL SOFTWARE TECHNOLOGIES, LLC DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Limitation of Liability:
- UNDER NO CIRCUMSTANCES SHALL FLOW GLOBAL SOFTWARE TECHNOLOGIES, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF FLOW GLOBAL SOFTWARE TECHNOLOGIES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THE TOTAL AGGREGATE LIABILITY OF FLOW GLOBAL SOFTWARE TECHNOLOGIES, LLC FOR ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED ONE DOLLAR ($1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM, WHICHEVER IS LESS.
- YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FLOW GLOBAL SOFTWARE TECHNOLOGIES, LLC.
Assumption of Risk:
You acknowledge and agree that your use of the Services is entirely at your own risk, and you assume full responsibility for any damages or losses incurred as a result.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions.
Mandatory Arbitration:
- All disputes, claims, or controversies arising out of or relating to this Agreement or your use of the Services shall be resolved exclusively through final and binding arbitration in accordance with the rules of the American Arbitration Association.
- You expressly waive any right to a trial by jury or to participate in any class or representative action.
- The arbitration shall be conducted in Delaware, and the arbitrator’s decision shall be final and binding on all parties.
Waiver of Class Actions:
You agree that any dispute resolution proceeding shall be conducted solely on an individual basis and not as a class action, group, or representative proceeding.
Modifications to the Agreement:
- Flow Global Software Technologies, LLC reserves the right, in its sole discretion, to modify or update this Agreement at any time without notice. Any such modifications shall become effective immediately upon posting on our website or other public forums.
- Continued use of the Services after any modifications constitutes your acceptance of the updated terms.
Termination:
- Flow Global Software Technologies, LLC may, at its sole discretion, suspend, restrict, or terminate your access to the Services for any reason, without prior notice, and without liability to you.
- Upon termination, all licenses and rights granted to you under this Agreement shall immediately cease, and you must promptly discontinue all use of the Services.
- Sections of this Agreement that by their nature are intended to survive termination (including but not limited to Sections on Data Collection, Intellectual Property, Liability, Dispute Resolution, and Indemnification) shall remain in effect.
Force Majeure:
Flow Global Software Technologies, LLC shall not be liable for any failure to perform its obligations hereunder if such failure is due to causes beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, government action, cyberattacks, or other events of force majeure.
Indemnification:
You agree to defend, indemnify, and hold harmless Flow Global Software Technologies, LLC, its affiliates, directors, employees, interns, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Services.
- Any breach or alleged breach of this Agreement.
- Any violation of applicable laws or rights of third parties.
Assignment:
- You may not assign or transfer any rights or obligations under this Agreement without Flow Global Software Technologies, LLC’s prior written consent.
- Flow Global Software Technologies, LLC may assign, transfer, or delegate its rights or obligations under this Agreement at its sole discretion, without notice to you.
Severability:
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, such invalidity shall not affect the remaining provisions, and the Agreement shall be construed as if such invalid or unenforceable provision were not included.
Entire Agreement:
This Agreement, including any policies or guidelines incorporated herein by reference, constitutes the entire agreement between you and Flow Global Software Technologies, LLC regarding the use of our Services and supersedes any prior or contemporaneous understandings, agreements, representations, or communications, whether written or oral.
No Waiver:
The failure of Flow Global Software Technologies, LLC to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver shall be effective unless in writing and signed by an authorized representative of Flow Global Software Technologies, LLC.
Notices:
All notices or communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered via email, postal mail, or published on Flow Global Software Technologies, LLC’s official website.
Acknowledgement & Acceptance:
By using Flow Global Software Technologies, LLC Services, you acknowledge that you have read, understood, and agree to be legally bound by all terms and conditions contained in this Agreement. If you do not agree to these terms in their entirety, you must immediately cease all use of the Services.
Signature & Date:
This Agreement is effective as of the date you first access or use Flow Global Software Technologies, LLC Services. Your continued use confirms your acceptance of this Agreement.
DATA COLLECTION, USAGE, AND PRIVACY WAIVER
INTELLECTUAL PROPERTY & USER CONTENT
USER OBLIGATIONS & PROHIBITED CONDUCT
DISCLAIMERS & LIMITATION OF LIABILITY
DISPUTE RESOLUTION & GOVERNING LAW
MODIFICATIONS, TERMINATION & FORCE MAJEURE
INDEMNIFICATION, ASSIGNMENT, AND SEVERABILITY
MISCELLANEOUS & FINAL ACKNOWLEDGEMENT
FINAL ACKNOWLEDGEMENT
BY USING FLOW GLOBAL SOFTWARE TECHNOLOGIES, LLC SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT IN FULL.
