scoutfy Terms of service

Terms of use

Version: 1.0 Effective date: 24 October 2026 Last updated: 24 October 2026

These Terms of Use are a binding agreement between you, as a business customer, and the Provider identified in Section 1. Please read Section 6 (AI Features), Section 17 (Limitation of Liability) and Section 18 (Suspension, Enforcement and Termination) with particular care, because they allocate risk between us.

1. Who we are and what this document is

1.1 The Provider. The Service is operated by Katsiaryna Andryianava, an individual entrepreneur (empresaria individual / autónoma) established in Spain, tax identification number (NIE) Y7544167C, with a registered address at Lugar do Pousadoiro 3, As Neves, 15613 A Capela, A Coruña, Spain and contact address legal@scoutfy.io (“Provider”, “we”, “us”).

1.2 The Customer. These Terms apply to the legal entity or individual entrepreneur that registers for or uses the Service (“Customer”, “you”). The Service is offered only to businesses and other organisations acting in the course of their professional activity. It is not offered to consumers, and the protective rules of consumer law do not apply to this agreement.

1.3 Acceptance. You accept these Terms by clicking “I agree” (or an equivalent control) during registration, by placing an order, or by accessing or using the Service. If you accept on behalf of an organisation, you confirm that you have authority to bind that organisation, and “Customer” means that organisation.

1.4 Structure of the agreement. The agreement between you and us (the “Agreement”) consists of: (a) these Terms of Use; (b) the Data Processing Agreement, which is incorporated by reference and available at https://scoutfy.io/dpa; (c) the plan, limits and prices published on our pricing page at https://scoutfy.io/pricing; (d) our Privacy Policy at https://scoutfy.io/privacy; and (e) for Enterprise customers, any signed order form or subscription agreement.

1.5 Order of precedence. If there is a conflict, the following order applies: (i) a signed Enterprise order form or subscription agreement; (ii) the Data Processing Agreement, in respect of the processing of personal data; (iii) these Terms of Use; (iv) the pricing page and product documentation.

1.6 No agency. Nothing in the Agreement creates a partnership, joint venture, employment or agency relationship between the parties. We are not a recruitment agency, an employer of record, or an adviser on employment matters.

2. Definitions

In the Agreement, the following terms have the meanings set out below. Defined terms are capitalised.

“Account” means the workspace created for a Customer on the Service, including all Users, Jobs, Applications and settings belonging to it.

“Administrator” or “Admin” means a User with the highest level of permissions in an Account, including the right to invite and remove Users, change settings, and request deletion of the Account.

“AI Features” means those parts of the Service that use artificial intelligence or machine learning to process text, as described in Section 6.

“AI Output” means any structured profile, category, score, written justification, summary or other result generated by an AI Feature.

“Applicant” or “Candidate” means a natural person who submits an Application through the Service or whose data is otherwise entered into the Service by the Customer.

“Application” means a submission made by or on behalf of a Candidate in respect of a Job, including any CV, cover letter, screening answers and attachments.

“Applicable Data Protection Law” means Regulation (EU) 2016/679 (“GDPR”), Spanish Organic Law 3/2018 (LOPDGDD), and any other data protection or privacy legislation applicable to a party’s processing of personal data under the Agreement.

“Billing Period” means the monthly or annual period for which the Customer has paid Fees under its current Plan.

“Candidate Data” means personal data relating to Candidates that is processed by the Provider on behalf of the Customer through the Service. It does not include personal data that the Provider processes as controller under Section 7.2.

“Customer Content” means all data, text, files, documents and other material uploaded to, generated in, or transmitted through the Service by the Customer, its Users, or Candidates applying to the Customer’s Jobs – including Applications, CVs, comments, scorecards, email content, Job descriptions and AI Output relating to the Customer’s Candidates.

“DPA” means the Data Processing Agreement referred to in Section 1.4(b).

“Documentation” means the product and API documentation we publish for the Service, as updated from time to time.

“Fees” means the amounts payable for the Service under the Customer’s Plan or Enterprise order form.

“Job” means a vacancy or role created in the Service, together with its public application page and settings.

“Plan” means the subscription tier selected by the Customer (currently Core, Growth, Scale or Enterprise), including its Plan Limits and price as published on the pricing page or agreed in an Enterprise order form.

“Plan Limits” means the quantitative limits applicable to a Plan, such as the number of Users, the number of Applications per period and the number of AI analyses per period, as published on the pricing page.

“Service” or “Scoutfy” means the Scoutfy applicant tracking software-as-a-service platform made available at https://scoutfy.io and related subdomains, together with its APIs, webhooks, embeddable widget, job feeds, candidate portal, and any associated documentation and support.

“User” means an individual authorised by the Customer to access the Service under the Customer’s Account, holding an Administrator, Recruiter or Interviewer role.

3. The Service

3.1 What the Service does. Scoutfy is an applicant tracking system for employers. Its functionality currently includes: creation and publication of Jobs and public application pages; a hosted careers page; AI-assisted screening of Applications; a kanban pipeline (New → Reviewing → Interview → Offer → Hired → Rejected); search, tagging and bulk actions; internal comments and an activity feed; email to Candidates using templates, rules and manual or automatic sending; interview scheduling with time slots and booking links; scorecards; offer tracking; a metrics dashboard; a Candidate portal; data protection tooling (export, deletion, retention settings and anonymisation); a REST API and webhooks; XML/JSON job feeds; an embeddable widget and application form; CSV import and export; and ICS calendar invitations.

3.2 Licence to use the Service. Subject to the Agreement and to payment of the Fees, we grant the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term, for the Customer’s own internal recruitment purposes (or, where Section 5.2(i) applies, for recruitment carried out for the Customer’s own clients) and within its Plan Limits.

3.3 The Service will change. Scoutfy is actively developed. We may add, modify, improve, re-price on renewal, or discontinue features, integrations and interfaces. We will not make changes that materially degrade the core functionality of the Service during a paid Billing Period without giving the Customer notice under Section 20. Features which are new, optional or labelled as beta are governed by Section 11.

3.4 Provisioning. The Service is provided as hosted software. We do not deliver source code, and the Customer receives no rights other than the right of use described in Section 3.2.

3.5 Languages. The user interface is available in English, Spanish, French and German. Except as stated in Section 3.6, non-English interface text, notifications and documentation may be produced by machine translation and are provided for convenience only, and the English version of the interface, the Documentation and all legal documents (including these Terms and the DPA) prevails in the event of any discrepancy.

3.6 Candidate-facing notices. Section 3.5 does not apply to the notices we display to Candidates in the application flow and in the Candidate portal, including the notice that an Application will be analysed by AI, the page describing how the AI Features work, the wording used to obtain a Candidate's agreement to have an Application kept on file, and the transactional emails we send to Candidates on the Customer's behalf. We make those notices available in the languages in which the Service's Candidate-facing pages are offered, in a version reviewed by a person rather than produced solely by machine translation, so that they meet the requirement of Article 12(1) GDPR that information be intelligible and in clear and plain language. Where the Customer configures its Jobs in a language we do not support, the Customer is responsible for providing equivalent information to its Candidates in that language.

4. Accounts, Users and security

4.1 Registration. The first individual to register a company on the Service creates the Account and becomes its Administrator. Additional Users join by invitation only.

4.2 Roles. The Service provides three User roles – Administrator, Recruiter and Interviewer – with different permissions as described in the Documentation. The Customer is responsible for assigning roles appropriately and for reviewing them when a User’s responsibilities change.

4.3 Candidates do not have Accounts. Candidates are not Users and do not have an Account on the Service. A Candidate applies through a public link, an embedded form or an application page. After confirming their email address through a magic link, a Candidate may use the Candidate portal to follow the status of their own Applications and to manage the limited profile we keep for that purpose (“Portal Access”). Portal Access is limited to that Candidate’s own Applications and gives no access to the Customer’s Account, to Jobs, or to any other Candidate’s data. We operate Portal Access as controller, as described in Section 7.2. A Candidate may ask us to delete their Portal Access and the data we hold as controller for it; such deletion does not affect Applications and other Customer Content held in the Customer’s Account, which remain under the Customer’s sole control and are deleted only on the Customer’s instruction or under the Customer’s retention settings.

4.4 Responsibility for Users. The Customer is responsible for all activity carried out under its Account, including acts and omissions of its Users, and for ensuring that Users comply with the Agreement. The Customer must keep access credentials and magic links confidential, must not share User seats between individuals, and must promptly deactivate Users who leave or change role.

4.5 Security incidents on the Customer side. The Customer must notify us without undue delay at support@scoutfy.io if it becomes aware of unauthorised access to its Account.

4.6 Contact for notices. We send operational, billing, legal and security notices to the email addresses of the Customer’s Administrators. The Customer must keep at least one Administrator email address valid and monitored.

5. Customer obligations and Acceptable Use

5.1 General. The Customer must use the Service in accordance with the Agreement, the Documentation and all applicable law, including employment law, anti-discrimination law, data protection law and the rules governing job advertising in the relevant jurisdictions.

5.2 Acceptable Use Policy. The Customer must not, and must not permit any User or third party to:

  • use the Service for any unlawful, fraudulent, deceptive or misleading purpose, including publishing Jobs for positions that do not exist, or collecting Candidate data for purposes other than a genuine recruitment process;
  • operate discriminatory screening – that is, configure Jobs, screening questions, filters, rules or AI Features so as to exclude, disadvantage or select Candidates on the basis of characteristics protected under applicable law, or use the Service to implement any such policy;
  • send unsolicited bulk or commercial messages to Candidates, or use Candidate contact details obtained through the Service for marketing or any purpose unrelated to the recruitment process for which they were provided;
  • scrape, crawl, harvest or systematically extract data from the Service other than through the API or export features and within their documented limits;
  • circumvent or attempt to circumvent Plan Limits, rate limits, quotas, authentication, tenant isolation or any other technical or contractual restriction, including by creating multiple Accounts, sharing seats, or splitting usage across Accounts;
  • reverse engineer, decompile or disassemble the Service, or attempt to derive its source code, models, prompts or architecture, except to the extent this restriction is prohibited by mandatory law;
  • use the Service to build, train or benchmark a competing product or service, or provide access to a competitor for that purpose;
  • use the Service, except as permitted under paragraph (i) below, other than as an applicant tracking system for the Customer’s own recruitment – for example as a general-purpose CRM, contact database, file store, mailing platform, or vetting tool applied to persons who are not Candidates in a live process;
  • resell, sublicense, rent;
  • upload or transmit malware, malicious code, or content that infringes third-party rights, is defamatory, obscene, or otherwise unlawful; or
  • probe, scan, overload or interfere with the Service, its infrastructure, or other customers’ tenants, or attempt to access data belonging to another customer.

5.3 Lawful basis and Candidate notices. The Customer is solely responsible for establishing a lawful basis for processing Candidate Data, for providing Candidates with the information required by Articles 13 and 14 GDPR, for handling data subject requests directed at it, and for configuring retention settings appropriately. The Customer must provide that information in a language its Candidates understand, in accordance with Article 12(1) GDPR, taking into account the countries and languages its Jobs are addressed to; the notices we display under Section 3.6 supplement the Customer's own information notice and do not replace it. We provide tooling to support these obligations; we do not perform them for the Customer.

5.4 Content of Jobs and communications. The Customer is responsible for the content of its Jobs, careers page, screening questions, email templates and messages to Candidates, and for ensuring that its selection criteria are lawful, relevant to the role, and non-discriminatory.

5.5 Cooperation. The Customer will provide reasonable cooperation and information we need to investigate suspected breaches of this Section 5 or security incidents affecting its Account.

6. AI Features

6.1 What the AI Features do. The Service includes AI Features that use a large language model provided by Anthropic PBC (“Claude”) through its API to analyse text. The AI Features currently:

  • parse a CV and other Application text into a structured profile (for example skills, experience, education, technologies and contact details); and
  • compare an Application against the Job and return (i) a category – strong match, match, needs review or low match; (ii) a numerical score between 0 and 100; and (iii) a short written justification referring to the content of the Application.

6.2 The AI does not make hiring decisions. The AI Features categorise, score and explain. They do not advance, reject, rank into a final order, contact, or otherwise dispose of any Candidate, and the Service does not provide any function by which an AI Output alone causes a Candidate to be advanced or rejected. Every decision affecting a Candidate – including a decision not to proceed – requires an affirmative action by a human User of the Customer.

6.3 Customer obligations: human review. The Customer must:

  • ensure that a competent human being reviews Applications and AI Output before any decision affecting a Candidate is taken, and that this person has the authority and the information needed to disregard the AI Output;
  • not use AI Output as the sole basis for any decision affecting a Candidate, and not configure its internal processes so that AI Output is treated as determinative;
  • not use the AI Features to produce, or to give effect to, any decision based on characteristics protected under applicable law;
  • assign human review responsibility to Users who have the necessary competence, training and authority; and
  • inform Candidates about the use of AI in its recruitment process to the extent required by applicable law, in addition to the notice we present in the application flow.

6.4 Why this matters. These obligations exist so that the Customer’s use of the Service does not amount to a decision based solely on automated processing within the meaning of Article 22 GDPR, and so that the Customer can discharge its own obligations as a deployer of an AI system under Regulation (EU) 2024/1689 (the EU AI Act) and comparable laws. The Customer, not the Provider, is the deployer of the AI Features in its recruitment process. This Section is not legal advice; the Customer is responsible for obtaining its own advice on the rules applicable to its recruitment activity.

6.5 Responsibility for selection criteria and decisions. The Customer is solely responsible for its selection criteria, for the lawfulness of those criteria, for the weight it gives to any AI Output, and for all hiring and rejection decisions. The Provider takes no part in, and accepts no responsibility for, the Customer’s recruitment decisions or their consequences.

6.6 AI Output is probabilistic. AI Output is generated by a statistical model. It may be incomplete, inaccurate, inconsistent between runs, or unsuitable for a particular role or Candidate. We do not warrant the accuracy, completeness, fairness, reliability or fitness for purpose of any AI Output, and the AI Features are provided on an “as is” basis. The Customer must verify AI Output against the underlying Application before relying on it.

6.7 Transparency to Candidates. We publish a plain-language page describing how the AI Features work at https://scoutfy.io/how-the-ai-works. Candidates are informed at the point of application that their Application will be analysed by AI, and confirm that they have seen this notice. The Customer must not remove, obscure or materially weaken this notice or the link to that page.

6.8 Limits on AI usage. The number of AI analyses available in a Billing Period is set by the Customer’s Plan Limits. Section 8.6 applies when those limits are exhausted.

6.9 No video or audio analysis. The AI Features currently analyse text only. The Service does not perform automated analysis of video or audio recordings of Candidates, and does not perform emotion recognition or biometric categorisation.

6.10 Evolution of the AI Features. We may change the underlying model or model provider, adjust prompts, scoring behaviour or output formats, and add or withdraw AI Features. Where a change would materially alter how AI Output is produced or presented, we will describe it on the page referred to in Section 6.7. Sections 6.2 to 6.6 apply to any AI Feature we make available in the future, including features that go beyond CV parsing and matching.

6.11 Model training. Under our contract with our AI sub-processor, Customer Content submitted to the AI Features is not used to train or improve that provider’s generally available models. This obligation is reflected in Section 6.7 of the DPA and in Annex III to the DPA.

7. Data protection roles

7.1 Candidate Data – Customer as controller. In respect of Candidate Data and of any other Customer Personal Data as defined in the DPA, the Customer is the controller and the Provider is a processor. This processing is governed by the DPA, which forms part of the Agreement.

7.2 Employer account data – Provider as controller. In respect of (a) the registration, administration, billing, support and security of Customer Accounts and User accounts, and (b) the email verification performed when a Candidate have a Portal Access, and (c) aggregated and anonymised data generated as described in Section 13.4, the Provider acts as controller, and its Privacy Policy applies.

7.3 Consistency. These roles mirror those described in our Privacy Policy. Where the DPA and these Terms differ on a matter of personal data processing, the DPA prevails.

8. Plans, Fees and payment

8.1 Plans. The Service is offered under Plans that differ only in their Plan Limits; the functional scope of the Service is the same across self-service Plans. Current Plans, Plan Limits and prices are published at https://scoutfy.io/pricing and may be updated as provided in Section 8.9.

8.2 Self-service subscriptions. Self-service subscriptions are purchased and paid through Stripe Checkout, on a monthly or annual basis. Annual subscriptions are billed in advance and are currently offered at a discount to twelve monthly payments, as stated on the pricing page.

8.3 Automatic renewal. Subscriptions renew automatically at the end of each Billing Period for a further period of the same length, at the price then applicable, until cancelled.

8.4 Cancellation. The Customer may cancel at any time through the Stripe Billing Portal linked from the Service. Cancellation takes effect at the end of the Billing Period in which it is made; the Service remains available until then. Fees already paid are not refunded, in whole or in part, for any unused portion of a Billing Period, except where the Agreement expressly provides otherwise (Sections 18.7, 18.8 and 20.2 of these Terms, and Section 6.5 of the DPA) or where a refund is required by mandatory law.

8.5 Enterprise. Enterprise Plans are not available for self-service purchase. They are agreed individually and invoiced. Where the Customer and the Provider sign an order form or subscription agreement, the terms of that document prevail over conflicting provisions of these Terms.

8.6 Exceeding Plan Limits. Plan Limits are enforced as follows:

  • where usage approaches or exceeds a Plan Limit, we may notify the Customer and propose an upgrade to a Plan that accommodates its usage;
  • AI analyses in excess of the Plan Limit are not performed until the start of the next Billing Period or until the Customer upgrades; the rest of the Service continues to function;
  • for other limits (such as Users or Applications per period), we may prevent the creation of further items beyond the limit, or suspend the excess usage, after notifying the Administrator; and
  • if the Customer repeatedly exceeds its Plan Limits and does not upgrade, we may upgrade the Customer to the lowest-priced Plan that accommodates its actual usage from the start of the next Billing Period, having given the Customer at least fourteen (14) days’ notice and the opportunity to reduce usage instead.

We will not apply retroactive overage charges for usage already incurred.

8.7 Taxes. All prices are stated exclusive of value added tax and of any withholding. The Customer is responsible for all taxes, duties and levies arising in connection with its purchase, other than taxes on the Provider’s income. Where the reverse charge mechanism applies to supplies to VAT-registered businesses in other EU Member States, the Customer must provide a valid VAT identification number and account for VAT itself. If the Customer is required by law to withhold any amount, the Fees payable will be increased so that we receive the amount we would have received without the withholding.

8.8 Late payment. If a payment fails or is not made when due, we will notify the Customer by email to its Administrators, by a notice displayed in the Service, or both; a notice displayed in the Service when a User next logs in is sufficient notice for this purpose. If the amount remains unpaid seven (7) days after that notice, we may suspend access to the Account until payment is made. We may also charge interest at the rate provided by Spanish Law 3/2004 of 29 December on measures to combat late payment in commercial transactions.

8.9 Price changes. We may change prices for future Billing Periods. For monthly subscriptions, a price change takes effect no earlier than thirty (30) days after we notify the Customer; for annual subscriptions, no earlier than the next renewal date, with at least thirty (30) days’ notice before that date. If the Customer does not accept a price change, its remedy is to cancel before the change takes effect.

9. Trials

9.1 Invitation only. Trials are available only to Customers who receive an invitation code from us.

9.2 Trial scope. Unless we state otherwise in writing, a trial lasts seven (7) days and is limited to three (3) Jobs, twenty (20) Applications, five (5) AI analyses and four (4) User seats.

9.3 “As is”. Trials are provided free of charge, “as is” and “as available”, without any warranty, support commitment or availability commitment, and we may modify, restrict or terminate a trial at any time and for any reason. Sections 15 and 17 apply with full force to trials, and our aggregate liability in respect of a trial is limited to the amount actually paid by the Customer for the Service, which for a free trial is zero, save for liability that cannot be excluded under Section 17.5.

9.4 What happens to trial data. If the Customer does not purchase a Plan, we may delete all Customer Content created during the trial thirty (30) days after the trial ends. The Customer should export any data it wishes to keep before that point. If the Customer purchases a Plan before deletion, its trial data is retained in the Account. This is subject to the Customer’s right under Section 10.3 of the DPA to request return of the data before deletion.

10. Availability, support and no service levels

10.1 “As is / as available”. The Service is provided “as is” and “as available”. We give no uptime commitment, no service level agreement and no service credits.

10.2 Reasonable efforts. We will use reasonable efforts to keep the Service available and to resolve material faults within a reasonable time, taking into account the nature of our business as a small provider. This is an obligation of means, not of result, and no specific availability figure is promised.

10.3 Maintenance and interruptions. We may carry out planned or emergency maintenance, and the Service may be unavailable as a result. We will try to schedule planned maintenance outside typical business hours in the European Union and to give advance notice where practicable.

10.4 Support. Support is provided by email at support@scoutfy.io during normal business hours in Spain, on business days. We do not offer 24/7 support, a guaranteed response time, a named contact, or on-call escalation. Enterprise order forms may provide otherwise.

10.5 Matters outside our control. We are not responsible for unavailability caused by the Customer’s systems or network, the Customer’s configuration, third-party services referred to in Section 12, force majeure, or the Customer’s breach of the Agreement.

11. API, webhooks, widget, job feeds and beta features

11.1 Use as documented. The REST API, webhooks, embeddable widget, application form and XML/JSON job feeds must be used in accordance with the Documentation, within published rate limits, and within Plan Limits.

11.2 API credentials. API tokens are issued with scopes. The Customer must issue tokens with the narrowest scope necessary, keep them confidential, rotate them if compromised, and revoke tokens that are no longer needed. Activity carried out with the Customer’s tokens is attributed to the Customer.

11.3 Webhooks. Webhook deliveries are signed. The Customer is responsible for verifying signatures, handling retries and duplicates idempotently, and keeping its endpoints available; we are not liable for events that cannot be delivered to an endpoint that is unavailable or misconfigured.

11.4 Changes to interfaces. We may change the API, webhooks, widget and feeds. For changes that are not backward compatible, we will give reasonable prior notice – normally at least thirty (30) days – by email to Administrators or in the Documentation, except where a shorter period is required to address a security or legal issue.

11.5 Feature flags and beta features. Some features are made available behind feature flags, or as alpha, beta, preview or early-access features (including, at present, integrations built but not enabled, such as automation-platform connectors). Such features are provided “as is”, may contain defects, may change or be withdrawn at any time without notice, are excluded from any support commitment, and their use is at the Customer’s own risk. We may exclude beta features from availability expectations and, so far as permitted by law, we accept no liability arising from their use.

11.6 No guarantee of continued availability of integrations. Integrations with third-party services depend on those third parties. If a third party changes or withdraws its interfaces, the corresponding functionality may be degraded or removed without this constituting a breach of the Agreement.

12. Third-party services

12.1 The Service relies on third-party providers, including payment processing (Stripe), transactional email delivery (Resend), hosting and storage, and AI processing (Anthropic). A current list of sub-processors is maintained under the DPA.

12.2 Where the Customer uses a third-party service in connection with Scoutfy – for example a payment method, calendar, job board or automation tool – that service is governed by the third party’s own terms and privacy notices, and we are not responsible for it.

12.3 We are not liable for acts, omissions, outages, pricing or policy changes of third-party providers, except to the extent that a sub-processor’s acts are attributed to us under the DPA and Applicable Data Protection Law.

13. Intellectual property, Customer Content and data use

13.1 Customer Content belongs to the Customer. As between the parties, the Customer owns all right, title and interest in Customer Content. We claim no ownership of it.

13.2 Licence to us. The Customer grants us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, adapt technically and otherwise process Customer Content solely to the extent necessary to provide, secure, support and improve the Service for that Customer, to comply with law, and as otherwise instructed by the Customer. Processing of personal data under this licence is governed by the DPA.

13.3 Our intellectual property. We (and our licensors) own all right, title and interest in the Service, including its software, source code, databases, user interfaces, designs, workflow and pipeline models, prompts, documentation, trade marks and know-how, and all improvements to them. All rights not expressly granted are reserved.

13.4 Aggregated and anonymised data. We may generate and use aggregated and anonymised data derived from use of the Service – including statistics on volumes, timings, funnel conversion, feature usage and model performance – to operate, secure, analyse, benchmark and improve the Service and to produce industry statistics. Such data is only used in a form that does not identify, and cannot reasonably be used to identify, the Customer, any User or any Candidate, and is not disclosed in a way that reveals a Customer’s identity or its Candidates. This right survives termination.

13.5 Feedback. If the Customer or a User provides suggestions, ideas or feedback about the Service, we may use them without restriction, obligation or compensation. This does not give us any right to Customer Content.

13.6 Publicity. We may not use the Customer’s name or logo as a reference without the Customer’s prior written consent.

14. Confidentiality

14.1 Each party may receive information of the other that is marked confidential or that a reasonable business person would understand to be confidential (“Confidential Information”). Customer Content is the Customer’s Confidential Information. The Service’s non-public technical and commercial information is our Confidential Information.

14.2 The receiving party will use Confidential Information only for the purposes of the Agreement, will protect it with at least reasonable care, and will not disclose it except to personnel and contractors who need it and are bound by confidentiality obligations.

14.3 These obligations do not apply to information that is or becomes public without breach, was already lawfully known, is independently developed, or must be disclosed by law or court order (in which case the receiving party will, where lawful, give prior notice).

14.4 These obligations continue for three (3) years after termination, and indefinitely in respect of personal data and trade secrets.

15. Warranties and disclaimers

15.1 Mutual. Each party warrants that it has the capacity and authority to enter into the Agreement.

15.2 Our warranty. We warrant that we will provide the Service with reasonable skill and care.

15.3 Disclaimer. To the fullest extent permitted by applicable law, and except as expressly stated in the Agreement, the Service, the AI Features, trials, beta features and all associated materials are provided “as is” and “as available”, and we disclaim all other warranties, conditions and representations, whether express, implied or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, non-infringement, and any warranty arising from course of dealing or usage of trade.

15.4 In particular, we do not warrant that: (a) the Service will be uninterrupted, timely, secure or error-free; (b) AI Output will be accurate, complete, unbiased or suitable for any particular decision; (c) the Service will produce any particular recruitment outcome, quality of hire, or level of compliance; (d) defects will be corrected; or (e) the Service, as configured and used by the Customer, complies with the law applicable to the Customer’s recruitment activity.

15.5 No legal advice. The Service, including its data protection tooling, retention settings, templates and this document, does not constitute legal advice. The Customer is responsible for its own legal compliance.

16. Indemnification by the Customer

16.1 The Customer will defend, indemnify and hold harmless the Provider against any claim, demand, action or proceeding brought by a third party – including any Candidate, User, employee, supervisory authority or competitor – and against all resulting damages, settlements and reasonable legal costs, and administrative fines to the extent that their recovery is permitted by law, to the extent arising out of or relating to:

  • the content of the Customer’s Jobs, careers page, screening questions, messages to Candidates or other Customer Content;
  • the Customer’s selection criteria, screening configuration, use of AI Output, or any hiring, rejection or other employment-related decision made by the Customer;
  • any allegation of discrimination, unfair treatment or breach of employment law in connection with the Customer’s recruitment;
  • the Customer’s breach of Section 5 (including the Acceptable Use Policy) or of applicable law, including Applicable Data Protection Law, employment law and anti-discrimination law;
  • the Customer’s failure to provide required notices to Candidates, to establish a lawful basis for processing, or to honour data subject rights; or
  • the Customer’s infringement of third-party intellectual property or privacy rights through its use of the Service.

16.2 We will notify the Customer of any claim without undue delay, allow the Customer to control the defence (except that the Customer may not settle in a way that imposes liability or admissions on us without our consent, not to be unreasonably withheld), and provide reasonable cooperation at the Customer’s expense.

17. Limitation of liability

17.1 Excluded losses. To the fullest extent permitted by law, neither party is liable for indirect or consequential loss, loss of profits, loss of revenue, loss of anticipated savings, loss of business or opportunity, loss of goodwill or reputation, or wasted expenditure, in each case whether or not foreseeable and whether arising in contract, tort or otherwise.

17.2 Data loss. We are not liable for loss or corruption of Customer Content beyond restoring the most recent export available to the Customer through the Service’s export functionality. The Customer is responsible for taking and retaining regular exports of its data (JSON and CSV export is available at any time). This does not affect our obligations under the DPA in respect of security measures.

17.3 Aggregate cap. Subject to Sections 17.4 and 17.5, our total aggregate liability arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of:

  • the amount actually paid by the Customer for the Service in respect of the Billing Period current at the time the event giving rise to liability occurred – that is, the last monthly or annual payment made, according to the Customer’s billing cycle; and
  • one thousand euros (EUR 1,000).

17.4 Higher cap for breaches of the DPA. For liability arising out of a breach by us of the DPA or of our obligations as a processor under Applicable Data Protection Law, the cap in Section 17.3 is replaced by the greater of: (a) the Fees paid by the Customer for the Service in the twelve (12) months preceding the event giving rise to liability; and (b) five thousand euros (EUR 5,000). This is a single aggregate cap for the Agreement and the DPA together, and not a separate cap for each; where both this Section and Section 17.3 could apply to the same facts, the higher of the two figures applies once.

17.5 Exceptions to the cap. Nothing in the Agreement limits or excludes:

  • liability for death or personal injury caused by negligence;
  • liability for wilful misconduct (dolo) or gross negligence (culpa grave), which under Articles 1102 and 1103 of the Spanish Civil Code cannot be excluded or limited in advance;
  • liability for fraud or fraudulent misrepresentation;
  • the Customer’s obligation to pay Fees due under the Agreement;
  • the Customer’s indemnification obligations under Section 16;
  • the rights of data subjects, and either party’s liability towards a data subject or a supervisory authority, including under Article 82 GDPR; or
  • any other liability that cannot lawfully be limited or excluded.

17.6 Allocation of risk and severability of the cap. The Customer acknowledges that the Fees reflect this allocation of risk, that the Service is priced on the basis of these limitations, and that it has had the opportunity to obtain insurance for risks not assumed by the Provider. The caps in Sections 17.3 and 17.4 are intended to be the minimum limitation that is effective under Spanish law. If a court holds any figure or limb to be unenforceable, the parties intend that it be reduced to the lowest amount that is enforceable rather than disapplied altogether, and the remaining limitations continue to apply.

17.7 Claims window. Any claim under the Agreement must be brought within twelve (12) months of the date on which the claiming party became aware, or ought reasonably to have become aware, of the facts giving rise to it, unless a longer period is required by mandatory law.

18. Suspension, enforcement and termination

18.1 Graduated enforcement. We apply the least intrusive measure that is adequate in the circumstances. Where a breach is capable of being remedied and does not present an immediate risk, we will notify before suspending.

18.2 Notice and cure. If we consider that the Customer is in breach of the Agreement and the breach is capable of remedy, we will notify the Customer’s Administrators, describing the breach and the steps required to remedy it, and give the Customer ten (10) days to remedy it. If the breach is not remedied within that period, we may suspend the Account, or part of the functionality, until it is remedied.

18.3 Immediate suspension. We may suspend an Account, a User, or specific functionality immediately and without prior notice where:

  • the use is manifestly unlawful, or we are required to suspend by law, a court, or a competent authority;
  • the use presents a serious and immediate risk to the security, integrity or availability of the Service, our infrastructure, other customers, or third parties (including Candidates);
  • there is a serious breach of the Acceptable Use Policy, in particular Sections 5.2(a), (b), (c), (j) or (k);
  • there is credible evidence of fraud, of compromise of the Account, or of use of the Service to harm Candidates; or
  • Fees remain unpaid after the notice referred to in Section 8.8.

Where we suspend without prior notice, we will notify the Administrators of the ground for suspension as soon as reasonably practicable, by reference to the provision of the Agreement that has been breached. Where the suspension can be lifted by the Customer taking specific steps, we will describe those steps. Where the suspension is based on paragraph (a) or (d) above – manifestly unlawful use, fraud, compromise of the Account, or use of the Service to harm Candidates – the suspension may be permanent, no steps for restoring access are offered, and we may terminate the Agreement under Section 18.6. We are not required to disclose our detection methods or the underlying evidence where doing so would facilitate further abuse. The Customer’s right to contest a suspension under Section 18.5 is unaffected in every case.

18.4 Scope and duration of suspension. A suspension will be limited, so far as reasonably practicable, to the Users, Jobs or functionality concerned, and will last no longer than necessary. During suspension the Customer retains the ability to request an export of its Customer Content, unless doing so would itself be unlawful or unsafe.

18.5 Review. The Customer may contest a suspension by writing to support@scoutfy.io. We will review the matter in good faith and respond within a reasonable time. We will lift a suspension promptly once the ground for it has ceased.

18.6 Termination for cause. Either party may terminate the Agreement with immediate effect by written notice if the other party: (a) commits a material breach that is not remediable; (b) fails to remedy a remediable material breach within the period given under Section 18.2; (c) repeats a breach that has previously been the subject of a cure notice; or (d) becomes insolvent, enters liquidation, or ceases to carry on business; or (e) we reasonably determine, on the basis of evidence we retain, that the Customer or any of its Users has engaged in fraud, in manifestly unlawful use of the Service, or in use of the Service to harm Candidates.

18.7 Termination for convenience. The Customer may terminate at any time by cancelling in accordance with Section 8.4. We may terminate a self-service subscription for convenience on thirty (30) days’ written notice, in which case we will refund a pro rata portion of prepaid Fees for the unused part of the Billing Period.

18.8 Effect of termination for cause. If we terminate for cause under Section 18.6, Fees already paid are not refunded, and any Fees accrued up to termination remain due. If the Customer terminates for our uncured material breach, we will refund the pro rata portion of prepaid Fees for the unused part of the Billing Period; this is the Customer’s sole financial remedy in that event, without prejudice to Section 17.5.

18.9 Consequences of termination. On termination or expiry:

  • the Customer’s right to access the Service ends;
  • the Customer may export Customer Content through the Service’s export functions until access ends, and, on request made within thirty (30) days of termination, we will make a final export available in JSON and CSV format, in line with Section 10.3 of the DPA;
  • deletion or return of Customer Content follows Sections 10.2 and 10.3 of the DPA, including the grace period of seven (7) days after an Administrator requests deletion of the Account, after which automatic clean-up runs;
  • Sections 1.5, 2, 8.7, 8.8, 12.3, 13, 14, 15.3–15.5, 16, 17, 18.8, 18.9, 21, 22, 23, 24 and 25, and any other provision that by its nature is intended to survive, remain in force.

19. Term

19.1 The Agreement begins when the Customer first accepts it and continues until terminated in accordance with Section 18 or, for Enterprise customers, in accordance with the applicable order form.

19.2 Each subscription runs for successive Billing Periods, renewing automatically as set out in Section 8.3.

20. Changes to these Terms

20.1 How we change them. We may amend these Terms, for example to reflect new features, changes in our operations or supply chain, or changes in law.

20.2 Material changes. For changes that materially affect the Customer’s rights or obligations, we will notify Administrators by email and/or in the Service at least thirty (30) days before they take effect. Continued use of the Service after the effective date constitutes acceptance. If the Customer does not accept a material change, it may terminate before the change takes effect by cancelling under Section 8.4; where the change takes effect during a paid annual Billing Period and materially reduces the Customer’s rights, the Customer may terminate with effect from the date of the change and receive a pro rata refund of prepaid Fees for the unused period.

20.3 Non-material changes. Changes that introduce new optional features, correct errors, clarify wording, or do not adversely affect the Customer take effect when published.

20.4 Version history. The current version and effective date appear at the top of this document. Previous versions are available on request.

21. Assignment and successor entity

21.1 Customer. The Customer may not assign or transfer the Agreement, in whole or in part, without our prior written consent, except to a successor in connection with a merger, reorganisation or sale of substantially all of its business, on notice to us.

21.2 Provider; incorporation of a successor entity. The Customer acknowledges that the Provider currently operates as an individual entrepreneur and intends to continue the business through a company. The Provider may assign, novate or otherwise transfer the Agreement and all rights and obligations under it, in whole or in part, to an affiliate, to a newly incorporated company controlled by the Provider, or to a successor in connection with a reorganisation, incorporation, merger or sale of the business, without the Customer’s consent, provided that the transferee assumes the Provider’s obligations under the Agreement and the DPA. We will notify the Customer of any such transfer. The Customer agrees to give any confirmation reasonably required to give effect to such a transfer, and this Section constitutes the Customer’s consent for the purposes of Article 1205 of the Spanish Civil Code and any equivalent requirement.

21.3 Sub-contracting. We may use sub-contractors and sub-processors to provide the Service; we remain responsible for their performance. Sub-processors handling personal data are governed by the DPA.

22. Notices

22.1 We give notices to the Customer by email to its Administrators, or through the Service. Such notices are deemed received on the day of sending or display.

22.2 The Customer gives notices to us by email to legal@scoutfy.io. Operational and support matters may be raised at support@scoutfy.io, but notices of termination, legal claims and data protection matters must be sent to legal@scoutfy.io. Notices are deemed received on the next business day in Spain.

22.3 Notices of termination and legal claims must be in writing (email is sufficient).

23. Language

23.1 The language of the Agreement is English. Translations of these Terms, the DPA, the Documentation or the interface into Spanish, French, German or any other language may be produced automatically and are provided for convenience only.

23.2 In the event of any discrepancy, ambiguity or conflict, the English version prevails and is the version by reference to which the Agreement is interpreted.

24. Governing law and jurisdiction

24.1 The Agreement, and any non-contractual obligations arising out of or in connection with it, are governed by the laws of Spain, excluding its conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

24.2 The parties submit to the exclusive jurisdiction of the courts of A Coruña, Spain, without prejudice to any mandatory rule of jurisdiction that cannot be excluded by agreement.

24.3 Nothing in this Section prevents either party from seeking interim or injunctive relief before any competent court.

25. Miscellaneous

25.1 Entire agreement. The Agreement is the entire agreement between the parties on its subject matter and supersedes prior discussions, proposals and representations, except for fraudulent misrepresentation.

25.2 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remainder of the Agreement continues in force.

25.3 No waiver. A failure or delay in exercising a right is not a waiver of it.

25.4 Force majeure. Neither party is liable for failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural events, war, terrorism, civil unrest, labour disputes, epidemics, failures of telecommunications or energy supply, acts of public authorities, and failures of upstream providers.

25.5 Third parties. The Agreement does not create rights for any third party. For the avoidance of doubt, Candidates are not intended third-party beneficiaries of the Agreement; their rights arise under Applicable Data Protection Law against the Customer as controller and, where applicable, against the Provider.

25.6 Counterparts and electronic acceptance. Electronic acceptance, electronic signature and click-through acceptance of the Agreement are valid and binding.

25.7 Interpretation. Headings are for convenience only. “Including” means “including without limitation”. References to a statute include amendments and replacements.

Scoutfy – https://scoutfy.io – operated by Katsiaryna Andryianava, NIE Y7544167C, Spain.

Previous versions of this document are available on request from legal@scoutfy.io.

Essential cookies only

Just the ones that keep you signed in. No tracking, no third parties — see the privacy policy.