JOBIFLOW GENERAL TERMS AND CONDITIONS FOR ENTREPRENEURS
1. INTRODUCTORY PROVISIONS
1.1. The company Jobiflow s. r. o., with its registered office at Dlhé Nivy 420/90, 019 01 Ilava, Slovak Republic, Company ID: 57 430 501, registered in the Commercial Register of the District Court Trenčín, Section Sro, File No. 57450/R (hereinafter referred to as "Jobiflow"), issues these Jobiflow General Terms and Conditions for Entrepreneurs (hereinafter referred to as "GTC"), which apply to contractual relationships between Jobiflow and Entrepreneurs in connection with the use of the Electronic System or the provision of Services, as these terms are defined below.
1.2. The provider of the Electronic System and Services is Jobiflow.
1.3. The relationship between Jobiflow and the Client is governed by:
a) these GTC,
b) the Personal Data Processing Terms,
c) the Personal Data Processing Principles,
d) the Cookies Policy,
e) the Jobiflow price list published in the Electronic System (hereinafter referred to as "Price List"), and
f) the provisions of the applicable legal regulations.
1.4. If, in the provision of Services, data are processed by Jobiflow as a personal data processor, such processing shall be governed by the Personal Data Processing Principles and the Personal Data Processing Terms unless otherwise agreed. Jobiflow may require Users to consent to the processing of personal data for the purpose of personal data processing or enter into a separate contractual relationship with the User for the purposes set out in the relevant notice. Jobiflow may exercise other rights and obligations arising from Jobiflow's status as a controller or processor of personal data.
1.5. Information on the processing of personal data by Jobiflow is available in the Personal Data Processing Principles.
1.6. The current contact and billing details of Jobiflow are available at the address of the company's registered office stated in Article 1.1 of the GTC. The contact e-mail of Jobiflow for the purposes of communication under these GTC is: info@jobiflow.com.
1.7. These GTC form an inseparable part of the Agreement between Jobiflow and the Client within the meaning of Section 273(1) of Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as "Commercial Code"). The Client confirms that it has acquainted itself with the GTC before entering into the Agreement, understood their content, and agrees to them.
2. DEFINITIONS OF USED TERMS
2.1. The terms used in the text of the GTC have the following meanings:
a) AI Act. Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence.
b) AI Functions. Functionalities of the Electronic System using artificial intelligence, namely AI ad creation, AI ad translation, AI interview scheduling and AI Avatar Interview. The scope and availability of specific AI Functions are governed by the current Price List
c) AI Avatar Interview. AI Function enabling the Client to conduct the first round of the selection process through a virtual avatar that asks the applicant questions predefined by the Client, whereby an audio-visual recording and its textual transcript are made from the applicant's response. The system then compares solely the content of the transcript of the applicant's response with the model answer defined by the Client and generates a percentage matching score. The system does not perform analysis of the applicant's face, voice, facial expressions, gestures or other biometric characteristics, does not perform emotion recognition within the meaning of Art. 3(39) of the AI Act or biometric identification or categorization; the audio-visual recording serves solely as a source for the transcript and for subsequent human review by the Client.
d) Price List. The current price list of Jobiflow Services published in the Electronic System, which determines the types and parameters of individual Services, their prices, credit equivalents, validity period and other business terms. The Price List forms an annex to these Terms and Conditions.
e) DSA. Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act).
f) Electronic System. Internet websites (including related databases) provided by Jobiflow. through which the Services are provided.
g) Featured listing. An additional Service consisting of highlighting the Ad in search results and periodically topping it at intervals determined in the Price List for the duration of the respective Ad.
h) GDPR. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).
i) Influencer package. An additional Service for arranging marketing cooperation between the Client and an influencer registered in the Electronic System. Jobiflow acts in arranging the cooperation as a commission agent in its own name and on behalf of the influencer pursuant to Section 577 et seq. of the Commercial Code. The terms and parameters of the Influencer package are governed by the Price List and the Framework Agreement between the Client and Jobiflow concluded upon the first order of the Influencer package.
j) Ad / Job offer. Presentation of an offer, e.g. vacant job positions requested by the Client as a potential employer, displayed within the Electronic System under the further conditions agreed in the Agreement and these Terms and Conditions.
k) Ad LIGHT / Ad PRO. Two basic types of Ads differing in the scope of functionalities included according to the Price List. Ad LIGHT includes basic functions (AI ad creation, AI ad translation, logo and link to the company, basic statistics). Ad PRO additionally includes Featured listing and logo in search results.
l) Client. An entrepreneur who enters into a Contract with Jobiflow. Client also means an Employment agency for remuneration.
m) Credit / Credit system. The unit of the payment instrument of the Electronic system through which the Client pays for Jobiflow Services. Credits are acquired by a one-time payment according to the Price List, their validity is 12 months from the date of purchase, unless the Price List or the Contract stipulates a longer period. Unused Credits expire upon the expiration of their validity without entitlement to a refund of the price.
n) International advertisement. An Additional Service consisting in publishing the Client's Advertisement also on the foreign version of the Electronic system (in particular Jobiflow.cz) according to the parameters and price determined by the Price List.
o) Subscription. A method of payment for Services consisting of a twelve-month (12-month) contractual commitment of the Client with monthly installments. The terms of the Subscription, including the amount of installments, the number of included Advertisements and the procedure for early termination, are set out in the Price List and in Article 11 of these Terms and Conditions.
p) Response systems. The Client's Electronic system providing responses to Job Offers.
q) Registration. The contractual relationship between Jobiflow and the Client, which arises upon creation of registration within the meaning of the provisions of these Terms and Conditions relating to registration.
r) Registration package. A free Service provided to the Client upon Registration to the extent defined in the Price List (PRO Advertisements valid for 1 month from Registration and other functionalities according to the Price List). Unused performance from the Registration package expires upon the expiration of its validity without the Client's entitlement to an extension or a refund of the value.
s) Service. Any service of Jobiflow offered and provided within the Electronic system or a service directly provided by representatives of Jobiflow or persons authorized by it, especially the services listed in Article 3 of these Terms and Conditions.
t) Employment agency for remuneration. A Client who, through the Electronic system, searches for job applicants for third parties, e.g. a staffing agency.
u) Parties. The contractual parties to the Contract, i.e. Jobiflow and the Client.
v) User. A natural person who uses the Electronic System in the capacity of a job applicant or other recipient of the Service who is not a Client.
w) Contract. A legally binding relationship between Jobiflow and the Client, in any form, i.e. in the form of a paper or electronic order.
x) Personal Data Processing Principles. The Personal Data Processing Principles available in the Electronic System issued by Jobiflow.
3. OVERVIEW OF JOBIFLOW SERVICES
3.1. Advertising services, data handling, data evaluation and other statistics:
a) publication of Job Offers or Advertisements and automated data processing in the field of human resources using the Electronic System,
b) online advertising Services in the labor market area (staff advertising, HR consulting, recruitment) consisting of the creation, own technical implementation and presentation of advertising space within the Electronic System,
c) other Services in the area of labor market placement, if offered by Jobiflow.
3.2. Additional Services:
a) the “Influencer package” service,
b) publication of an advertising logo within the Advertisement,
c) publication of an advertising logo on the homepage of the Electronic System,
d) International advertisement,
e) Featured listing according to the Price List,
f) company profile Premium according to the Price List,
g) AI Features according to the Price List.
3.3. Jobiflow offers Advertisements in two basic packages, namely LIGHT and PRO. The scope of functionalities included in each package, their prices for individual volumes and the validity period of each Advertisement are determined by the Price List. The validity period of the Advertisement is counted from the date of its publication in the Electronic System.
3.4. Upon Registration, the Client automatically receives a Registration Package to the extent specified in the Price List. Performance from the Registration Package is time-limited (especially PRO Advertisements with a validity of 1 month from Registration). Unused performance after the expiration of their validity expires without entitlement to compensation for their value.
3.5. Jobiflow Services are available in the following payment modes:
a) one-time payment (Credit system) — the Client purchases a specified number of Advertisements or other Services according to the Price List as a one-time purchase. Credits are valid for 12 months from the date of purchase;
b) Subscription — a twelve-month (12-month) contractual commitment of the Client with monthly installments. Under the Subscription, the Client receives all purchased Advertisements available immediately after the first payment and pays for them in 12 monthly installments; and
c) Additional services — optional extensions ordered separately for any Advertisement or package according to the Price List.
3.6. Within the Influencer package, Jobiflow arranges marketing cooperation for the Client with influencers registered in the Electronic System. Jobiflow acts as a commission agent pursuant to Section 577 et seq. of the Commercial Code, i.e. it concludes the contract with the influencer in its own name and on the influencer's account. The specific terms of individual orders of the Influencer package (in particular price, outputs, platforms, deadline and cancellation) are governed by the Framework Agreement on Influencer Marketing Intermediation, which the Client concludes upon the first order of the Influencer package, and by the individual Subcontracts concluded on its basis. In the event of any conflict between these T&C and the Framework Agreement, the Framework Agreement shall prevail with respect to the Influencer package.
3.7. The specific scope, parameters and prices of individual Services are always stated in the current Price List published in the Electronic System. Jobiflow is entitled to unilaterally amend the Price List in accordance with Article 19 of these T&C.
4. LIABILITY FOR INFORMATION PRESENTED THROUGH THE ELECTRONIC SYSTEM
4.1. Clients are obliged to present:
a) information that will not cause damage to third parties or to Jobiflow, and
b) clear and sufficiently specific information that does not create a misleading impression of the nature of the persons or of the offered or sought job position.
4.2. The Client who entered this information into the Electronic System is solely responsible for the content of the presented information.
4.3. Jobiflow may retain information about the entry of data into the Electronic System that clearly leads to the identification of a specific Client.
4.4. Jobiflow is entitled to use information obtained in accordance with the Contract for any possible dispute resolution with the Client arising as a result of providing false information, or to prevent the use of the Electronic System by a Client who provided information in violation of these T&C.
4.5. Data provided to Jobiflow in connection with the Contract may be publicly accessible if this is necessary for the provision of the Services or if such disclosure is part of the Service. Article 9 of these T&C shall not apply to this extent.
4.6. The Client is responsible for ensuring that the content of the Advertisement and materials delivered to Jobiflow complies with Act No. 311/2001 Coll., the Labour Code, as amended, Act No. 5/2004 Coll. on Employment Services, as amended, Act No. 365/2004 Coll. on Anti-Discrimination, as amended, as well as other generally binding legal regulations. The Client is in particular responsible for ensuring that the Advertisement does not contain discriminatory requirements pursuant to Section 13 of the Labour Code.
4.7. The employment intermediary for remuneration is responsible for holding a valid permit for employment intermediation for remuneration issued pursuant to Section 25 et seq. of Act No. 5/2004 Coll. on Employment Services, if such permit is required for its activities. Upon request by Jobiflow, the employment intermediary for remuneration is obliged to prove such permit without undue delay.
5. HANDLING OF PRESENTED INFORMATION
5.1. Jobiflow is not obliged to provide the Services in the event that:
a) the Advertisements contain information that is contrary to the applicable law, general ethical rules, public order or good morals,
b) the Advertisements contain information with sexual overtones, such as job offers or temporary jobs relating to sexual services,
c) the job offer within the Advertisement is incomplete, misleading, or contains false data, or for other reasons reduces the level of Services provided by the Electronic System,
d) the Client conditions the job placement on payment of a handling fee,
e) the Advertisements contain a job offer with elements of a multi-level marketing (MLM) system,
f) the Advertisements contain general and commercial information about the Client's products that could be considered advertising,
g) there is more than one job position, temporary job, and Client or other potential employer within the text of a single Advertisement. In the event of a breach of this obligation, Jobiflow is entitled to the full price of an additional Advertisement, for each additional offer (job position) of the Client or other potential employers in the text of one Advertisement,
h) the information is presented in violation of the customs and regulations for completing entry forms,
i) information or résumés about third parties are presented without their knowledge,
j) the information may damage the good name or reputation of Jobiflow or other natural or legal persons,
k) a direct internet link to job offers, persons and the presentation of advertising notices is included within the presentation, inviting persons to register with the Client without the permission of Jobiflow,
l) the advertisements are not in compliance with the principles and generally binding regulations in the area of equal treatment, or they are notices of criminal activity or other anti-social activity,
m) the advertisements contain false or misleading information about the amount of salary, working conditions or the identity of the employer, and
n) the advertisements or materials contain content generated by artificial intelligence without proper verification of its accuracy, which may mislead job applicants.
5.2. Jobiflow is entitled to review the content of any information presented by the Client pursuant to Articles 4 and 5 of the Terms and Conditions. Jobiflow is entitled to notify the Client of a breach of Articles 4 and 5 of the Terms and Conditions and request immediate correction or remove such information from the Electronic System, even without the Client's consent or prior notice. In the event of a breach of Articles 4 and 5 of the Terms and Conditions, Jobiflow is entitled to suspend the provision of Services, block the Client's account and immediately terminate the Agreement without notice, including termination of Services without prejudice to the right to claim damages if such conduct caused damage to Jobiflow.
5.3. Jobiflow hereby expressly reserves the right, within the provision of its Services, to review Reaction Systems. Jobiflow further reserves the right to prevent the use of such Reaction Systems that are confusing or unclear for applicants for the advertised job positions, or may create a negative impression of Jobiflow or its services among applicants. Jobiflow is obliged to inform the Client, whose Reaction System it concerns, in advance of its intention to prevent such use.
5.4. Jobiflow reserves the right to prevent, by available technical and legal means, the use of the Electronic System by a Client who has repeatedly or materially breached the Agreement or the Terms and Conditions, or whose conduct has caused damage to Jobiflow.
5.5. The Client is not entitled to change the data published in the text and title of the Advertisement to such an extent that it would constitute a change to the offer. Jobiflow is entitled to assess whether such a change results in a change to the offer and, in such case, reject the Client's request to change the data, or Jobiflow is entitled to charge the full price for an additional Advertisement for each such change.
6. DELIVERY OF MATERIALS AND COMMENCEMENT DATE FOR THE PROVISION OF SERVICES
6.1. Clients are obliged to deliver and notify Jobiflow of the materials at their own expense and at their own responsibility. Data relating to automated data processing are accepted electronically through the Electronic System, unless otherwise agreed.
6.2. After the data are entered, they will be displayed in the relevant sections of the Electronic System:
a) no later than 2 hours after the proper sending of the data, if the Electronic Systems are used,
b) no later than 3 business days after the proper sending and receipt of the data, if the Client uses the authorized parts of the Electronic System for the first time (newly Registered Client). The information will be displayed in the Electronic System after verification of the new Client's Registration.
6.3. Jobiflow reserves the right to reject such form of the Client's advertising notice that does not achieve an adequate aesthetic quality which may be fairly required with regard to the processing of the Electronic System, in particular with respect to banners (or other graphic advertisements) presented on the main page of one of the Electronic Systems.
6.4. In the event of the Client's delay in delivering the materials or accepting these materials, the Client is obliged to pay all additional costs associated with any processing of the materials in a shorter time.
6.5. Unless otherwise agreed, Jobiflow guarantees, for the Services defined in the Terms and Conditions, the commencement of the provision of the Service within 3 business days from the day following the day of proper receipt of all materials. In the event of the Client's delay in delivering the materials in the prescribed form, the period within which Jobiflow is obliged to commence the provision of the Service shall be extended by the number of days of such delay. Jobiflow reserves the right to change the publication date in the event that the materials are delivered in non-standard formats or otherwise in breach of the Agreement or these Terms and Conditions.
6.6. The Client has the right to dynamically manage and advertise individual job offers throughout the duration of the contractual relationship with Jobiflow according to the options made available by Jobiflow in the relevant Electronic System.
6.7. Each individual offer will be presented by Jobiflow through the Service for the agreed period.
6.8. The Client is obliged to use the Services exclusively for its own use.
7. PROVISION OF SERVICES
7.1. If the Services are used by a paid employment intermediary, then the following applies:
a) it is obliged to use the Services exclusively for its own use and to satisfy the needs of its clients,
b) it must not provide the Services through its own name,
c) it must not secure, for third parties, through its own name or on its own account, the direct resale of advertised positions through the Electronic System; in particular, a paid employment intermediary must not contact third parties for the purpose of securing the publication of the job offers of such third parties through the Electronic System,
d) it is entitled to contact third parties for the purpose of searching for job applicants among such third parties, and
e) it is entitled to use any Jobiflow trademarks only with Jobiflow's prior written consent.
7.2. Job offers from paid employment intermediaries may be marked and presented in the Electronic System to users with the designation of the type of paid employment intermediary. The determination of whether a given entity is a paid employment intermediary is made exclusively by Jobiflow based on the conditions in the Agreement, including these Terms and Conditions.
7.3. A breach by the Client of any provision of this Article of the Terms and Conditions constitutes a material breach of the Agreement.
8. USE OF THE ELECTRONIC SYSTEM
8.1. To be able to use the Services through the Electronic System, the Client must have a device and system meeting the following technical requirements:
a) a computer with a web browser in which (technical) cookies, local storage and the JavaScript interpreter are enabled,
b) one of the most widely used web browsers in its latest released major version (e.g. Chrome 127.x.xxxx.xx) or the previous major version of such web browser,
c) an internet connection.
8.2. The Client is obliged, before the provision of the Services by Jobiflow begins, to Register in the relevant Electronic System. The Client has the right to create additional user accounts unless the T&Cs provide otherwise.
8.3. The Client is obliged to Register through the relevant form available in the Electronic System. After successful Registration, the Client creates its own online account/account with unique login credentials. The Client is obliged to protect the login credentials against misuse and not to provide them to third parties.
8.4. The Client is not entitled to:
a) process data in the Electronic System automatically or otherwise extract or exploit Jobiflow's database beyond the extent necessary to fulfil the purpose of the Agreement,
b) attempt to access parts of the Electronic System to which access has not been expressly granted to it by Jobiflow,
c) otherwise use the Electronic System in a manner contrary to the purpose of the Agreement and these T&Cs,
d) use the Electronic System or the Services in a manner that unduly burdens Jobiflow's infrastructure or is intended to prevent or restrict the provision of Services to other Clients or Users, and
e) circumvent or attempt to circumvent any security measures of the Electronic System, or carry out reverse engineering, decompilation or decryption thereof.
8.5. The Client is obliged to:
a) notify Jobiflow of all security deficiencies of the Electronic System that it learned about in the course of using them, and
b) refrain from disclosing security deficiencies for at least 60 working days from the date of notification to Jobiflow.
8.6. The Client is also obliged to:
a) prevent any sharing of login credentials among the Client's employees or with third parties,
b) protect the login credentials, and
c) prevent misuse of the login credentials.
8.7. If there is unauthorized handling of login credentials or misuse of such login credentials, the Client is obliged to inform Jobiflow thereof without delay. Jobiflow bears no responsibility for any misuse of the Client's login credentials, nor for any possible damage or any claims of third parties arising as a result of the Client's breach of the above obligations.
8.8. For the purposes of modifications and further development of the Electronic System, Jobiflow is entitled to use any feedback from any Client without any subsequent entitlement of the Client to any financial compensation.
8.9. Jobiflow uses reasonable efforts to ensure the continuous availability of the Electronic System; however, it provides no express or implied guarantee of its 100% availability. Jobiflow is entitled to temporarily take down the Electronic System or its individual parts, especially for reasons of planned maintenance, updates or resolving security incidents. Jobiflow shall inform the Client of planned outages longer than 60 minutes in an appropriate manner (e.g. by e-mail or by notice in the Electronic System) at least 24 hours in advance, if objectively possible.
8a.AI FEATURES AND THE AI ACT
8a.1. The Jobiflow Electronic System contains functionalities using artificial intelligence systems, namely AI job ad creation, AI job ad translation, AI interview scheduling and AI Avatar Interview. AI Avatar Interview is classified pursuant to point 4(a) of Annex III to the AI Act as a high-risk AI system in the field of employment and human resource management. AI job ad creation, AI job ad translation and AI interview scheduling do not constitute high-risk AI systems; AI interview scheduling performs a narrow procedural task within the meaning of Article 6(3)(a) of the AI Act and does not evaluate or filter applicants
8a.2. The Client who uses AI Avatar Interview as a so-called deployer of a high-risk AI system within the meaning of Article 26 of the AI Act is obliged to:
a) ensure human oversight over the outputs of the AI Function so that no final decision about the applicant (rejection, invitation to interview, job offer) is solely the result of an automated AI output without the involvement of an authorized natural person of the Client,
b) inform the affected natural persons (applicants) that high-risk AI systems are used within the selection procedure, in a clear and comprehensible manner before the first contact with the given person,
c) when using the AI Function, not make discriminatory decisions based on the AI output, even indirectly, whereby the Client is responsible for the compliance of its selection procedure with Act No. 365/2004 Coll. on equal treatment and protection against discrimination and the relevant EU regulations,
d) upon the applicant's request, provide them with a meaningful explanation of how the AI Function affected the outcome of their selection procedure, in an easily understandable form,
e) retain records of the deployment of the AI Feature and their outputs to the extent required by Art. 26(5) of the AI Act for a minimum period of 3 years.
8a.2. The Client is obliged, when using the AI Avatar Interview, to:
a) ensure that the candidate, before the start of the AI Avatar Interview, gives explicit, free, specific and informed consent to the processing of personal data, including the creation of an audiovisual recording and the automated evaluation of the content of their answers pursuant to Art. 6(1)(a) and Art. 22(2)(c) of the GDPR, via the consent interface of the Electronic System;
b) offer the candidate, prior to granting consent, an equivalent alternative form of the first round of the selection procedure without using the AI Avatar Interview (in particular an in-person, telephone or video interview with a natural person or written answers assessed by a natural person), whereby choosing the alternative must not have any negative consequences for the candidate in the selection procedure;
c) ensure that no decision to exclude a candidate from the selection procedure or to not advance them to the next round is made solely on the basis of the percentage matching score without review of the candidate's response by an authorized natural person of the Client;
d) define the questions of the AI Avatar Interview exclusively within the scope of information related to the work to be performed, in accordance with Section 41(5) and (6) of Act No. 311/2001 Coll., the Labour Code, and Section 62(3) of Act No. 5/2004 Coll. on Employment Services, and not define questions or model answers in a manner that would directly or indirectly ascertain data under Art. 9(1) of the GDPR or lead to discrimination under Act No. 365/2004 Coll.;
e) use the audiovisual recording, transcript and matching score exclusively for the purposes of the relevant selection procedure and not use them for any other purpose;
f) at the candidate's request, ensure human review of the result, allow the candidate to express their own position and challenge the result pursuant to Art. 22(3) of the GDPR and
g) inform the candidate that they are subject to the use of a high-risk AI system, pursuant to Art. 26(11) of the AI Act.
h) Breach of the obligations under this paragraph constitutes a material breach of the Agreement
8a.3. Jobiflow's guarantees. Jobiflow, as a provider of high-risk AI systems under the AI Act, ensures:
a) technical documentation of the AI systems to the extent required by Art. 11 and Annex IV of the AI Act,
b) implementation of measures to minimize the risk of algorithmic discrimination and regular testing of AI models for the occurrence of systematic bias against protected groups,
c) transparency of the logic of the outputs of the AI Features to the extent required by Art. 13 of the AI Act and Art. 13(2)(f) of the GDPR,
d) provision of instructions for use for the high-risk AI Feature AI Avatar Interview to the extent set out in Art. 13 of the AI Act, in particular information on the intended purpose, level of accuracy, known limitations and human oversight measures;
e) retention of logs automatically generated by the high-risk AI Feature to the extent set out in Art. 12 and Art. 19 of the AI Act and making them available to the Client to the extent necessary to fulfil its obligations under Art. 26 of the AI Act;
f) registration of the relevant AI systems in the EU database pursuant to Art. 49 of the AI Act within the statutory deadlines.
8a.4. Breach of the obligations under Art. 8a.2. by the Client constitutes a material breach of the Agreement and entitles Jobiflow to terminate the Agreement without notice pursuant to Art. 14 of the GTC.
8a.5. The Client, at which employee representatives operate, is obliged to inform them before deploying a high-risk AI system at the workplace pursuant to Art. 26(7) of the AI Act.
9. CONFIDENTIALITY
9.1. The Parties undertake to maintain confidentiality regarding confidential information. Confidential information means all information and data that the Parties learn about in direct or indirect connection with negotiations on mutual cooperation, in particular all data, documentation and business terms of all kinds and forms, tangible or intangible, that are mutually provided by the Parties in writing or orally, during presentations or otherwise for the purpose of mutual cooperation. Confidential information also includes all information about prospects, clients, know-how and other matters of both Parties that are not publicly available (or are not marked as publicly available) and known, and that are the subject of trade secret. Any press release or public announcement about mutual cooperation is subject to prior written approval by Jobiflow. The Client's confidential information does not include information that Jobiflow obtains in the ordinary course of using Jobiflow products or services (e.g., analytical and statistical data relating to the use of Jobiflow products or services).
9.2. The Parties agree not to disclose confidential information to any third party and to take such measures as will prevent third parties from accessing it. The provision of the preceding sentence does not apply to confidential information:
a) which Jobiflow is entitled or obliged to disclose in connection with the Agreement,
b) which was generally known at the time of its disclosure,
c) which has become or will become generally known or available otherwise than by breach of contractual obligations of any Party, its employees, advisers or consultants,
d) which was disclosed on the basis of an obligation imposed by generally binding legal regulations or on the basis of a final court decision or a final decision of the competent public authorities (e.g. the police), and
e) for the disclosure of which the relevant Party has given express consent.
9.3. The confidentiality obligation lasts for 5 years from the termination of the Agreement, unless it concerns confidential information that has the character of trade secret, in which case the confidentiality obligation lasts for the entire duration of their secrecy.
9.4. Jobiflow hereby undertakes that it will not collect, gather, retain, disseminate, make available, process, use or combine confidential information with other information beyond the scope of the purpose of the Agreement. Jobiflow further undertakes that all confidential information with which it comes into contact beyond the scope of its ordinary work activities for the Client shall be handed over to the Client without undue delay, and during the period in which it handles confidential information itself, it shall ensure adequate protection against any loss, theft, destruction, unauthorized access, accidental or other damage or any other unauthorized use or processing.
9.5. Jobiflow is entitled to share the Client's confidential information if necessary for the exercise of rights or obligations under the Agreement, and is also entitled to disclose such information to companies affiliated with Jobiflow. Jobiflow undertakes that the third party to whom the confidential information has been disclosed will be bound by confidentiality to the same extent as Jobiflow.
9.6. Jobiflow is obliged to maintain standard security standards in relation to the spread of computer viruses and the protection of the computer network. Jobiflow acknowledges that it is obliged to comply with all legal regulations relating to data protection and trade secrets.
10. REGISTRATION AND CONTRACT
10.1. The contractual relationship between the Client and Jobiflow arises upon Registration in the Electronic System and acceptance of these Terms and Conditions. Registration itself does not mean that the Client is entitled to use any Services. The contractual relationship for the provision of Services arises upon conclusion of the Contract.
10.2. The Contract is concluded:
a) through a written Contract,
b) by Jobiflow's confirmation of the Client's order, and
c) by Jobiflow commencing the provision of Services in accordance with the Client's order.
10.3. By concluding the Contract, the Client agrees:
a) to the terms of provision of the Services (graphic formats, methods of submitting materials, etc.),
b) to the possible limitations of the internet network and the environment of the Electronic System, and
c) to the content of the Contract, these Terms and Conditions.
10.4. Jobiflow accepts orders from its Clients, on the basis of which it provides its Services. A properly completed order becomes binding on the Client at the moment of delivery to Jobiflow.
10.5. Jobiflow accepts Clients' orders for Services primarily by completing and submitting the electronic order form, which is accessible in the Electronic System. A binding order may also be sent by other methods that Jobiflow allows, e.g. by email, by post, or by telephone.
10.6. Jobiflow reserves the right to رفض an order within 3 business days of receipt in the event that:
a) the Client has previously breached its obligations arising from the Contract (including the Terms and Conditions),
b) the performance of the order would be contrary to Jobiflow's business policy, and
c) the performance of the order would be contrary to the principles of fair commercial practice, good morals, or public order.
10.7. Jobiflow shall begin providing the Services in accordance with the Contract if it does not reject the order pursuant to Art. 10.6 of the Terms and Conditions. The provision of the Service begins without undue delay, unless the Contract provides otherwise.
10.8. Jobiflow and the Client both assume the risk of a change in circumstances, and therefore any change in circumstances shall not give rise to any claim for reopening negotiations on the Contract.
11. PRICE FOR SERVICES, INVOICING
11.1. Jobiflow makes the Electronic System and the Services available generally for remuneration; some parts of this Electronic System or the Services may be provided free of charge.
11.2. For the Services provided, the Client shall pay in favor of Jobiflow the price according to Jobiflow's Price List of Services valid on the date of delivery of the order to Jobiflow. If Jobiflow allows it, the price may also be paid with credits according to the current online Price List. All prices are stated without VAT, other taxes or fees, unless expressly stated otherwise. The Client acknowledges that if the relevant financial transaction were subject to taxation or mandatory fees, the price will be increased by such tax or fee in accordance with the applicable legal regulations, in particular the Value Added Tax Act. Any payment made in favor of Jobiflow shall be deemed paid on the date it is credited to Jobiflow's bank account.
11.3. The Client pays the price for the Services in one of the following modes according to their choice when ordering:
a) One-time payment (Credit System). The Client purchases a specified number of LIGHT or PRO Ads according to the Price List. The price per individual Ad decreases with an increasing number of Ads purchased in one package according to the Price List. Purchased Ads (Credits) are valid for 12 months from the date of payment. Unused Credits after the expiry of this period expire without the Client being entitled to a refund of the price or any part thereof.
b) Subscription. The Client undertakes to a 12-month subscription to the Services with monthly maturity, 30 calendar days. The Client gains access to all purchased Ads (LIGHT or PRO) immediately after the first payment and may use them throughout the Subscription period. The total price of the Subscription is higher than the price under a one-time payment for the same number of Ads. The difference represents consideration for spreading the payments into monthly installments. The Subscription is not automatically renewed after 12 months, unless the Parties agree otherwise.
c) Additional services. Additional services are ordered separately according to the Price List and are paid for in the mode specified for the particular Additional Services by the Price List (one-time, monthly, or annually).
11.4. If the Client requests termination of the Subscription before the end of the 12-month period for reasons not attributable to Jobiflow, the Client is obliged to pay the remaining monthly installments for the remainder of the agreed Subscription term in a lump sum, within 14 calendar days from the notice of termination by Jobiflow. This is without prejudice to the right of the Parties to agree otherwise, or the Client's right to terminate the Agreement due to a material breach of Jobiflow's obligations under Art. 14.2 of the GTC.
11.5. The benefits from the Registration package are provided to the Client free of charge. The period of their validity, the conditions of use, and the activation of individual functionalities are regulated in the Price List. After the expiration of the validity period of the Registration package, the Client may continue using the Services on the basis of a one-time payment or Subscription according to the Price List.
11.6. The price is due on the basis of a tax document (invoice) in accordance with the governing law. Jobiflow shall issue the invoice within 15 days from the date of commencement of provision of the Service. The invoice is due within 14 days from the date of its issuance, unless otherwise agreed.
11.7. Upon provision of the Service, the taxable supply is deemed to have been carried out on the day of its provision or on the day the tax document is issued, except for an installment or payment schedule or a document for received consideration, whichever occurs earlier, unless the governing law provides otherwise. The Services referred to in Art. 3 of the GTC are deemed to be provided on the first day of their provision by Jobiflow.
11.8. The Client is not entitled to a refund of the paid price or a discount on the price in the event of non-use of the ordered Services or for reasons not solely attributable to Jobiflow.
11.9. Jobiflow reserves the right to suspend the provision of Services if the Client does not pay the deposit in the required amount.
11.10. If the Client is in default with payment of the price or any part thereof for more than 14 days, Jobiflow is entitled to suspend the provision of the Services until the price is paid in full by the Client. The provision of the Services will be resumed immediately after the outstanding amount is credited to Jobiflow's account. The Client is not entitled to an extension of the period of provision of the Services for the period during which the provision of the Services was suspended, nor is the Client entitled to a discount or any other reduction of the agreed price for the Services.
11.11. The Client agrees to the issuance of the tax document (invoice) in electronic form.
11.12. If the agreed period of provision of the Service during which Advertisements were issued expires, or another Service was agreed, the presentation of all active positions ends on the last day of this period as well, regardless of the period for which these positions were issued, without any claim by the Client due to their premature termination. If the Parties agree to extend the cooperation for another year (conclusion of a new Agreement), the relevant Advertisements will be published for the entire period for which they were originally issued.
11.13. The Client is entitled to claim an incorrectly billed price or part thereof within 30 days from the date of delivery of the invoice. The complaint does not have suspensive effect on the due date of the invoice. The Client is obliged to submit the complaint in writing to the email address specified in Art. 1.6 of the GTC, stating the invoice number, the amount considered incorrect, and the justification. Jobiflow shall handle the complaint within 30 days of its receipt.
12. COMPLAINTS AND COMPENSATIONS
12.1. The Client is entitled to claim defects in the Services provided by Jobiflow. The complaint must be submitted in writing to the email address specified in Art. 1.6 of the GTC and must contain the Client's identification, identification of the Service being complained about (especially the order number or Advertisement), a description of the defect, and the requested method of settlement.
12.2. The Client is obliged to file the complaint without undue delay after discovering the defect or after it could have been discovered with due professional care, but no later than 30 days from:
a) the termination of the provision of the complained-about Service, if it is a Service provided on a one-time basis, and
b) the occurrence of the defect, if it is a Service provided continuously or repeatedly.
12.3. After the expiration of the periods under point 12.2, the Client's claim arising from the defect of the Service expires. This provision does not apply to Client claims that cannot be validly limited or excluded under the governing law.
12.4. Jobiflow is obliged to notify the Client of the method of handling the complaint within 30 days from its proper submission. In the case of a justified complaint, Jobiflow shall provide the Client with one of the following remedies at its choice:
a) free removal of the defect, if possible considering the nature of the defect,
b) extension of the duration of the complained-about Service by the period during which the Service was not properly provided,
c) provision of another Service of corresponding value as compensation,
d) a reasonable discount on the price of the complained-about Service, and
e) a refund of the paid price for the complained-about Service, if none of the previous remedies is possible or sufficient considering the nature of the defect.
12.5. A complaint does not constitute grounds for withholding payment or set-off of the Client's claims against Jobiflow's claims arising from the Agreement.
12.6. A defect in the Service does not include an outage of the Service lasting less than 60 minutes within a single calendar day, nor an outage caused by planned maintenance, force majeure, or reasons on the Client's side (in particular a breach of the technical requirements under Art. 8.1 of the GTC).
13. TERMINATION OF THE CONTRACTUAL RELATIONSHIP AND SANCTIONS
13.1. The contractual relationship established by Registration terminates upon cancellation of the account. Cancellation of the Registration makes it impossible to use the Services and has no effect on the refund of the paid price or a discount on the price. Jobiflow is entitled to cancel the account in the cases specified in Art. 14.1 of the GTC. There is no legal entitlement to maintaining the account, or to maintaining the Registration without simultaneous use of paid Services.
13.2. The Contract concluded between Jobiflow and the Client shall terminate:
a) upon the expiry of the term for which the Contract was concluded, if this term is part of the order or if it was agreed in the Contract,
b) by termination without notice period in accordance with Art. 14 of the GTC,
c) by agreement between Jobiflow and the Client, and
d) upon fulfillment of all obligations under the Contract, if it is a one-time concluded Contract.
13.3. If the Contract is terminated without a notice period by Jobiflow, Jobiflow shall be entitled, in the event of concluding a new contract with the same Client, to charge a so-called onboarding fee in the amount of 1% of the price already invoiced under the terminated Contract.
13.4. If the Client is in default with payment of the price for the Services, Jobiflow shall be entitled to demand statutory default interest from the Client on the outstanding amount.
13.5. The obligation to pay penalties shall not affect the obligation to compensate damages in full.
13.6. Even after termination of the Contract, Jobiflow is obliged to comply with all obligations arising from the relevant legal regulations governing obligations in the protection of personal data, in particular to prevent any unauthorized handling of personal data until, according to the Client's instructions, it hands over such data to the Client or to a third party designated by the Client, or carries out their secure disposal.
14. TERMINATION OF THE CONTRACT WITHOUT A NOTICE PERIOD
14.1. Jobiflow is entitled to terminate the Contract without a notice period if:
a) the documents supplied by the Client are in conflict with applicable law, good morals, public order, etc. (especially if they promote violence, racism, discrimination against groups of the population, etc.),
b) the Client is in default with payment of any of its debts towards Jobiflow (regardless of whether the debt arose from the Contract or on the basis of another contract),
c) the Client damages the good reputation of Jobiflow or its trademarks,
d) the Client requests the presentation of information in the Electronic System that is contrary to Art. 5.1 of the GTC,
e) Jobiflow discovers errors in the Client's Reactions systems according to Art. 5.3 of the GTC,
f) Jobiflow discovers conduct by the Client contrary to Arts. 5 to 8 of the GTC, and
g) the Client materially breaches the Contract, and
h) bankruptcy proceedings have been initiated against the Client, the Client has entered into liquidation, or the Client's bankruptcy has been declared.
14.2. The Client is entitled to terminate the Contract without a notice period only in the event of a material breach of obligations by Jobiflow. A material breach means in particular such a breach of Jobiflow's obligations that leads to a demonstrable complete interruption of the provision of the Services by Jobiflow for a period longer than 10 consecutive working days in total, except in cases where the interruption is caused by force majeure.
14.3. Termination of the Contract without a notice period shall have effect only for the future.
14.4. Termination under this article must be in writing and delivered to the other Party in the manner pursuant to Art. 18 of the GTC. The termination becomes effective on the day of delivery to the other Party.
15. COMPENSATION FOR DAMAGES
15.1. In the event of defective performance by Jobiflow, the Parties have agreed that Jobiflow shall:
a) provide the Client with compensation by substitute provision of other Services of corresponding value, or
b) provide other substitute performance as agreed by the Parties.
15.2. Jobiflow shall not be liable for damage caused as a result of force majeure or failures outside Jobiflow's technical equipment. “Force majeure” means a temporary or permanent extraordinary, unforeseeable and insurmountable obstacle arising independently of Jobiflow's will. If a force majeure event arises on Jobiflow's side, Jobiflow is obliged to notify the Client of this situation and its cause without undue delay. Unless otherwise agreed, Jobiflow shall continue performing the Contract to the extent of its best possibilities and capabilities, including with the use of available alternative means, so as to achieve the agreed obligations.
15.3. Jobiflow's liability for damage caused by Jobiflow's technical and software equipment in connection with the concluded Contract is limited, for each individual Service, to the amount paid by the Client for the affected Service under the concluded Contract for the period preceding the возникновения of the claim, but no more than 12 months. Jobiflow is not obliged to compensate the Client for damage that it could not have foreseen at the time of concluding the Contract.
15.4. The limitation of liability under Art. 15.3 of the GTC shall not apply to cases where the damage was caused intentionally or by gross negligence, nor to claims that cannot be validly limited or excluded under applicable law.
15.5. Jobiflow shall not be liable for indirect damage, loss of profit, loss of business opportunities, loss of data or damage to the Client's reputation, unless such liability arises directly from mandatory provisions of the applicable law.
15.6. The Client is obliged to assert a claim for damages against Jobiflow in writing without undue delay after becoming aware of the damage, but no later than within 6 months from its occurrence, otherwise the claim shall lapse, unless the applicable law provides otherwise.
16. COPYRIGHTS AND TRADEMARKS
16.1. The Client is obliged to procure licenses for the use of all works presented upon publication of information, in particular, but not exclusively slogans, images, audiovisual recordings or advertisements, that will be used in connection with the provision of the Services by Jobiflow, and is also obliged to pay the remuneration for the granting of these licenses and all other costs related thereto. Jobiflow shall not be liable for any infringement of copyright by the Client or as a result of the publication or use of materials provided by the Client. If any damage arises to Jobiflow in connection with the Client's breach of this provision, the Client shall compensate Jobiflow for it without undue delay after being called upon to do so by Jobiflow.
16.2. The Client is not entitled to use the Electronic System otherwise than for its own (internal) use or in a manner exceeding the scope of use expressly permitted by Jobiflow; in particular, its use in the form of dissemination and copying or other technical processing without demonstrable prior written consent of Jobiflow is prohibited. Likewise, any interference with the technical or factual content of the website by Clients is prohibited.
16.3. The right to download and store or print materials stored in the Electronic System is permitted only for private (internal) purposes, whereby the materials thus obtained may not be further distributed or reproduced in any way. Any other reproductions or modifications carried out by any mechanical or electronic means without the prior written consent of Jobiflow are prohibited.
16.4. The Client grants Jobiflow a free, non-exclusive, territorially unlimited and time-limited license to use the materials supplied by the Client (especially logos, texts, images and other works) to the extent necessary for the proper provision of the Services under the Agreement. The license is granted for the duration of the Agreement and for a reasonable period after its termination necessary for the fulfillment of Jobiflow's obligations arising from the applicable law or the Agreement.
16.5. The Client is responsible for ensuring that it has all necessary rights to grant the license under Article 16.4 of the GTC and that the use of the materials in accordance with the Agreement will not infringe the rights of third parties.
17. CERTAIN PROVISIONS IN CONNECTION WITH THE ADOPTION OF THE DSA
17.1. Jobiflow operates Electronic Systems which are considered intermediary services within the meaning of the DSA, with some of them also being online platforms.
17.2. Jobiflow has mechanisms in place that allow any person to report the presence of illegal content in the Electronic System, and not only in connection with the DSA. For this purpose, Jobiflow has established a single point of contact for recipients of the services (Clients or Users) and public authorities, which is available at the company's registered office address or at the email address stated in Article 1.6 of the GTC. Communication with Jobiflow is possible in Slovak or English.
17.3. If you wish to report the presence of unlawful content in the Electronic System, it is necessary to provide the following information:
a) a sufficiently substantiated explanation of the reasons why the content or information in question is alleged to be illegal content,
b) the exact electronic location of that information, such as the exact URL or URLs, or where necessary, additional information enabling the identification of the illegal content adapted to the type of content and the specific type of hosting service,
c) the name and email address of the complainant, except in cases where the information is presumed to relate to one of the criminal offenses referred to in Articles 3 to 7 of Directive 2011/93/EU (information which you believe relates to the criminal offense of sexual abuse, sexual exploitation, child pornography, solicitation of children for sexual purposes, or aiding, abetting, inciting, or attempting to commit such offenses) and
d) the following statement: "As the complainant, I confirm my good faith belief that the information and allegations contained in the notice are accurate and complete".
17.4. Jobiflow processes all notices diligently, impartially and objectively. Jobiflow shall inform the complainant without undue delay of the receipt of the relevant notice and shall timely deliver its decision on the assessment of the notice, or information about the measures taken and the remedy.
17.5. Jobiflow shall provide the complainant, as well as the Client and the User (the affected recipients of the Service), with an explanation in the event of the imposition of restrictions, whereby a restriction is understood to mean: any restriction of the visibility of specific information provided by the recipient of the Service including removal of content, disabling access to content or downgrading of content placement, suspension, termination or other restriction of monetary payments, complete or partial suspension or termination of the provision of the Service relating to the content of the Electronic System due to the fact that the information or content is illegal or is in breach of the GTC (in particular: Article 5.1 of the GTC) of Jobiflow.
17.6. Jobiflow shall provide and deliver an explanation only if the electronic contact details of the affected recipients of the Service and the complainant are known.
17.7. The affected recipients of the Service and the complainant have the right, during a period of six months from the sending of the decision, to submit a complaint against Jobiflow's decision free of charge to the contact details stated in Article 1.6 of the GTC, which shall be decided by the head of the department after consultation with Jobiflow's legal department, whereby the complaint must clearly identify the decision against which the complaint is directed.
17.8. In addition to the rights set out above, the affected recipients of the Service and the complainant may also initiate out-of-court dispute resolution before a so-called certified body for out-of-court dispute resolution at any time. The list of these bodies is maintained by the Council for Media Services.
17.9. The relevant recipients of the Service and the complainant also have the right to assert their rights in court at any time.
18. DELIVERY OF DOCUMENTS
18.1. Any communication between the Parties in connection with the Agreement or the GTC shall take place primarily electronically via the Electronic System or by email to the addresses stated in the Electronic System or in the Agreement. Delivery by postal service is possible to the address of the Parties' registered office stated in the Agreement or in the relevant public register.
18.2. A document delivered by email shall be deemed delivered on the day it is sent to the other Party's email address, unless the sender receives notice of non-delivery without undue delay. If an email is sent after 5:00 p.m. on a business day or on a public holiday, it shall be deemed delivered on the next business day.
18.3. A document delivered by post shall be deemed delivered on the day it is received by the addressee or on the day the addressee refused to accept it, or on the day the storage period at the post office expires, if the addressee was not reached and the consignment was stored for them — whichever of these events occurs first (fiction of delivery). If the addressee's address is unknown or does not exist, the document shall be deemed delivered on the day the consignment is returned to the sender.
18.4. The Client is obliged to notify Jobiflow without delay of any change to the contact details stated in the Electronic System or in the Agreement. If it fails to do so, it bears the consequences of unsuccessful delivery caused by the use of outdated data.
19. FINAL PROVISIONS
19.1. Jobiflow is entitled to unilaterally amend or supplement the wording of these T&Cs, as well as other contractual terms and conditions that form part of the Agreement, to a reasonable extent, if a reasonable need for their amendment arises. In such a case, Jobiflow shall be obliged to notify the Client of the effective date of the new wording of the terms and conditions affected by the amendment no later than 15 working days before the date on which the new terms and conditions take effect, and shall notify the Client of these new terms and conditions affected by the amendment in an appropriate manner, in particular, but not exclusively, via email or the Electronic System used by the Client. A reasonable extent means an amendment to any provision of these T&Cs, as well as other documents to which these T&Cs refer.
19.2. If the Client does not agree with the terms and conditions notified by Jobiflow pursuant to Article 19.1 of the T&Cs, it is entitled to terminate the Agreement by delivering its disagreement no later than 15 days from the date of notification by Jobiflow. In such a case, the Agreement shall be terminated on the date the new terms and conditions affected by the amendment take effect, or on the date the Client's disagreement is delivered, whichever occurs later.
19.3. A change to the Price List is not considered an amendment to these T&Cs. Jobiflow is entitled to unilaterally amend the Price List pursuant to Article 19.1 of the T&Cs, with the new prices applying only to orders delivered to Jobiflow after the effective date of the new Price List. The price for already purchased Ads or Subscription shall not change as a result of a change to the Price List.
19.4. An informative English translation of these T&Cs may be available upon request. In the event of any discrepancy between the English or any other foreign-language version, the Slovak-language version shall prevail.
19.5. The Parties agree that their legal relationship shall be governed by the laws of the Slovak Republic and disputes between them shall fall within the exclusive jurisdiction of the courts of the Slovak Republic.
19.6. If any provision of these T&Cs is or becomes invalid, ineffective or unenforceable, this shall not affect the validity, effectiveness or enforceability of the remaining provisions of the T&Cs. The Parties undertake to replace such invalid, ineffective or unenforceable provision with a new provision whose content and purpose will be as close as possible to the content and purpose of the original provision.
19.7. The Client is not entitled to assign its claims against Jobiflow or transfer the rights and obligations under the Agreement to a third party without Jobiflow's prior written consent. Jobiflow is entitled to assign its claims against the Client to a third party even without the Client's consent.
19.8. The Parties exclude the application of Section 545(2) of the Civil Code — the contractual penalty agreed in the Agreement or resulting from these T&Cs does not prevent Jobiflow from claiming compensation for damages in full amount exceeding the amount of the contractual penalty.
19.9. These T&Cs together with the Agreement, the Price List, the Personal Data Processing Terms, the Personal Data Processing Policy and the Cookie Policy constitute the entire agreement of the Parties regarding the subject matter hereof and supersede all prior oral or written agreements on the same matter.
19.10. These T&Cs are valid and effective from 26.5.2026.
Jobiflow s. r. o.