Terms of Service

1. Introduction

These Terms of Service ('Terms') govern the use of the RecruitMail recruiter platform (the 'Service') provided by RecruitMail ('Provider', 'we', 'us'). By creating an account, you ('Recruiter', 'you') agree to be bound by these Terms.

2. Nature of the Service

The Service provides recruiters with tools to manage candidate communication via system-generated aliases, collect interview feedback, and streamline recruitment workflows. The Service does not guarantee successful placements, uninterrupted availability, or error-free operation.

3. Data Protection and GDPR Compliance

Recruiter acts as Data Controller for all candidate and client data processed in the Service. RecruitMail acts as Data Processor, processing data solely on Recruiter's documented instructions, except where RecruitMail determines its own purposes (e.g., anonymised analytics, logs).

Recruiter is solely responsible for obtaining lawful basis (e.g., consent, legitimate interest), providing privacy notices to candidates and clients, and ensuring compliance with applicable data protection laws. RecruitMail will implement technical and organisational measures to protect data, but disclaims liability for Recruiter's failure to meet Controller duties. A Data Processing Agreement (DPA) forms part of these Terms.

4. Alias Use

Each alias is unique to a candidate and may not be reused for other purposes. When an alias is deactivated, incoming emails are rejected with a bounce message. Default bounce messages contain only minimal information.

Recruiters may customise bounce templates, but remain solely responsible for ensuring customised content is lawful. Recruiters are also responsible for obtaining candidate consent for alias use and informing clients about alias routing.

5. Recruiter Responsibilities

Recruiters confirm they have a lawful basis to create aliases and process candidate/client data. Recruiters agree not to use the Service to send unsolicited communications, spam, or content in violation of applicable laws (including GDPR, ePrivacy, UWG in Germany, and CAN-SPAM where applicable).

Recruiters are solely responsible for the accuracy of data entered into the Service. If Recruiters use their own email domains for alias routing, they are solely responsible for the deliverability, configuration (SPF, DKIM, DMARC), and reputation of those domains.

6. Provider Responsibilities

RecruitMail will use reasonable efforts to maintain the availability and security of the Service. The Service is provided 'as is' without warranties of any kind, whether express or implied.

7. Liability and Indemnity

To the maximum extent permitted by law, RecruitMail shall not be liable for: loss of profits, business, or opportunities; indirect or consequential damages; claims arising from Recruiter's misuse of the Service, including spam or unlawful data processing.

RecruitMail's total liability in any 12-month period shall not exceed the total fees paid by Recruiter during that period.

Recruiter agrees to indemnify and hold harmless RecruitMail from any claims, fines, damages, or costs arising out of:
• Recruiter's breach of data protection obligations
• Recruiter's use of customised bounce emails
• Recruiter's unlawful processing of candidate/client data

8. Technical Failures and Service Availability

RecruitMail does not guarantee uninterrupted or error-free operation. Scheduled maintenance or unforeseen outages may result in temporary downtime. RecruitMail shall not be liable for any damages caused by downtime, delays, delivery failures, spam filtering, or email deliverability issues outside RecruitMail's control, including failures caused by Recruiters' own domains or third-party services.

9. Financial Claims

The Service is a tool; it does not guarantee placements, revenue, or business outcomes. Recruiters acknowledge that all hiring results depend on their own actions and decisions. No compensation shall be due for failed placements, delayed communications, or unsuccessful deals.

10. Termination

Either party may terminate with written notice. Upon termination, Recruiters may export data for 30 days; thereafter data will be deleted or anonymised unless legally required otherwise.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of Germany. Exclusive jurisdiction lies with the courts of Munich.

Questions about these Terms?

If you have any questions about these Terms of Service, please contact us at legal@recruitmail.com