Terms of Service

These Terms of Service (the "Terms") govern access to and use of the Backrow applicant tracking platform and related services (collectively, the "Service") provided by 3C Consulting d.o.o. ("Backrow", "we", "us"). By signing an Order Form, clicking "I accept", or otherwise accessing or using the Service, the entity identified as the customer ("Customer", "you") agrees to be bound by these Terms. The individual accepting these Terms represents that they are authorized to bind the Customer. If you do not agree, do not access or use the Service.

The Service is intended solely for use by businesses and their authorized personnel in connection with recruitment activities. It is not offered to consumers or to individuals for personal use.

1. Definitions

"Affiliate" means any entity that controls, is controlled by, or is under common control with a party.
"Authorized User" means an employee, contractor, or agent of Customer authorized by Customer to use the Service under Customer's account.
"Candidate Data" means personal data relating to job applicants or prospective candidates that is uploaded, entered, or processed through the Service by or on behalf of Customer.
"Customer Data" means all data, content, and information submitted to the Service by or on behalf of Customer, including Candidate Data.
"Documentation" means the official user guides and technical documentation made available by Backrow.
"DPA" means the Data Processing Addendum entered into between the parties, which forms part of these Terms.
"Order Form" means an ordering document or online order specifying the subscription plan, fees, and term.
"Subscription Term" means the term of Customer's subscription to the Service, as specified in the Order Form.

2. The Service

2.1 Access and Use

Subject to these Terms and payment of applicable fees, Backrow grants Customer a non-exclusive, non-transferable, worldwide right to access and use the Service during the Subscription Term, solely for Customer's internal business purposes in connection with recruitment and hiring activities.

2.2 Authorized Users

Customer is responsible for all activity conducted under its account, including the acts and omissions of its Authorized Users. Customer shall ensure that each Authorized User complies with these Terms, keeps credentials confidential, and does not share accounts. Backrow may suspend access for any Authorized User who violates these Terms.

2.3 Service Changes

Backrow may modify the Service from time to time, including adding, changing, or removing features, provided that such modifications do not materially reduce the core functionality of the Service during the then-current Subscription Term.

2.4 Beta Features

Features identified as "beta", "preview", "experimental", or similar are provided "as is" without warranty and may be modified or discontinued at any time. Service Level commitments do not apply to beta features.

3. AI-Assisted Features

3.1 Opt-In Basis

The Service includes optional artificial intelligence and machine learning features, including resume parsing, candidate-job matching, and scoring (the "AI Features"). The AI Features are disabled by default. Customer must expressly enable them to activate processing, and may disable them at any time.

3.2 Nature of Output

AI Features produce probabilistic outputs that may be incomplete, inaccurate, or biased. Outputs are intended to assist human decision-making, not to replace it. Customer acknowledges that AI Features are a decision-support tool only.

3.3 Human Oversight and Non-Discrimination

Customer is solely responsible for hiring decisions. Customer shall (i) maintain meaningful human review of any AI-assisted output before it influences a hiring decision; (ii) not use AI Features as the sole basis for rejection, selection, or ranking of candidates where prohibited by applicable law; and (iii) comply with all applicable laws relating to automated decision-making, anti-discrimination, and employment, including the EU AI Act, the GDPR, and applicable local laws in jurisdictions where Customer recruits.

3.4 No Training on Customer Data

Backrow does not use Candidate Data or other Customer Data to train foundation or general-purpose AI models. Customer-specific learning may occur within Customer's isolated tenant where such learning is part of the AI Feature being used.

4. Customer Responsibilities and Acceptable Use

4.1 Lawful Use

Customer shall use the Service in compliance with all applicable laws and regulations, and shall obtain and maintain all rights, consents, and legal bases required to upload Candidate Data and other Customer Data to the Service.

4.2 Prohibited Conduct

Customer shall not, and shall not permit any Authorized User or third party to:

reverse engineer, decompile, or attempt to derive the source code of the Service, except where such restriction is prohibited by law;
circumvent any security or access controls, or use the Service to probe, scan, or test the vulnerability of any system;
use the Service to transmit malware, spam, or unlawful, infringing, harassing, or defamatory content;
resell, sublicense, or make the Service available to any third party, except to Authorized Users;
use the Service to build or benchmark a competing product or to copy its features or user interface;
use the Service in violation of export control, sanctions, or anti-discrimination laws;
upload data for which Customer lacks a lawful basis to process;
scrape, crawl, or harvest data from the Service other than through documented APIs.

4.3 Customer Data License

Customer retains all rights in Customer Data. Customer grants Backrow a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide, secure, and support the Service, and as further described in the DPA.

5. Fees and Payment

5.1 Fees

Customer shall pay the subscription fees set out in the applicable Order Form. Unless otherwise specified, fees are stated in euros (EUR), are exclusive of VAT and other applicable taxes, and are non-refundable except as expressly provided in these Terms.

5.2 Invoicing and Payment Terms

Fees are invoiced in advance on a monthly or annual basis, as specified in the Order Form. Invoices are due within 15 days of the invoice date. Overdue amounts accrue interest at the statutory default interest rate under Croatian law from the due date until paid.

5.3 Taxes

Customer is responsible for all applicable taxes (including VAT), duties, and similar charges, other than taxes based on Backrow's net income. Where Customer is a VAT-registered business in an EU Member State other than Croatia, Customer shall provide a valid VAT identification number and the reverse-charge mechanism will apply where permitted.

5.4 Suspension for Non-Payment

If any undisputed amount is more than 15 days overdue, Backrow may, after providing written notice, suspend the Service until payment is received.

5.5 Price Changes

Backrow may change fees for a renewal term upon at least 30 days' prior written notice before the start of the renewal term. For the current Subscription Term, fees are fixed at the amount specified in the Order Form.

5.6 Refunds and Cancellations

General rule. Fees are paid in advance and are non-refundable, except as expressly provided in this Section 5.6 or elsewhere in these Terms. Customer may cancel its subscription at any time; cancellation stops future renewals but does not entitle Customer to a refund of fees already paid for the current Subscription Term.

When we refund. Backrow will issue a refund in the following circumstances:

Duplicate or erroneous charge. If Customer is charged in duplicate or in error as a result of a billing mistake by Backrow or Stripe, Backrow will refund the incorrect amount in full within 10 business days of confirming the error.
Unauthorized charge. If Customer reports a charge that it did not authorize, Backrow will investigate and, where confirmed, issue a full refund.
Service failure (warranty remedy). If Backrow cannot correct a material non-conformity of the Service within a reasonable time, as described in Section 10.2, Customer may terminate the affected subscription and receive a pro-rata refund of prepaid, unused fees.
Termination for IP infringement. If Backrow terminates a subscription under Section 11.1 because the Service becomes the subject of an infringement claim, Backrow will refund prepaid, unused fees.
Rejection of material changes. If Customer terminates a subscription because it does not agree to a material change to these Terms, as described in Section 15.2, Backrow will refund prepaid, unused fees on a pro-rata basis.
Sub-processor objection. If Customer terminates the affected subscription after a reasonable objection to a new Sub-processor that the parties cannot resolve, as described in the DPA, Backrow will refund prepaid, unused fees on a pro-rata basis.

When we do not refund. Except as set out above, Backrow does not refund:

fees for the remainder of a subscription term after voluntary cancellation by Customer;
fees for periods during which the Service was available but not used by Customer or its Authorized Users;
fees attributable to a suspension or termination for Customer's breach of these Terms, including breach of Section 4.2 (Prohibited Conduct) or non-payment;
set-up, onboarding, implementation, or professional services fees, once the corresponding work has been performed.

How to request a refund. Refund requests must be made in writing to support@backrow.app within 60 days of the disputed charge. Backrow will review the request and respond within 10 business days. Approved refunds are returned to the original payment method via Stripe. Refunds to a different account are not supported.

Chargebacks. Before initiating a chargeback with Customer's card issuer or bank, Customer agrees to contact Backrow in good faith to seek resolution. Chargebacks initiated without first contacting Backrow may be disputed with evidence of the Agreement and usage records. If a chargeback is reversed in Backrow's favor, Backrow may pass through any associated chargeback fees charged by Stripe.

Taxes. Refunds are issued net of any non-recoverable taxes, duties, or fees withheld or paid by Backrow on the original transaction.

Statutory rights. Nothing in this Section 5.6 limits rights that Customer may have under mandatory provisions of applicable law. The Service is offered to businesses only and consumer-withdrawal rights under EU Directive 2011/83/EU do not apply.

6. Term and Termination

6.1 Term and Renewal

These Terms commence on the Effective Date and continue for the Subscription Term specified in the Order Form. The Subscription Term automatically renews for successive periods of equal length unless either party gives written notice of non-renewal at least 30 days before the end of the then-current term.

6.2 Termination for Cause

Either party may terminate these Terms on 30 days' written notice if the other party materially breaches the Terms and fails to cure the breach within that notice period. Backrow may terminate immediately if Customer breaches Section 4.2 (Prohibited Conduct) or fails to pay undisputed fees for more than 30 days after they are due.

6.3 Effect of Termination

Upon termination or expiration: (a) Customer's right to access the Service ceases; (b) Customer shall pay all fees accrued through the effective date of termination; (c) each party shall return or destroy the other's Confidential Information, except as required for legal or regulatory retention; and (d) Customer Data will be handled as described in the DPA.

6.4 Data Export

For 30 days after termination, Backrow will make Customer Data available for export in a commonly used machine-readable format, unless prohibited by law. After that period, Backrow may delete Customer Data from its production systems, subject to residual backup retention described in the DPA.

7. Data Protection and Security

7.1 Roles

As between the parties, Customer is the controller and Backrow is the processor of Candidate Data and other personal data contained in Customer Data, within the meaning of the GDPR. The DPA governs the processing of such data and is incorporated by reference.

7.2 Hosting and International Transfers

The Service is hosted on Amazon Web Services infrastructure in the United States. By using the Service, Customer instructs Backrow to transfer Customer Data to the United States. Such transfers are carried out pursuant to the Standard Contractual Clauses approved by the European Commission and, where applicable, the EU-U.S. Data Privacy Framework, together with supplementary measures as described in the DPA.

7.3 Security

Backrow implements appropriate technical and organizational measures designed to protect Customer Data against unauthorized access, loss, or alteration, as further described in the DPA. Customer is responsible for configuring its account, managing access credentials, and determining the appropriate security settings for its use case.

7.4 Sub-processors

Customer authorizes Backrow to engage sub-processors as listed in the DPA. Backrow will notify Customer of material changes to the sub-processor list and provide an opportunity to object on reasonable grounds.

8. Confidentiality

Each party (the "Receiving Party") shall (a) use the other party's Confidential Information solely to perform its obligations and exercise its rights under these Terms; (b) protect it using the same degree of care it uses for its own confidential information of like kind, and not less than reasonable care; and (c) not disclose it to any third party except to employees, contractors, or advisors bound by confidentiality obligations no less protective than these. Confidential Information does not include information that is or becomes publicly known through no fault of the Receiving Party, was known before disclosure, is independently developed without use of the other party's Confidential Information, or is rightfully received from a third party. Disclosure required by law or court order is permitted, provided the Receiving Party gives prompt notice where legally permitted.

9. Intellectual Property

9.1 Backrow IP

Backrow and its licensors own all right, title, and interest in and to the Service, including all software, algorithms, models, documentation, and related intellectual property. Except for the limited rights expressly granted in these Terms, no rights are granted to Customer.

9.2 Feedback

If Customer provides suggestions, improvement ideas, or feedback regarding the Service, Backrow may use such feedback without restriction or obligation.

9.3 Aggregated and Anonymized Data

Backrow may generate and use aggregated or anonymized data derived from the operation of the Service (which does not identify Customer, any Authorized User, or any candidate) for purposes such as improving the Service, benchmarking, analytics, and research.

10. Warranties and Disclaimer

10.1 Mutual Warranties

Each party warrants that it has the legal power and authority to enter into these Terms.

10.2 Backrow Warranty

Backrow warrants that the Service will perform materially in accordance with the Documentation during the Subscription Term. As Customer's sole remedy for any breach of this warranty, Backrow will use commercially reasonable efforts to correct the non-conformity or, if it is unable to do so within a reasonable time, Customer may terminate the affected Order Form and receive a pro-rata refund of prepaid, unused fees.

10.3 Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BACKROW DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. BACKROW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

11. Indemnification

11.1 By Backrow

Backrow will defend Customer against any third-party claim alleging that the Service, when used in accordance with these Terms, infringes a third party's patent, copyright, or trademark, and will pay damages and costs finally awarded by a court of competent jurisdiction or agreed in settlement. If the Service is, or in Backrow's opinion is likely to become, the subject of such a claim, Backrow may, at its option: (a) procure the right for Customer to continue using it; (b) modify or replace it to make it non-infringing; or (c) terminate the affected subscription and refund prepaid, unused fees. Backrow has no obligation for claims arising from: (i) modifications not made by Backrow; (ii) combination of the Service with items not supplied by Backrow; (iii) Customer Data; or (iv) use of the Service in breach of these Terms.

11.2 By Customer

Customer will defend Backrow against any third-party claim arising from (a) Customer Data, including claims that Customer Data infringes third-party rights or violates applicable law; (b) Customer's use of the Service in violation of these Terms or applicable law; or (c) hiring or employment decisions made by Customer, and will pay damages and costs finally awarded or agreed in settlement.

11.3 Procedure

The indemnified party shall (a) promptly notify the indemnifying party of the claim; (b) give the indemnifying party sole control of the defense and settlement (provided that any settlement requiring admission of liability or payment by the indemnified party requires its consent); and (c) provide reasonable cooperation at the indemnifying party's expense.

12. Limitation of Liability

12.1 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Liability Cap

EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO BACKROW UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.3 Exceptions

The limitations in Sections 12.1 and 12.2 do not apply to: (a) Customer's payment obligations; (b) a party's indemnification obligations under Section 11; (c) breach of Section 8 (Confidentiality); (d) Customer's breach of Section 4.2 (Prohibited Conduct); or (e) liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, fraud, or intentional misconduct.

12.4 Basis of the Bargain

The parties acknowledge that the fees reflect the allocation of risk set out in this Section 12, and that these limitations are a fundamental basis of the bargain between the parties.

13. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental action, epidemics, internet or utility failures, or large-scale cyberattacks affecting third-party infrastructure. The affected party shall notify the other and use reasonable efforts to mitigate the impact.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the Republic of Croatia, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14.2 Jurisdiction

The parties submit to the exclusive jurisdiction of the competent courts in Zagreb, Croatia, for any dispute arising out of or in connection with these Terms. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

14.3 Good Faith Discussions

Before initiating formal proceedings, the parties will attempt in good faith to resolve any dispute through senior-level discussions for at least 30 days after written notice of the dispute.

15. General Provisions

15.1 Notices

Notices must be in writing and sent to the address specified in the Order Form (for Customer) or to the registered office of Backrow (set out in the Imprint below), with a copy by email to support@backrow.app. Notices are deemed received on delivery by courier, on the third business day after posting by registered mail, or on confirmed email transmission followed by postal copy.

15.2 Changes to these Terms

Backrow may update these Terms from time to time. Material changes will take effect no earlier than 30 days after notice to Customer (by email or in-product notification). Continued use of the Service after the effective date constitutes acceptance. If Customer does not agree to a material change, Customer may terminate the affected subscription before the effective date and receive a pro-rata refund of prepaid, unused fees.

15.3 Assignment

Neither party may assign these Terms without the other party's prior written consent, except that either party may assign these Terms to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, upon written notice. Any assignment in violation of this Section is void.

15.4 Entire Agreement

These Terms, together with the DPA, any Order Form, and any other documents expressly incorporated by reference, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements and understandings on that subject matter.

15.5 Order of Precedence

In the event of a conflict, the order of precedence is: (1) the Order Form, (2) the DPA, (3) these Terms.

15.6 Severability and Waiver

If any provision is held unenforceable, the remaining provisions remain in effect and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent. Failure to enforce any provision is not a waiver of future enforcement.

15.7 No Partnership

These Terms do not create any partnership, joint venture, agency, or employment relationship between the parties. Neither party has authority to bind the other.

15.8 Third-Party Beneficiaries

These Terms do not create any rights for third parties.

15.9 Language

The English language version of these Terms is the controlling version. Translations are provided for convenience only.

Imprint — Legal Information

In accordance with applicable Croatian and EU law, the following information identifies the operator of the Service:

Company name: 3C Consulting d.o.o.
Registered office: Sunčana 1, 31500 Našice, Croatia
Country: Republic of Croatia
Company registration number (MBS): 050021287
Personal identification number (OIB): 30416450374
Commercial court of registration: Trade Court in Osijek
Legal representative: Melita Crnković, Josip Crnković
VAT identification number: HR30416450374
Contact email: support@backrow.app

Out-of-court consumer dispute resolution: The Service is offered exclusively to business customers and is not intended for consumers. Where a statutory out-of-court dispute resolution mechanism applies under Croatian or EU law, details will be provided on request.

EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr (applicable only where a consumer relationship arises, which is not expected under these Terms).