Terms of service — Frontline

These Frontline CRM Platform Terms of Service (the "Terms") govern access to and use of the Frontline CRM platform, websites, applications, AI-assisted functionality and related services (collectively, the "Services") provided by Frontline CRM GmbH ("Frontline", "Company", "we", "our" or "us").

By creating an Account, activating a subscription, purchasing a subscription, clicking an "I Agree", "Accept", "Create Account", "Continue" or similar button, or otherwise accessing or using the Services, you agree to be bound by these Terms.

If you are accepting these Terms on behalf of a company, employer, recruitment agency, staffing provider or another legal entity (an "Organization"), you represent and warrant that you have the authority to bind such Organization to these Terms. In such case, references to "you" and "your" shall refer to that Organization.

If you do not agree to these Terms, you must not access or use the Services.

These Terms apply in addition to our Privacy Policy and Data Processing Addendum ("DPA"), both of which are incorporated herein by reference.

Electronic acceptance of these Terms shall have the same legal effect as a handwritten signature.

1. Definitions

For purposes of these Terms, the following definitions shall apply:

"Account" means an account created to access and use the Services.

"AI-Assisted Functionality" means any AI-powered or AI-assisted feature, including AI-generated summaries, preliminary candidate categorizations, AI voice interactions, communication assistance, suggested responses, transcripts and similar functionality.

"Beta Services" means any feature designated by Frontline as beta, pilot, early access, preview, experimental or similar.

"Candidate" means any individual whose information is uploaded to, processed through, or otherwise managed via the Services for recruitment or employment-related purposes.

"Candidate Data" means any information relating to a Candidate, including application information, CVs, resumes, communications, notes, transcripts and other recruitment-related information.

"Candidate Interaction" means any communication, call, conversation, messaging interaction, application flow or other engagement involving a Candidate processed through the Services.

"Confidential Information" means any non-public information disclosed by one party to the other, whether oral, written, electronic or otherwise, that is designated as confidential or that reasonably should be understood to be confidential. "Customer" means the Organization that has created an Account, purchased a subscription or otherwise obtained access to the Services.

"Customer Data" means all information, content and data submitted, uploaded, transmitted or otherwise made available by or on behalf of the Customer through the Services.

"Organization" means a company, employer, recruitment agency, staffing provider or other legal entity using the Services.

"Pricing Page" means the publicly available webpage displaying Frontline's subscription plans, usage limits, pricing information and related commercial information.

"Services" means the Frontline CRM platform and all related products, functionality, integrations and services made available by Frontline.

"Subscription Order" means the electronic or written order confirmation, checkout flow, order summary or other commercial document specifying the Customer's selected subscription plan, pricing, billing cycle and applicable usage limits.

"Third-Party Providers" means third-party vendors, subprocessors, infrastructure providers, telecommunications providers, AI providers and integration partners used in connection with the Services.

"User" means any individual authorized by the Customer to access or use the Services.

2. Services

Frontline provides a software-as-a-service (SaaS) platform designed to support recruitment and candidate relationship management activities.

Depending on the applicable subscription plan, enabled functionality and platform configuration, the Services may include:

candidate databases and recruitment pipelines;
candidate relationship management functionality;
branded job application pages;
application forms and candidate intake workflows;
WhatsApp Business integrations;
SMS communications;
AI-assisted communication workflows;
AI-assisted voice functionality;
AI-generated summaries and candidate insights;
analytics and reporting functionality;
data export functionality;
integrations with third-party providers; and
related features and services.

Frontline may, from time to time:

modify;
improve;
replace;
suspend;
limit; or
discontinue

certain features or functionality, provided that such changes do not materially deprive Customers of the core functionality of the Services, except where required for security, legal, regulatory or operational reasons.

Nothing in these Terms shall be interpreted as an obligation for Frontline to maintain any specific feature indefinitely.

3. Accounts and Users

You may access and use the Services only if:

you are legally authorized to act on behalf of your Organization;
all registration information is accurate, complete and up to date;
you maintain the confidentiality of your account credentials; and
you comply with these Terms and applicable laws.

You are solely responsible for:

all activities performed under your Account;
all actions taken by your Users;
assigning and managing user permissions;
safeguarding passwords and authentication credentials; and
promptly revoking access for unauthorized Users;
ensuring that all Users comply with these Terms.

You shall promptly notify Frontline upon becoming aware of:

any unauthorized access;
compromised credentials;
security incidents; or
any unauthorized use of the Services.

Frontline may suspend access to affected Accounts where reasonably necessary to protect the security, integrity or availability of the Services.

4. Customer Responsibilities

The Customer remains solely responsible for all recruitment and employment-related activities conducted through the Services.

Without limitation, the Customer is solely responsible for:

4.1 Recruitment Activities

defining recruitment purposes and hiring objectives;
creating job descriptions and qualification criteria;
determining mandatory requirements;
defining screening questions;
configuring workflows;
determining evaluation methodologies; and
making all recruitment and hiring decisions.

4.2 Candidate Communications

The Customer is solely responsible for:

all communications sent to Candidates;
the accuracy of information provided to Candidates;
candidate disclosures;
obtaining required consents; and
compliance with applicable laws governing such communications.

4.3 Privacy and Data Protection

The Customer shall ensure that:

an appropriate legal basis exists for all processing activities;
all legally required notices are provided;
all required consents are obtained;
retention periods are determined and implemented;
data subject requests are properly handled; and
all Candidate Data is lawfully collected and processed.

4.4 Regulatory Compliance

The Customer is solely responsible for compliance with all laws applicable to its activities, including:

employment laws;
labor laws;
recruitment laws;
anti-discrimination laws;
telecommunications laws;
privacy laws;
AI regulations; and
other laws applicable in its jurisdictions.

4.5 Candidate-Facing Obligations

The Customer shall ensure that Candidates are appropriately informed about:

the use of AI-assisted functionality;
call recording, where applicable;
international data transfers, where required;
applicable privacy notices; and
available communication channels.

Where required by applicable law, the Customer shall provide Candidates with an alternative non-recorded communication channel.

5. Data Protection Roles

For purposes of applicable data protection laws, including GDPR:

the Customer acts as the Controller of Candidate Data; and
Frontline acts as a Processor processing Candidate Data on behalf of the Customer.

The Customer determines:

the purposes of processing;
the means of processing relevant to its recruitment activities;
retention periods;
recruitment criteria; and
all decisions relating to Candidates.

Frontline processes Candidate Data solely for the purpose of providing the Services and in accordance with the Customer's instructions, applicable law and the Data Processing Addendum.

Nothing in the Services transfers data controller obligations from the Customer to Frontline.

6. Employment Law Disclaimer

Frontline is a technology provider only.

Frontline does not provide:

employment advice;
labor law advice;
HR consulting services;
anti-discrimination advice;
recruitment consulting services; or
legal advice.

The Customer remains solely responsible for ensuring that its recruitment activities comply with all applicable laws and regulations in the jurisdictions in which it operates.

Frontline does not review, validate or approve:

job descriptions;
recruitment criteria;
candidate evaluation methodologies;
screening questions;
communications sent to Candidates; or
hiring decisions.

All such activities remain exclusively under the Customer's control and responsibility.

7. AI-Assisted Functionality

The Services may include AI-Assisted Functionality designed to support recruitment and candidate relationship management activities. Depending on the enabled functionality, AI-Assisted Functionality may include:

AI-generated summaries;
AI-assisted communication workflows;
AI voice interactions;
preliminary candidate categorizations;
suggested responses;
transcription services;
candidate insights; and
other assistive tools.

AI-Assisted Functionality is intended solely to support human decision-making and administrative workflows.

AI-generated outputs:

are informational only;
may be inaccurate, incomplete or inconclusive;
may contain errors, omissions or biases;
may not reflect all relevant Candidate information; and
must not be relied upon as the sole basis for any decision.

The Services do not automatically:

reject Candidates;
rank Candidates;
prioritize Candidates;
shortlist Candidates;
advance Candidates;
exclude Candidates;
select Candidates; or
make hiring or employment-related decisions.

Frontline may modify, improve, suspend or discontinue AI-Assisted Functionality from time to time, including where required for legal, regulatory, security or operational reasons.

8. Human Oversight

The Customer shall ensure that appropriately qualified human personnel independently review all AI-assisted outputs before taking any action or decision that may materially affect a Candidate.

The Customer shall not rely exclusively on AI-generated outputs for:

recruitment decisions;
hiring decisions;
employment decisions;
candidate advancement;
candidate rejection; or
any other decision materially affecting a Candidate.

The Customer remains solely responsible for exercising independent judgment in all recruitment activities.

Nothing in the Services is intended to replace human oversight or human decision-making.

9. Prohibited AI Uses

The Customer shall not configure, enable or use the Services for any of the following purposes unless expressly agreed by Frontline in writing and permitted by applicable law:

biometric identification;
biometric categorization;
emotion recognition;
personality profiling;
behavioral profiling;
candidate scoring;
candidate ranking;
suitability scoring;
hiring prediction;
automated assessment of Candidate suitability;
inference of protected characteristics;
inference of sensitive attributes; or
automated decision-making prohibited by applicable law.

Without limitation, the Customer shall not use voice characteristics, accent, emotional state, speech patterns, behavioral traits or similar characteristics as a basis for evaluating Candidate suitability.

The Customer shall not represent or communicate to Candidates that:

AI determines hiring decisions;
AI recommends hiring decisions;
AI identifies the best Candidate;
AI predicts Candidate success;
AI performs suitability assessments; or
AI replaces human recruiters.

The Customer shall not use the Services in any manner that:

is unlawful;
creates unreasonable regulatory risks;
violates anti-discrimination laws;
violates privacy laws; or
is inconsistent with the intended use of the Services.

10. EU AI Act Compliance

The Customer acknowledges that certain uses of the Services may fall within the scope of Regulation (EU) 2024/1689 (the "EU AI Act").

To the extent applicable under the EU AI Act, the Customer is solely responsible for complying with all obligations applicable to it as a deployer or user of AI systems, including:

transparency obligations;
human oversight obligations;
record-keeping obligations;
bias monitoring obligations; and
any other obligations imposed by applicable law.

The Customer shall ensure that Candidates are informed, where required by law, that AI-Assisted Functionality is used during the recruitment process.

Except as expressly stated in these Terms, Frontline makes no representation or warranty that the Services fully comply with all legal or regulatory requirements applicable to the Customer's activities.

Compliance with obligations applicable to the Customer remains solely the Customer's responsibility.

Frontline shall not be liable for fines, penalties, claims or losses arising from:

the Customer's use of the Services in violation of applicable law;
the Customer's failure to implement appropriate human oversight;
the Customer's failure to provide required notices or disclosures; or
the Customer's non-compliance with obligations applicable to it under the EU AI Act.

11. Communications and Voice Functionality

The Services may include communications functionality involving:

WhatsApp Business;
SMS messaging;
AI voice interactions;
call recording;
transcription;
telecommunications services; and
international data transfers.

Certain functionality may rely upon third-party providers located outside the EEA or Switzerland, including providers located in the United States.

The Customer is solely responsible for:

determining whether such functionality may lawfully be used;
obtaining all required notices, disclosures and consents;
complying with telecommunications laws;
complying with employment laws;
complying with privacy laws; and
complying with international data transfer requirements applicable to its activities.

The Customer shall ensure that Candidates are informed when:

AI voice assistants are used;
calls are recorded;
calls are transcribed; or
AI-generated summaries are created,

to the extent required by applicable law.

Where required by applicable law, the Customer shall provide Candidates with an alternative communication channel.

Frontline shall not be liable for any claims, fines, penalties or losses arising from the Customer's failure to comply with such obligations.

12. Third-Party Providers

Certain functionality depends on Third-Party Providers.

Third-Party Providers may include, without limitation:

Meta and WhatsApp;
Vonage;
ElevenLabs;
Mistral AI;
OVH;
Scaleway;
Cloudflare;
Google Workspace;
Posthog;
Mollie; and
other operational service providers.

Frontline does not own, control or operate Third-Party Providers.

Frontline shall not be liable for any:

outages;
interruptions;
delays;
suspensions;
functionality limitations;
changes to terms of service;
discontinuation of services; or
performance issues

caused by Third-Party Providers.

The availability of certain features may depend on:

third-party infrastructure;
telecommunications networks;
internet connectivity;
external APIs; and
third-party service availability.

Frontline may replace, remove or modify Third-Party Providers where reasonably necessary for security, legal, operational or service continuity purposes. Frontline makes no guarantee that any specific Third-Party Provider will remain available indefinitely.

13. Beta Services

Certain features or functionality may be designated by Frontline as beta, pilot, early access, preview, experimental or similar services ("Beta Services").

Beta Services:

may be modified, suspended or discontinued at any time;
may contain bugs, defects or errors;
may not be fully tested;
may have reduced functionality;
may have limited support; and
may not be available in all jurisdictions.

Beta Services are provided for evaluation and testing purposes.

Customers acknowledge that Beta Services should not be used as the sole system of record or relied upon for business-critical decisions.

Frontline may remove, replace or materially modify Beta Services at any time without liability.

14. Usage Limits and Fair Use

The Services are subject to reasonable usage assumptions and fair use principles.

Subscriptions do not include unlimited usage unless expressly stated otherwise.

Frontline may establish and update usage assumptions relating to:

Candidate Interactions;
AI processing;
telecommunications;
messaging volumes;
storage;
integrations;
voice functionality; and
infrastructure consumption.

Usage calculations and assessments shall be determined by Frontline acting reasonably and in good faith based on available platform, telecommunications, messaging and processing records.

For fair use purposes, Candidate Interactions may include incomplete, abandoned, partially completed or interrupted conversations, calls or messaging interactions where processing, storage, AI processing, routing, telecommunications or messaging resources were consumed.

If Customer usage materially exceeds reasonable usage assumptions or generates disproportionate infrastructure, telecommunications or AI-related costs, Frontline may:

offer additional usage bundles;
propose a different subscription plan;
temporarily limit affected functionality;
require migration to a different subscription tier; or
propose revised usage limits.

Where reasonably practicable, Frontline will provide prior notice.

No automatic overage fees shall apply unless expressly agreed.

Nothing in these Terms obligates Frontline to provide unlimited infrastructure, telecommunications, messaging, AI processing, storage or Candidate Interaction volumes.

15. Subscription Plans, Billing and Payments

Frontline offers subscription-based access to the Services.

Applicable subscription plans, usage limits, pricing information and included functionality shall be published on the Pricing Page.

When purchasing or activating a subscription, the Customer will receive a Subscription Order specifying the applicable subscription plan, billing cycle, pricing and usage limits.

By purchasing or activating a subscription, the Customer agrees to the applicable Pricing Page and Subscription Order. The Pricing Page may be updated from time to time and shall apply prospectively only.

Unless otherwise expressly agreed:

subscriptions are prepaid;
invoices are issued in advance;
subscriptions automatically renew for successive subscription periods;
fees are non-refundable; and
subscriptions do not include unlimited usage.

The Customer shall timely pay all undisputed fees.

The Customer may not withhold, offset or delay payments except where expressly permitted by applicable law.

Frontline may update pricing, subscription plans and commercial offerings from time to time.

Such changes shall apply prospectively and shall not retroactively modify an active subscription period unless otherwise agreed.

Failure to timely pay applicable fees may result in suspension or termination of access to the Services.

All fees are exclusive of taxes unless expressly stated otherwise. The Customer shall be responsible for all taxes, duties and governmental charges applicable to its purchase or use of the Services, excluding taxes imposed on Frontline's net income.

Certain Customers may enter into separately negotiated agreements with Frontline, including Master Agreements, Pilot Order Forms or Enterprise Order Forms.

In such cases, those agreements shall supplement or supersede these Terms to the extent expressly stated therein.

The Customer may be required to acknowledge and accept certain legal documents during account creation or subscription activation, including:

Terms of Service;
Privacy Policy; and
Data Processing Addendum (DPA).

Such electronic acceptance shall constitute a legally binding agreement.

16. Order of Precedence

In the event of any inconsistency between the applicable documents, the following order of precedence shall apply:

Master Agreement (if applicable);
Enterprise Order Form, Pilot Order Form or Subscription Order;
Pricing Page (except where superseded by a Subscription Order or Enterprise Order Form);
Data Processing Addendum (with respect to personal data processing matters);
These Terms of Service;
Privacy Policy.

If the Customer has entered into a separately executed Master Agreement with Frontline, such Master Agreement shall prevail over these Terms to the extent of any inconsistency.

For the avoidance of doubt, the Privacy Policy is informational in nature and shall not override any contractual obligations set forth in these Terms or the Data Processing Addendum.

17. Intellectual Property

Frontline and its licensors retain all rights, title and interest in and to:

the Services;
software;
APIs;
documentation;
AI configurations;
prompts;
workflows;
templates;
methodologies;
architectures;
frameworks;
designs;
analytics;
know-how;
improvements; and
all related intellectual property rights.

Nothing in these Terms transfers ownership of Frontline's intellectual property to the Customer.

The Customer retains ownership of Customer Data.

The Customer grants Frontline a limited, non-exclusive, worldwide, royalty-free license to host, process, store, transmit and otherwise use Customer Data solely to the extent necessary to provide, maintain, secure and improve the Services.

The Customer represents and warrants that it has all rights, permissions and legal bases necessary to provide Customer Data to Frontline.

Except as expressly permitted by applicable law, the Customer shall not:

copy;
modify;
distribute;
sell;
sublicense;
reverse engineer;
decompile;
disassemble; or
create derivative works

of the Services.

The Customer shall not use the Services to develop a competing product or service.

18. Feedback

The Customer may provide feedback, suggestions, recommendations or ideas regarding the Services ("Feedback").

Frontline may use, modify, incorporate, commercialize and otherwise exploit Feedback without restriction and without any obligation to provide compensation.

Frontline shall not disclose Customer Confidential Information or personal data when using such Feedback except as permitted by these Terms or applicable law. The Customer acknowledges that Feedback may contribute to the improvement and development of the Services and that all resulting improvements, enhancements and derivative works shall belong exclusively to Frontline.

19. Confidentiality

Each party may disclose Confidential Information to the other party in connection with the Services.

The receiving party shall:

protect Confidential Information using reasonable safeguards;
use Confidential Information solely for purposes related to these Terms; and
not disclose Confidential Information to any third party except as permitted herein.

These obligations shall not apply to information that:

is or becomes publicly available without breach of these Terms;
was lawfully known prior to disclosure;
is independently developed without use of Confidential Information; or
is lawfully obtained from a third party.

A party may disclose Confidential Information if required by law, regulation, court order or governmental authority, provided that, where legally permissible, prior notice is given to the other party.

The confidentiality obligations under these Terms shall survive termination of the Customer's use of the Services for a period of three (3) years following termination, except for trade secrets, which shall remain protected for so long as they qualify as trade secrets under applicable law.

20. Suspension

Frontline may suspend, restrict or temporarily disable access to all or part of the Services where reasonably necessary, including where:

payment obligations are overdue;
the Customer violates these Terms;
unlawful activity is suspected;
spam, abuse or fraudulent activity is detected;
security risks arise;
excessive usage materially impacts the Services;
the Customer violates third-party provider requirements;
regulatory concerns arise; or
suspension is necessary to protect the integrity, security or availability of the Services.

Where reasonably practicable, Frontline will provide prior notice. Frontline shall not be liable for any losses resulting from a lawful suspension implemented in accordance with these Terms. Suspension does not relieve the Customer of its payment obligations accrued prior to the suspension.

21. Termination

The Customer may terminate its subscription in accordance with the applicable Subscription Order or other agreed commercial terms. Frontline may terminate or permanently disable access to the Services where:

the Customer materially breaches these Terms;
payment obligations remain overdue after notice;
unlawful use of the Services is identified;
continuing to provide the Services would violate applicable law;
security or regulatory risks cannot reasonably be mitigated; or
required by a competent governmental authority.

Unless immediate termination is required, Frontline will provide reasonable prior notice and an opportunity to cure the breach. Upon termination:

access to the Services shall cease;
Customer access credentials shall be disabled;
applicable subscription fees already paid shall remain non-refundable; and
Customer Data shall be handled in accordance with Frontline's retention policies and the Data Processing Addendum.

Where technically feasible and applicable, Frontline may provide a limited period during which the Customer may export its Customer Data. Any provisions that by their nature should survive termination shall survive termination, including provisions relating to:

intellectual property;
confidentiality;
disclaimers;
limitations of liability;
governing law; and
dispute resolution.

22. Data Protection

The Customer's use of the Services is subject to:

the Privacy Policy; and
the Data Processing Addendum ("DPA"),

both of which are incorporated into these Terms by reference. The DPA shall apply whenever Frontline processes personal data on behalf of the Customer. Nothing in these Terms shall transfer the Customer's obligations as data controller to Frontline.

23. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRONTLINE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY;
UNINTERRUPTED AVAILABILITY; AND
ERROR-FREE OPERATION.

FRONTLINE DOES NOT WARRANT THAT:

THE SERVICES WILL ALWAYS BE AVAILABLE;
THE SERVICES WILL ALWAYS BE UNINTERRUPTED;
THE SERVICES WILL BE ERROR-FREE;
AI-GENERATED OUTPUTS WILL BE ACCURATE;
THIRD-PARTY PROVIDERS WILL REMAIN AVAILABLE; OR
THE SERVICES WILL SATISFY ALL LEGAL OR REGULATORY REQUIREMENTS APPLICABLE TO THE CUSTOMER.

THE CUSTOMER ACKNOWLEDGES THAT USE OF AI-ASSISTED FUNCTIONALITY INVOLVES INHERENT LIMITATIONS AND UNCERTAINTIES.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRONTLINE SHALL NOT BE LIABLE FOR:

INDIRECT DAMAGES;
INCIDENTAL DAMAGES;
SPECIAL DAMAGES;
CONSEQUENTIAL DAMAGES;
PUNITIVE DAMAGES;
LOST PROFITS;
LOST REVENUE;
LOST BUSINESS OPPORTUNITIES;
LOSS OF GOODWILL;
LOSS OF CANDIDATES;
UNSUCCESSFUL RECRUITMENT OUTCOMES;
UNSUCCESSFUL HIRING OUTCOMES;
CANDIDATE NO-SHOWS;
RELIANCE ON AI-GENERATED OUTPUTS;
CUSTOMER DECISIONS;
THIRD-PARTY PROVIDER FAILURES;
INTERNET OR TELECOMMUNICATION FAILURES; OR
CUSTOMER MISUSE OF THE SERVICES.

Frontline shall have no liability whatsoever for any recruitment, hiring or employment-related decisions made by the Customer or its Users, including decisions based on:

AI-assisted outputs;
summaries;
transcripts;
preliminary candidate categorizations; or
candidate communications generated through the Services.

All such decisions remain solely the responsibility of the Customer. Frontline's aggregate liability arising out of or in connection with these Terms, the Services, the DPA or any personal data processing activities shall not exceed the greater of: (a) the fees paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) EUR 5,000. The parties acknowledge that these limitations of liability constitute an essential basis of the bargain between the parties, reflect the agreed allocation of risk and responsibility, and are reflected in the pricing of the Services. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

25. Publicity

Frontline may identify the Customer as a customer of the Services and use the Customer's name and logo for marketing, reference or promotional purposes only with the Customer's prior written approval.

26. Changes to These Terms

Frontline may update these Terms from time to time. Material changes will be communicated through:

the website;
the Services;
email notifications; or
account notifications.

Unless otherwise stated, updated Terms become effective upon publication. Continued access to or use of the Services after the effective date constitutes acceptance of the revised Terms. If the Customer does not agree to the updated Terms, it must discontinue use of the Services.

27. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law rules. Any dispute arising out of or in connection with these Terms shall be subject to the jurisdiction of the competent courts of Zurich, Switzerland.

28. Contact Information

Frontline CRM GmbH Hagenholzstrasse 90 8050 Zurich Switzerland Email: hello@frontline-crm.com Website: https://frontline-crm.com