Last updated: June 2026

ENDE
This English translation is provided for convenience only. The German version is the legally binding text. View the German version.

Terms of Service of the Pickr Platform

Last updated: June 2026

Agusta GmbH (doing business as Pickr)
Oberdorferstraße 4, 6850 Dornbirn, Austria
Managing Director: Andreas Amann

§ 1 Scope of Application

(1) These Terms of Service (hereinafter the "Terms") govern the use of the SaaS platform "Pickr" (hereinafter the "Platform"), accessible at app.pickr.dev, operated by Agusta GmbH (hereinafter the "Provider").

(2) These Terms apply to all registered users of the Platform, regardless of whether they use the Platform as an individual, as part of an organization, or as an invited guest.

(3) Any terms of the user that deviate from, conflict with, or supplement these Terms shall not become part of the agreement, unless the Provider expressly agrees to their applicability in text form.

(4) In addition to these Terms, the Data Processing Agreement ("DPA"), available at pickr.dev/legal/avv/en, and the Privacy Policy, available at pickr.dev/legal/privacy/en, shall also apply.

§ 2 Subject Matter of the Agreement

(1) The Provider makes available to the user a cloud-based platform that, as an AI-powered Applicant Tracking System (ATS), comprises the following functions:

  • management of candidates and applications,
  • conducting and recording video interviews,
  • AI-powered candidate evaluation, matching, and scoring,
  • communication with candidates via email, WhatsApp, and LinkedIn,
  • workflow management for hiring processes,
  • reporting and analytics.

(2) The Platform is provided as Software-as-a-Service (SaaS). The Provider's obligation is limited to making the Platform available in its respective current version; it does not extend to achieving any particular outcome.

(3) The Provider continuously develops the Platform further. Features may be added, modified, or removed, provided that the scope of services essential to the agreement is not materially restricted.

§ 3 Registration and Account Opening

(1) Use of the Platform requires registration. Registration is carried out by email and password or via Google OAuth. The user must verify their email address.

(2) The user is obligated to provide truthful and complete information upon registration and to keep it up to date throughout the term of the agreement.

(3) Only one user account may be created per natural person. Sharing access credentials with third parties is prohibited.

(4) Organization accounts are created by an administrator (hereinafter "Admin"). The Admin may create and manage additional user accounts within the organization. The Admin is responsible for ensuring compliance with these Terms by all users of their organization.

(5) Upon completion of registration and acceptance of these Terms and the DPA, a usage agreement is formed between the user or the organization, as applicable, and the Provider.

§ 4 Rights of Use

(1) For the duration of the usage agreement, the Provider grants the user a non-exclusive, non-transferable, non-sublicensable right to use the Platform for its intended purpose.

(2) The right of use is limited to the number of user seats (Seats) included in the respective subscription.

(3) The right of use automatically expires upon termination of the usage agreement.

§ 5 Obligations of the User

(1) The user undertakes to use the Platform exclusively for lawful purposes and in accordance with these Terms.

(2) The user is, in particular, prohibited from:

  • copying, decompiling, or reverse-engineering the Platform or any part thereof, or otherwise extracting its source code,
  • scraping the Platform or systematically extracting data from it,
  • sharing access credentials with third parties, or otherwise enabling third parties to access the Platform through the user's own account,
  • using the Platform for purposes that violate applicable law, in particular provisions of data protection, employment, or anti-discrimination law,
  • circumventing or testing the Platform's security measures, unless the Provider has expressly consented to this.

(3) The user is responsible for the accuracy and lawfulness of the data entered into the Platform. The Provider assumes no obligation to review content uploaded by the user.

(4) The user is responsible for complying with all laws applicable to its recruiting activities, in particular the GlBG (Austrian Equal Treatment Act), the AGG (German General Equal Treatment Act), and the respectively applicable employment law provisions.

§ 6 Agency Mode and Guest Access

(1) Organizations acting as recruitment agencies (Agencies) can use the Platform to represent client structures. The organization's Admin may invite end clients (Clients) as guest users with restricted access.

(2) The organization is responsible for restricting guest users' access to the data relevant to them in each case. The Provider provides role-based access controls for this purpose; configuration is the Admin's responsibility.

(3) The organization remains the controller, within the meaning of data protection law, for personal data shared via guest access, and must itself enter into the necessary data protection agreements with its end clients.

§ 7 ATS Connectors and Third-Party Integrations

(1) The Platform enables the connection of external systems (ATS connectors, email providers, calendars, messaging services). The setup and use of these connectors are the user's own responsibility.

(2) The Provider gives no warranty as to the accuracy, completeness, or availability of data imported via third-party integrations.

(3) The user is responsible for obtaining the necessary authorizations and consents for connecting external services, in particular where personal data is transmitted via API connections.

(4) Google API Limited Use Disclosure: Pickr's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. Details on the specific Google data accessed by Pickr (Gmail, Calendar, OAuth sign-in) are set out in § 8 of the privacy policy (pickr.dev/legal/privacy/en).

§ 8 Video Interviews

(1) The Platform offers the ability to conduct and record video interviews. Recording an interview requires the prior consent of all participants.

(2) The Platform provides a configurable consent prompt that is displayed before recording begins. Activating and correctly configuring the consent prompt is the user's responsibility.

(3) The Provider assumes no liability for recordings made without the participants' valid consent. The user is solely responsible for complying with the data protection requirements applicable to such consent.

§ 9 Free AI Process Audit

(1) At pickr.dev/audit, the Provider makes available a free feature that enables an AI-powered analysis of recruiting processes (hereinafter the "Audit"). Use of the Audit does not require registration.

(2) By submitting an email address and an API key, the user accepts the applicability of this section.

(3) Data submitted as part of the Audit (email address, company name, API key, process information) is processed exclusively to carry out the Audit and is deleted no later than ninety (90) days after submission.

(4) API keys are used solely for the one-time analysis; they are not stored and are not shared with third parties. The Provider recommends rotating the API key used once the Audit has been carried out.

(5) The limitations of liability under § 15 apply to the results of the Audit.

§ 10 AI Features

(1) The Platform uses artificial intelligence (AI), in particular for candidate matching, scoring, interview transcription, scorecard generation, and the creation of interview questions.

(2) The results of AI processing serve exclusively as decision support. The Provider gives no warranty as to the accuracy, completeness, or suitability of the AI-generated content.

(3) The user is solely responsible for all personnel decisions made on the basis of AI results. The Provider recommends always reviewing AI results through human judgment and not making any decisions based solely on automated processing within the meaning of Art. 22 GDPR.

(4) The data protection provisions governing AI processing are set out in § 6 of the DPA (pickr.dev/legal/avv/en).

(5) AI features are subject to a monthly usage allowance depending on the subscribed plan and the number of user seats (Seats); if this allowance is exceeded, AI features remain usable without restriction, but the user will be shown an upgrade prompt in the billing settings.

§ 11 Availability

(1) The Provider strives to ensure Platform availability of 99.5% on a yearly average. This excludes scheduled maintenance work and circumstances beyond the Provider's control.

(2) Scheduled maintenance will be announced to the user at least forty-eight (48) hours in advance by email or in-app notification. Maintenance work will, where possible, be carried out outside of peak usage hours (CET, 22:00–06:00).

(3) The Provider gives no guarantee of uninterrupted or error-free availability of the Platform. Temporary restrictions due to technical faults, updates, or force majeure do not give rise to any claims by the user.

§ 12 Prices and Payment

(1) Use of the Platform is based on a subscription billed monthly per user seat (Seat). The currently applicable prices can be viewed at pickr.dev.

(2) Payment processing is handled via the payment service provider Stripe, Inc. By registering, the user accepts Stripe's terms of service.

(3) All stated prices are net prices, plus statutory value-added tax at the applicable rate.

(4) The Provider reserves the right to change prices with thirty (30) days' notice. The change will be communicated to the user by email. If the user does not accept the price change, the user shall have a special right of termination effective as of the date the change takes effect.

(5) In the event of payment default of more than fourteen (14) days after the due date, the Provider is entitled to suspend access to the Platform following a prior reminder. Such suspension does not release the user from the obligation to pay.

§ 13 Free Trial

(1) The Provider may offer the user a free trial period (Trial). The duration and scope of the trial period will be communicated at registration.

(2) Upon expiry of the trial period, the subscription automatically converts into a paid subscription, provided the user has a valid payment method on file. The user will be notified of this by email at least seven (7) days before the trial period expires.

(3) The user may end the trial period at any time before it expires, at no cost.

§ 14 Intellectual Property

(1) All rights to the Platform, including software, design, text, graphics, logos, AI models, and algorithms, remain with the Provider. The user acquires only the right of use described in § 4.

(2) The user retains all rights to the content and data entered or uploaded into the Platform by the user (hereinafter "User Data").

(3) The user grants the Provider a non-exclusive right, limited to the term of the agreement, to process the User Data for the purpose of performing the agreement. This includes, in particular, storage, display, AI processing, and transfer to subprocessors in accordance with the DPA.

(4) The Provider is entitled to use anonymized and aggregated usage data (which does not permit any conclusions to be drawn about individual users or their candidates) to improve the Platform and for statistical purposes.

§ 15 Limitation of Liability

(1) The Provider shall be liable without limitation for damages resulting from injury to life, body, or health, and for damages arising from intentional or grossly negligent conduct on the part of the Provider, its legal representatives, or vicarious agents.

(2) For damages resulting from the breach of material contractual obligations (cardinal obligations) caused by slight negligence, the Provider's liability shall be limited in amount to the damage typically foreseeable for an agreement of this type, but in any event to no more than the total fees paid by the user during the twelve (12) months preceding the event giving rise to the damage.

(3) Any further liability of the Provider for slight negligence is excluded.

(4) The Provider shall not be liable for damages incurred by the user as a result of decisions made on the basis of AI-generated content. Responsibility for all personnel decisions lies exclusively with the user.

(5) The Provider shall not be liable for the loss of User Data where the user had the opportunity to back up the data via the Platform's export function and failed to do so.

(6) Claims for damages by the user shall become time-barred twelve (12) months after the user becomes aware of the damage and of the identity of the party responsible, but in any event no later than twenty-four (24) months after the event giving rise to the damage. This shall not apply to claims under paragraph (1).

§ 16 Term and Termination

(1) The usage agreement is entered into for an indefinite period and may be terminated by either party at any time, effective at the end of the current billing period.

(2) Termination shall be effected via the Platform's account settings or in text form by email.

(3) Following termination of the usage agreement, the Provider will make the User Data available to the user for export via the Platform for thirty (30) days. After this period expires, the User Data will be deleted in accordance with § 8 of the DPA.

§ 17 Extraordinary Termination

(1) The right of either party to terminate without notice for good cause remains unaffected.

(2) Good cause for termination without notice by the Provider exists, in particular, where:

  • the user is in default of payment despite a reminder and the setting of a fourteen (14)-day grace period,
  • the user misuses the Platform or violates material provisions of these Terms,
  • the user uses the Platform for unlawful purposes.

(3) In the event of termination without notice by the Provider, the user's claim to a refund of fees already paid for the current billing period shall lapse.

§ 18 Amendments to These Terms

(1) The Provider reserves the right to amend these Terms with thirty (30) days' notice. Amendments will be communicated to the user by email.

(2) Continued use of the Platform after the notice period has expired shall be deemed acceptance of the amended Terms.

(3) If the user objects to the amended Terms, the user shall have a special right of termination effective as of the date the amendment takes effect. In the notice of amendment, the Provider will inform the user of the right to object and of the special right of termination.

§ 19 Final Provisions

(1) This agreement shall be governed by the laws of the Republic of Austria, excluding the CISG (UN Convention on Contracts for the International Sale of Goods).

(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement shall be Feldkirch, Austria, to the extent legally permissible.

(3) Should any provision of these Terms be or become invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

(4) Amendments and supplements to these Terms must be made in text form. Email shall suffice.

(5) The invalidity of individual provisions shall not affect the validity of the agreement as a whole.

Last updated: June 2026 · Agusta GmbH (Pickr), Oberdorferstraße 4, 6850 Dornbirn, Austria · legal@pickr.dev