General terms and conditions
This English version is provided for convenience. Only the German version is legally binding; in case of discrepancies the German version prevails. German original: Allgemeine Geschäftsbedingungen.
of WELLEMACHEN Marketing LLC, 530-B Harkle Road, Suite 100, Santa Fe, New Mexico 87505, USA (“FlyHire”, “we”), for the use of FlyHire.
Section 1 Scope
(1) These terms apply to all contracts concerning FlyHire between us and our customers. FlyHire is aimed exclusively at entrepreneurs within the meaning of Section 14 BGB (German Civil Code), not at consumers. By booking, the customer confirms that it is acting as an entrepreneur.
(2) Deviating or supplementary terms of the customer do not become part of the contract, even if we do not expressly object to them. Individual agreements, such as a different price in the offer, take precedence over these terms.
Section 2 Services
(1) FlyHire builds and runs job ads on Facebook and Instagram for the customer. This includes ad copy, images and videos, an application page for each job, the ongoing management and optimisation of the ads, a customer portal with reports and, where agreed, the transfer of applications to the customer’s applicant tracking system.
(2) One job runs per booked job slot (“job slot”). Once a job has been filled, the customer may assign a new job to the job slot at no additional cost.
(3) We owe the diligent performance of the services, not a particular result. We do not guarantee any particular number or quality of applications, interviews or hires, with the exception of the 14-day promise under Section 7. We do not verify the accuracy of the applicants’ information.
(4) We are not a recruitment agency. We do not select applicants and make no decisions about them; selection, contact and hiring lie solely with the customer.
(5) We use AI services for copy, images, videos and voice recordings. People shown in images and videos are generally artificially generated and are not employees of the customer. We may have services performed by subcontractors.
(6) We continuously develop FlyHire and may change functions, design and processes where this is necessary due to technical developments, changes in Meta’s requirements or in legislation, or for improvement, provided the services under paragraph 1 are essentially maintained and the change is reasonable for the customer. We do not owe any particular availability of the customer portal; we carry out maintenance outside normal business hours wherever possible.
Section 3 Conclusion of the contract
The contract is concluded when the customer accepts our offer, in particular by booking job slots via the setup link or in the customer portal and providing a means of payment. These terms are displayed before booking and can be accessed at any time at flyhire.me/agb.
Section 4 Prices and payment
(1) The prices stated in the offer apply. They are net prices. We are a company based in the USA; for customers in the EU the reverse-charge procedure applies, and the customer is liable for VAT.
(2) An agreed setup fee is due once at the start of the contract and is non-refundable. The fee per job slot is charged monthly in advance. Additionally booked job slots are charged pro rata for the current month; a reduction takes effect at the end of the current billing month. No refunds are given for partial months.
(3) Payment is made by SEPA direct debit or card via our payment service provider Stripe. The customer authorises us to collect amounts due. The customer receives invoices electronically. The customer bears the costs of any chargeback for which it is responsible.
(4) If a payment fails, the ads initially continue to run for seven days. If the outstanding amount has not been settled by then, we may pause the ads until it is paid; the payment obligation remains. Statutory default interest and the lump-sum default fee under Section 288 BGB apply.
(5) The customer may only set off claims that are undisputed or have been finally determined by a court. The customer has a right of retention only on account of claims arising from this contract.
(6) We will announce price changes in text form at least six weeks before they take effect. The customer may terminate the contract until they take effect; if it does not, the new price applies from then on.
Section 5 Ad budget
(1) The ad budget for Meta is not included in the fee under Section 4. The customer sets a monthly limit for it that covers all of its jobs. We distribute this limit across the jobs automatically. Each job has a minimum budget that depends on the type of job. We show it in the customer portal.
(2) If advertising runs through an ad account of the customer, the customer pays the ad budget directly to Meta and ensures a valid means of payment with Meta. We are given access to the ad account as a partner. If ads do not deliver because no valid means of payment is stored with Meta, the customer has no claims against us as a result.
(3) When distributing the budget, we may raise or lower the budget of individual jobs within the limit. Jobs that produce applications and interviews receive more, as do jobs with the greatest need. If the limit does not cover the minimum budgets of all jobs, all jobs keep running with the same share. We never exceed the limit without the customer’s consent. How Meta spends the budget within a day is determined by Meta. Minor deviations on individual days are possible.
(4) If it is agreed that advertising runs through an ad account of FlyHire, we place the ads in our own name and for our own account and charge the customer the costs incurred with Meta, without mark-up, as ad placement. For this, the customer makes a monthly advance payment in the amount of the agreed ad budget. Unused amounts are credited to the following month. When the contract ends, we refund the unused amount within 30 days of the end of the last placement, less any outstanding claims. The amounts used can be viewed in the customer portal on a daily basis.
Section 6 Ad content
(1) We create ads, creatives and application pages on the basis of the job ad and the customer’s information, review them before launch and then release them. The customer can view running creatives and the application page in the customer portal; we show the customer the ad copy on request.
(2) The customer is responsible for the accuracy and lawfulness of its information, in particular regarding pay, requirements, place of work and employer, and for the job itself complying with the German General Equal Treatment Act (AGG). If we identify legal concerns, we will point them out; we do not owe a legal review.
(3) If the customer objects to any content in text form, we will change or pause it without undue delay, at the latest on the following working day. The customer bears the ad budget incurred until then, unless we are responsible for the error.
(4) The customer provides us with the legal texts required for its application pages (legal notice, privacy policy) and keeps them up to date.
Section 7 14-day promise
If not a single application is received for a job within 14 days of the ads going live, we refund the fee for the first month of that job slot. This is subject to the ads having run continuously during this period with at least the minimum budget shown for the job, Meta not having rejected or restricted them, and the customer having fulfilled its obligations to cooperate under Section 8. The customer must request the refund in text form within 30 days of the end of the 14 days. The setup fee and the ad budget are excluded. The promise is not a guarantee within the meaning of Section 13(1); its only consequence is the refund under sentence 1.
Section 8 Customer’s cooperation
(1) The customer gives us access to its Facebook page and, where necessary, to its ad account and its applicant tracking system, and maintains this access. It provides accurate information about its jobs.
(2) The customer may only provide us with logos, images and other materials if it holds the necessary rights to them.
(3) The customer processes incoming applications promptly and records in the customer portal how things progressed with applicants, insofar as this is necessary for managing the ads.
(4) If the customer fails to cooperate or does so late, our services are postponed accordingly; our claim to the fee remains unaffected.
Section 9 Rights of use and reference
(1) For the term of the contract, the customer receives a simple, non-transferable right to use the ad copy, images and videos we create for it within the scope of FlyHire. Use outside FlyHire requires our consent.
(2) FlyHire’s software, templates, methods and reports remain our property. We may use anonymised and aggregated data from operations to improve FlyHire.
(3) The customer indemnifies us against third-party claims based on content or information it has supplied, including reasonable costs of legal defence.
(4) We may name the customer as a reference, with its name and logo. The customer may object to this at any time in text form.
Section 10 Meta
The ads run on Meta platforms. Meta may reject or restrict ads or suspend accounts, and regularly changes its rules, prices and functions. We have no influence over this; we are not responsible for such measures, and they do not affect the customer’s payment obligation. We support the customer in resolving them. The customer complies with Meta’s advertising policies.
Section 11 Confidentiality and data protection
(1) Both parties treat confidential information of the other party, such as prices, access credentials and reports, as confidential, including after the end of the contract.
(2) The customer is the controller for the applicants’ data. We process it on the customer’s behalf under the data processing agreement, which forms part of this contract and is concluded upon booking.
Section 12 Term and termination
(1) The contract runs for an indefinite period with no minimum term. Either party may terminate it, or individual job slots, at the end of the current billing month, in text form or in the customer portal.
(2) The right to extraordinary termination for good cause remains unaffected. Good cause for us includes, in particular, payment arrears of more than 30 days or a serious breach of Section 6(2) or of Meta’s advertising policies.
(3) When the contract ends, we stop the ads. At the customer’s request we hand over the application data and then delete it in accordance with the data processing agreement.
Section 13 Liability
(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, where we have given a guarantee, and under the German Product Liability Act.
(2) In the case of slight negligence, we are liable only for breach of material contractual obligations. Material obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on which the customer may rely; here these are in particular running the ads within the agreed budget limit, operating the application pages and forwarding applications received. Liability is then limited to the foreseeable damage typical for the contract.
(3) In the cases of paragraph 2, total liability is limited to the fees under Section 4 paid by the customer in the twelve months preceding the event giving rise to the damage.
(4) In the case of slight negligence, we are not liable for lost profits, missing applications or hires, or indirect damage, insofar as these are not typical for the contract and foreseeable.
(5) The customer’s claims against us become time-barred one year after the statutory limitation period begins; this does not apply in the cases of paragraph 1.
(6) We are not liable for outages for which we are not responsible, such as disruptions at Meta, data centres or telecommunications providers, or force majeure; our performance obligations are suspended for their duration.
(7) These rules also apply to our employees and subcontractors.
Section 14 Changes to these terms
(1) We may change these terms insofar as this is necessary due to changes in legislation, case law or Meta’s requirements, or concerns new FlyHire functions, and provided that performance and price are not materially shifted as a result. We will notify such changes in text form at least six weeks before they take effect. The customer may terminate the contract until they take effect.
(2) Other changes, in particular to the main services, apply only with the customer’s consent.
Section 15 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction for all disputes arising from this contract is Santa Fe, New Mexico, USA. We may also sue the customer at its general place of jurisdiction.
(3) Amendments and additions to the contract require text form.
(4) If any provision is invalid, the remainder of the contract remains valid.
Last updated: October 2026