Terms of use web application

The contents of this terms of use have been translated automatically. Only the original in German has legal validity. The online version in German can be found HERE.

Updated: July 5, 2021

1. Summary

We believe that the privacy policy should be as simple and understandable as possible. Therefore, you will find our principles here as a compact summary. The detailed and precisely formulated conditions can be found in this document below.
We ensure the security of your data and support you in working securely with Dualoo.
In order to be found by other users in Dualoo, you agree that we may make your personal data (for example: Profile picture, first name, last name and, if available, company name and feature) publicly. If you wish to share more information, this is subject to your control.
If your data is used for matching, it is anonymised. If someone wants to get in touch with you and offer you a job, for example, you give your permission before the other person finds out who you are.
We collect a lot of technical data about our users in order to make Dualoo better and better. We keep this technical data (e.g. IP_address, …) secret and only pass it on with your express permission.
Each user is given an account in Dualoo so that they can optimally manage their data.
Dualoo’s privacy policy applies to everyone, whether private individuals or companies. Everyone has the same rules.
We comply with the Swiss Data Protection Act and the European General Data Protection Regulation and support our users in complying with the law.
We update the privacy policy from time to time.

Do you have any questions or problems regarding data protection or the user agreement? Then contact us via [email protected].

2 Purpose, validity and amendment of the Terms of Use

These Terms of Use govern the contractual relationship between the companies offering jobs, applicants and other possible stakeholders on the one hand (hereinafter referred to as “Users”) and the Dualoo AG on the other hand (hereinafter referred to as the “Provider”). By confirming the Terms of Use by activating the corresponding field before registering for a service of the Provider, the User declares that he/she has taken note of and understood the content and accepts these Terms of Use in full. The user will be explicitly informed of the current Terms of Use by the Provider upon conclusion of the contract.
The Provider reserves the right to unilaterally supplement, adapt or amend these Terms of Use at any time. Changes will be published on the publicly accessible website of the provider Dualoo.com at least 30 days before they come into force. The user will also be informed of any changes by e-mail. Until the new terms of use come into force, the user must give his/her consent to the changes, otherwise further access to “Dualoo” will no longer be possible. The current version of the terms of use is publicly accessible and printable at all times on the provider’s website www.dualoo.com.

3. Subject matter of the contract

The Provider provides the User with the software “Dualoo” (hereinafter “Software”) as a Software as a Service service via the Internet (hereinafter “SaaS Service” or “Contract”).
The object of the contract is:
1. the provision of the Provider’s software for use via the Internet is governed by the Terms of Use and
2. the storage of user data (data hosting & commissioned data processing) regulated in the privacy policy
The Provider cannot give the User any guarantee of success. The use of the Provider’s services therefore does not necessarily lead to the conclusion of an employment contract.

4. Intellectual property rights

All rights to the software and all services, publications or products of the Provider – in particular trademark, design, copyright and / or patent rights as well as rights to computer software – are the exclusive property of the Provider.

5. Software licensing

For the duration of the contract, the Provider shall make the current version of the software available to the User for use via the Internet free of charge or for a fee, depending on the services purchased (see Section 8 below for the terms of payment). For this purpose, the Provider stores the software on a server that is accessible to the User via the Internet.
The current range of functions of the software can be found in the service description on the website of the provider Dualoo.com.
The Provider shall continuously monitor the functionality of the software and eliminate software errors without delay in accordance with the technical possibilities. An error exists in particular if the software does not fulfill the features specified in the service description, delivers incorrect results, aborts processes in an uncontrolled manner or does not work properly in any other way, so that the use of the software is impossible or restricted.
The provider continuously develops the software and improves it through updates.

6. Rights of use to the software

The Provider grants the User the non-exclusive and non-transferable rights to use the software in accordance with the provisions of the SaaS contract as intended.
The user may only reproduce and edit the software insofar as this is covered by the intended use of the software in accordance with the current service description. The only necessary and permitted duplication is the loading of the software into the working memory. All other types of duplication and processing are not permitted, such as even temporary installation or storage of the software on data carriers (hard disks or similar) of the hardware used by the user.
The user is not authorized to make the software available to third parties for use, further development or other types of use, whether for a fee or free of charge.
The user undertakes to structure any contractual relationships with third parties in such a way that any unlawful or improper use of the software is excluded. (e.g. compliance with employment law vis-à-vis applicants / employees, or the use of the software for recruitment purposes)

7. Support and customer service for users

The Provider shall respond to user inquiries via web chat, e-mail or telephone (dualoo.com) regarding the use of the software and the Saas contract as quickly as possible during business hours.

8 Obligations of the user

By registering, the user confirms that he/she is of legal age or at least 15 years of age to use the provider’s free services.
Users who wish to make use of the provider’s fee-based services confirm that they are of legal age and capable of judgment.
The user is obliged to identify the content that he makes accessible via the software as his own content, stating his full name and address.
The user is responsible for entering and maintaining the data and information required to use the software. The user undertakes to provide the required data completely and correctly.
When using the software for the first time, the user must generate a “User ID” in the form of an e-mail address and a password, which are required for further use of the SaaS contract. The user is obliged to keep the “User ID” and password secret and not to make them accessible to third parties. He shall inform the Provider immediately as soon as he becomes aware that access data is known to an unauthorized third party.
The user is obliged to take suitable precautions to prevent unauthorized access to the software by third parties. To this end, the user shall, where necessary, instruct its employees, executive bodies and auxiliary persons to comply with these Terms of Use and, in particular, the prohibition on duplication pursuant to [5 .2] and the separate privacy policy.
The user must prevent the spread of viruses and use state-of-the-art virus protection programs for this purpose and refrain from placing an excessive load on the networks through the untargeted and improper dissemination of data (“spamming”). If the user violates these obligations, the Provider is authorized to block the user’s account and terminate it without notice. The User shall be liable to compensate the Provider for any damages incurred as a result.
The user is obliged to use the software in accordance with the contractual and statutory provisions. If there is any suspicion of illegal, immoral or non-contractual use of the software, the Provider may block the account of the relevant user at any time without prior notice with immediate effect and terminate it without notice. This applies in particular to the use of third-party personal data, identity falsification, deception or the uploading of documents and images of a racist, discriminatory, offensive or sexual nature. The Provider reserves the right to initiate criminal prosecution.
The user undertakes to use data from all other users exclusively in accordance with the privacy policy of the EU (GDPR) and the Swiss Federal Act on Data Protection (FADP).
The collection and processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as the collection and processing of genetic and biometric data for the purpose of uniquely identifying a natural person, health data or data concerning a natural person’s sex life or sexual orientation is prohibited. In the event of violations, the user who unlawfully collected and/or processed this data is liable.
The user is fully liable for the legality of the information and content made accessible by him via the software.
The User undertakes to indemnify the Provider against all third-party claims based on the data stored by the User and to reimburse the Provider for all costs incurred by the Provider in connection with any third-party claims.
The user shall be liable for any damage caused to the provider or other users through breach of contractual or other obligations. In particular, by publishing illegal, immoral data or data that violates the rights of third parties (texts, images, graphics and links) or refers to such. The User shall indemnify the Provider in respect of any third-party claims and shall assume all costs incurred in this connection, including those of any legal representation.

9. Terms of payment

The user undertakes to pay the provider the periodic fee agreed for the provision of the software plus statutory VAT if the service is associated with costs. The current prices can be viewed at dualoo.com/prices. The mere transmission of application documents by users to companies (applicants) is free of charge.
The Provider shall send the User a periodic (monthly or annual) invoice for the contractually owed fee. The invoice must be paid in advance and within the payment period stated on the invoice.
The Provider is authorized to adjust the contractually owed fee and the price list at any time for the next payment period. The User’s consent to such an adjustment shall be deemed to have been given upon payment of the invoice affected by the adjustment. If an adjustment is not accepted by the User, the service may be terminated retroactively within the payment period and the User may exercise the rights to data output up to one month after termination.
The remuneration owed is calculated on the basis of the provider’s services selected by the user. All chargeable services are clearly marked. If chargeable services or services are additionally activated, remuneration is owed in accordance with the current price list and will be billed as an additional invoice.
Upon expiry of the payment deadline stated on the invoice, the user shall be in default without further ado (due date). In the event of default, the Provider is authorized to demand a reminder fee of CHF 20 per reminder and default interest of 5% from the due date.
The Provider is authorized to temporarily block the account if the User is more than one month in arrears with a payment. Such a block does not constitute good cause for termination of the contract by the user without notice. The Provider shall charge a processing fee of CHF 50 for reactivating the service.

10 Warranty and limitation of liability of the Provider

The Provider shall only be liable for direct damages caused by the Provider’s own intentional or grossly negligent actions. Any contractual or non-contractual liability of the Provider for all other direct, indirect and consequential damages, regardless of the legal grounds, is fully and expressly excluded, subject to mandatory statutory provisions. All exclusions and limitations of liability also apply without restriction to all bodies, representatives, employees, auxiliary persons and all other contractual partners of the Provider.
The Provider does not guarantee uninterrupted operation of the software and all services offered. Unplanned service interruptions will be rectified as quickly as possible in the interests of all parties, but do not authorize the user to claim compensation. If possible, the User shall be notified in advance of any interruption of operation for the purpose of maintenance and servicing work. All claims against the Provider that are attributable to impairments and/or interruptions in the availability of the software are excluded, irrespective of the legal grounds.
The Provider does not guarantee the correct and timely transmission of all digital communication, as it works with external partners such as Internet providers. Any liability is expressly rejected for any damage resulting from the non-delivery or late delivery of a notification.
The Provider does not guarantee that the use of its services will result in an employment relationship.
If an employment relationship arises from the Provider’s mediation activities between the Users, the Provider cannot be held liable for any claims in connection with the employment relationship, including the establishment of the employment relationship and compliance with legal provisions, in particular if employment contracts are concluded across a national border.
The content created and published by the provider has been compiled and prepared to the best of its knowledge and belief, but no guarantee is given that the data and information provided is correct, error-free and complete.
The Provider is authorized to immediately block the user’s account if there is a suspicion that the data stored by the user is illegal and/or violates the rights of third parties.

11 Duration and termination of the contract

The SaaS contract is concluded for an indefinite period. The contractual relationship comes into effect when the user logs in or registers and explicitly agrees to these Terms of Use and the separate Privacy Policy and can be terminated by either party at any time at the end of the contractually agreed period. The termination can be made in the settings of Dualoo, by contacting the chat or by sending an email to [email protected]. The notice period is five working days after receipt.
The user is free to terminate the contract at any time at the end of the contractually agreed period and thus terminate this legal relationship. Services already paid for cannot be reclaimed. Upon termination, all data, information, content, applications, status messages, notifications and all electronic documents and information stored with the Provider will no longer be available to the User. This action is irrevocable and final.
Blocking has no influence on the User’s payment obligations to the Provider and in no case authorizes the User to withhold, deduct/reduce, offset or the like.
The parties reserve the right to terminate the contract immediately for good cause. The Provider shall be deemed to have good cause for immediate termination of this contract in particular if
1. a bankruptcy or composition petition is filed against the user,
2. the user is in arrears with payment obligations arising from this contractual relationship and has been unsuccessfully reminded with a grace period of one month and under threat of termination of the contract,
3. contractual provisions (in particular the user obligations pursuant to paragraph [8] of these Terms of Use) or statutory provisions are violated or the rights of third parties are infringed when using the contractual services,
4. contractual services are used for the purpose of promoting criminal, unlawful and ethically questionable activities.

12. Messages

Unless a stricter form is stipulated by contract or by law, all notifications must be sent in writing to the e-mail address provided by the user and to [email protected] for the provider. Sending by e-mail satisfies the written form requirement in each case.
The contracting parties are obliged to notify each other of any changes of address without delay, otherwise notifications sent to the address last notified in writing shall be deemed to have been delivered with legal effect.

13. Severability clause

In the event of the complete or partial invalidity of individual clauses of the Terms of Use, these are to be reinterpreted, supplemented or replaced in such a way that the economic purpose pursued with the invalid provision is achieved. The same applies in the event that there are loopholes in the Terms of Use.

14 Place of jurisdiction and choice of law

The parties agree that all rights arising from this contractual relationship shall be governed by Swiss substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
For all disputes arising from or in connection with this contractual relationship, the registered office of the Provider (Goldach, Canton of St. Gallen, Switzerland) is agreed as the place of jurisdiction. Mandatory statutory jurisdictions remain reserved.