Updated: 05 July 2021
Table of contents
- Subject matter
- Intellectual Property Rights
- Software transfer
- Rights to use the software
- Support and customer service for users
- Duties of the user
- Warranty and limitation of liability of the provider
- Duration and termination of the contract
- Severability clause
- Jurisdiction and choice of law
- 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 use 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 under your control.
- If data about you is used for matching, this is done anonymously. If someone wants to get in touch with you and offer you a job, for example, you give your permission before they find out who you are.
- We collect a lot of technical data about our users to make Dualoo better and better. We keep this technical data (e.g. IP_address, …) secret and only share it with your explicit permission.
- Each user receives an account in Dualoo in order to be able to manage their data optimally.
- We adhere to the Swiss Data Protection Act and the European General Data Protection Regulation and support our users in complying with the law.
Are there any questions or problems regarding data protection or the user agreement? Then contact us at email@example.com.
3. Subject matter
- The Provider provides the User with the software “Dualoo” (hereinafter referred to as “Software”) a Software as a Service service via the medium of the Internet (hereinafter referred to as “SaaS Service” or “Contract”).
- The object of the contract is:
- the storage of the User’s data (data hosting & order data processing) regulated in the data protection declaration.
- 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 transfer
- For the duration of the contract, the Provider shall make the software available to the User via the Internet in the respective current version free of charge or against payment – depending on the services purchased – for use (cf. on the terms of payment No. 8 below). For this purpose, the Provider stores the software on a server which is accessible to the User via the Internet.
- The respective current functional scope of the software results from the service description on the website of the provider dualoo.com.
- The provider continuously monitors the functionality of the software and immediately eliminates software errors according to the technical possibilities. An error exists in particular if the software does not fulfil the features specified in the service description, delivers incorrect results, interrupts processes in an uncontrolled manner or does not function properly in any other way, so that the use of the software is impossible or restricted.
- The Provider shall continuously develop the software and improve it by means of updates.
6. Rights to use the software
- The Provider grants the User the non-exclusive and non-transferable right to use the Software in accordance with the provisions of the SaaS Contract.
- The User may only copy and edit the software to the extent that this is covered by the intended use of the software according to the respective current service description. Necessary and permitted copying only includes loading the software into the main memory. All other types of duplication and editing, such as the temporary installation or storage of the software on data carriers (hard disks or similar) of the hardware used by the user, are not permitted.
- The user is not authorized to make the software available to third parties for use, further development or other types of use, whether in return for payment 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 the labour law vis-à-vis Applicants / employees, or the use of the software for recruitment purposes).
7. Support and customer service for users
- The Provider will respond to User enquiries via web chat, email or telephone (dualoo.com/en/about-us) regarding the use of the Software and the Saas Contract as quickly as possible within business hours.
8. Duties of the user
- By registering, the User confirms that he or she is of legal age or at least 15 years of age to use the Provider’s free services.
- Users who wish to use the Provider’s paid services confirm that they are of legal age and capable of judgement.
- The user is obliged to identify the content 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 requested data completely and correctly.
- When using the software for the first time, the user must generate a “User ID”, in the form of the email 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 informs the Provider immediately as soon as he becomes aware that access data is known to an unauthorised third party.
- The user shall prevent the spread of viruses and shall use state-of-the-art virus protection programs for this purpose and shall refrain from overloading 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 to terminate it without notice. The User shall be liable to compensate the Provider for any resulting damage.
- The User is obliged to use the software in accordance with the contractual and legal provisions. In the event of suspicion of unlawful, immoral or non-contractual use of the software, the Provider may at any time block the account of the corresponding user without prior notice with immediate effect and terminate it without notice. This applies in particular to the use of other people’s personal data, falsification of identity, deception or 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 EU data protection regulations (GDPR) and the Swiss Federal Data Protection Act (DSG).
- 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 infringement, the user who unlawfully created and/or processed such data shall be liable.
- The user is fully liable for the legality of the data and content made accessible by him via the software.
- The User undertakes to indemnify the Provider against all claims by third parties based on the data stored by him and to reimburse the Provider for all costs incurred by the Provider in connection with any claims by third parties.
- The User is liable for damages caused to the Provider or other Users by breach of contractual and other obligations. In particular, by publishing illegal, immoral data or data that infringes the rights of third parties (texts, images, graphics and links) or refers to such. The user indemnifies the provider against any claims by third parties and assumes all costs incurred in this connection, including those of any legal representation.
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 (applying) is free of charge.
- The provider sends the user periodically (monthly or annually) an invoice for the contractually owed fee. The invoice is to be paid in advance and within the payment period noted on the invoice.
- The Provider is authorized to adjust the contractually owed fee and the price list at any time to 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 subsequently terminated within the payment period and the user may exercise the right to data handover until one month after termination.
- The remuneration owed is calculated on the basis of the provider’s services selected by the user. All offers subject to a charge are clearly marked. If chargeable services or services are additionally activated, remuneration is owed in accordance with the current price list and is invoiced as an additional bill.
- Upon expiry of the payment period stated on the invoice, the user shall be in default without further notice (expiry date). In the event of default, the Provider is authorized to charge a reminder fee of CHF 20 per reminder and interest on arrears of 5% from the expiry 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 blocking does not constitute an important reason for termination of the contract without notice by the user. For a reactivation of the service, the Provider shall charge a processing fee of CHF 50.
9. Warranty and limitation of liability of the provider
- The Provider shall only be liable for direct damage caused by the Provider’s own intentional or grossly negligent act. Any contractual or non-contractual liability of the Provider for all other direct, all indirect and consequential damages, irrespective 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 interruptions in operation will be remedied as quickly as possible in the interest of all parties, but do not entitle the User to claim compensation. The User shall be notified in advance, if possible, of any interruption of operation for the purpose of maintenance and servicing work. All claims against the Provider due to impairments and/or interruptions in the availability of the software are excluded, regardless of the legal reason.
- The Provider does not guarantee the correct and timely transmission of all digital communication, as external partners such as Internet providers are used for this purpose. Any liability is expressly excluded for any damage resulting from the non-delivery or late delivery of a notification.
- The Provider does not guarantee that an employment relationship will be established through the use of its services.
- If an employment relationship arises between Users as a result of the Provider’s mediation activities, the Provider cannot be held liable for any claims in connection with the employment contract, including the establishment of the employment contract and compliance with legal provisions, in particular if employment contracts are completed across a national border.
- Content entered and published by the Provider has been compiled and prepared to the best of the Provider’s 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 it is suspected that the data stored by the User is illegal and/or violates the rights of third parties.
10. Duration and termination of the contract
- The user is free at any time to terminate the contract at the end of the contractually defined period and thus end 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 are no longer 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. An important reason for the immediate termination of this contract exists for the Provider in particular
- if bankruptcy or probate proceedings are instituted against the User,
- the User is in default with payment obligations arising from this contractual relationship and has been reminded unsuccessfully by setting a grace period of one month and threatening to terminate the contract,
- contractual services are used for the purpose of promoting criminal, unlawful and ethically questionable acts.
- 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, in the case of the provider, to firstname.lastname@example.org. The transmission by e-mail satisfies the written form requirement in each case.
- The contracting parties are obliged to notify each other immediately of any change of address, otherwise notices sent to the address last notified in writing shall be deemed to have been delivered with legal effect.
12. Severability clause
13. Jurisdiction and choice of law
- With regard to all legal relationships arising from this contractual relationship, the parties agree that Swiss substantive law shall apply 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 Provider’s registered office (Goldach, Canton St. Gallen, Switzerland) is agreed as the place of jurisdiction. Mandatory statutory responsibilities remain reserved.