Terms of use webapplication

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: 05 July 2021

1. Summary
2. Purpose, Validity and Amendment of the Terms of Use
3. Subject matter
4. Intellectual Property Rights
5. Software transfer
6. Rights to use the software
7. Support and customer service for users
8. Duties of the user
9. Warranty and limitation of liability of the provider
10. Duration and termination of the contract
11. Notices
12. Severability clause
13. Jurisdiction and choice of law

• We think 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 terms 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 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.
• Dualoo’s privacy policy applies to everyone, whether private individual or company. Everyone has the same rules.
• We adhere to 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.

Are there any questions or problems regarding data protection or the user agreement? Then contact us at datenschutz@dualoo.com.

1. These Terms of Use govern the contractual relationship between the companies offering jobs, Applicants and other possible stakeholders on the one hand (hereinafter “User”) and Dualoo AG on the other hand (hereinafter “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 fully accepts these terms of use. The Provider will explicitly draw the User’s attention to the current Terms of Use when the contract is concluded.
2. The Provider reserves the right to unilaterally amend, modify or change these Terms of Use at any time. Amendments will be published on the Provider’s publicly accessible website dualoo.com at least 30 days before they come into force. he 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 consent to the changes, otherwise further access to “Dualoo” is no longer possible. The current version of the terms of use is publicly accessible and printable at any time on the provider’s website www.dualoo.com.

1. 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”).
2. 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 the User’s data (data hosting & order data processing) regulated in the data protection declaration.
3. 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.

1. 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.

1. 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.
2. The respective current functional scope of the software results from the service description on the website of the provider dualoo.com.
3. 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.
4. The Provider shall continuously develop the software and improve it by means of updates.

1. 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.
2. 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.
3. 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.
4. 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).

1. 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.

1. 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.
2. Users who wish to use the Provider’s paid services confirm that they are of legal age and capable of judgement.
3. The user is obliged to identify the content he makes accessible via the software as his own content, stating his full name and address.
4. 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.
5. 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.
6. The User is obliged to take suitable precautions to prevent unauthorised access to the software by third parties. To this end, the user shall, to the extent necessary, instruct his employees, executive bodies and auxiliary persons to comply with these Terms of Use and, in particular, the prohibition of copying pursuant to Section [5.2] [5 .2] as well as the separate data protection declaration.
7. 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.
8. 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.
9. 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).
10. 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.
11. The user is fully liable for the legality of the data and content made accessible by him via the software.
12. 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.
13. 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.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

1. 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.
2. 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.
3. 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.
4. The Provider does not guarantee that an employment relationship will be established through the use of its services.
5. 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.
6. 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.
7. 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.

1. The SaaS contract is concluded for an indefinite period. The contract comes into effect with the application or registration by the user and the explicit agreement 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 defined period. The termination can be made in the settings of Dualoo, a contact via the chat or an email to verkauf@dualoo.com. The notice period is five working days after receipt. The notice period is five working days after receipt.
2. 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.
3. 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.
4. 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
   1. if bankruptcy or probate proceedings are instituted against the User,
   2. 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,
   3. the use of the contractual services violates contractual provisions (in particular the user obligations pursuant to paragraph [8] of these Terms of Use) or legal provisions or infringes the rights of third parties,
   4. contractual services are used for the purpose of promoting criminal, unlawful and ethically questionable acts.

1. 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 datenschutz@dualoo.com. The transmission by e-mail satisfies the written form requirement in each case.
2. 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.

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

1. 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).
2. 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.