1.2 Use of WorkBuddy’s Apps and/or Services require your acceptance of these TOU. Use of the Apps and/or Services, as well as clicking on them to join and/or sign in, and agreeing to these TOU when appearing on a user interface for the Services, constitutes WorkBuddy’s acceptance of these TOU and all of its associated terms. By accepting these TOU or using WorkBuddy’s Apps and/or Services, you represent and warrant that you are competent to contract in the jurisdiction of your residence. The Apps and Services are directed to users who are at least 16 years of age. In the absence of consent from this TOU, you will be denied use of the Apps and Services. If you use the Apps and Services on behalf of a legal entity (e.g., employer), you are responsible for warranting and guaranteeing your full legal authority to bind that legal entity to this TOU. If you do not have such authority, you may use the Apps and Services on behalf of the legal entity and must immediately cease all use of the WorkBuddy Applications.
1.3. WORKBUDDY IS A SOLUTION THAT WILL MAKE JOB SEARCHING EASIER AND BETTER FOR MANY PEOPLE IN THIS WORLD. USE IS LIMITED TO THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY UNTIL FURTHER NOTICE. ANY USE OUTSIDE THE FEDERAL REPUBLIC OF GERMANY IS AT YOUR OWN RISK AND RELEASES WORKBUDDY GMBH FROM ITS OBLIGATIONS.
These TOU may be updated and amended at any time. The amended version of the TOU will be made available to users through the Apps and on the Website. By using the Apps, Website and/or Services, you automatically agree to the updated TOU after it has been updated and provided. Discontinuance of use of the Apps, Website and/or Services by you must be immediate if you do not agree to any section of the currently effective TOU.
You are solely responsible for all data, SMS and mobile carrier charges associated with the cell phone on which you have installed the Mobile App. Any costs incurred by you as a result of internet connections and telecommunications charges when accessing the Services, are your sole responsibility. You accept that WorkBuddy may make changes to the Apps, Website and/or Services at any time without obtaining your consent in advance.
5.1 User Account. A user account is required to access the Services, which can be created by completing the registration process. For this purpose, an e-mail address is required from you. In addition, you also have the option to choose an avatar. You agree to provide personal information to WorkBuddy to enable your user account to provide the services.
5.2 User Account Removal. WorkBuddy reserves the right to remove inactive accounts at its sole discretion if they have not been used for an extended period of time.
5.3 Account Suspension. Your User Account may be suspended by WorkBuddy at any time. Account deletion by Company may result in the deletion of, as well as suspension of access to, certain Content within the Service. Certain content from chat histories with other users may remain visible to that user. Suspension of your User Account may be the result of the following reasons:
a. The Company determines that there has been a violation of these TOU by you or your actions do not comply with these TOU, or (b) there is a suspicion of fraudulent and illegal activity by you or you engage in other conduct that may result in liability to the Company.
b. Company will cease providing the Services or critical parts of the Services in the country where you reside, use the Apps and/or access the Website and/or use the Services. Similarly, User Account suspension occurs upon Company’s decision to no longer pursue its own business interests and to cease providing the Services or critical portions of the Services.
5.4 Consequences of Account Blocking. Accounts suspended by Company (including accounts suspended due to abuse and violation of these TOU) may not be reactivated. If you voluntarily terminate your account, you may have the account reactivated within 6 weeks by contacting Customer Service. Regardless of account suspension or termination, the terms of this TOU will remain in effect on an ongoing basis.
6.1 Installation. Use of the Apps requires installation of the Mobile App on one or more mobile devices that you own or control. The Desktop App does not require installation and can be used in any supported browser.
6.2 Updates. Downloading and installing updates for the Apps may be required by Company at various times. You accept and agree that Company may update the Apps with or without notice. In addition, additions of features or functionality to the Apps are permitted by Company in its sole discretion. You accept that Company has no obligation to provide subsequent versions of the Apps and that features may change during Apps use.
6.3 Agreements. You acknowledge that you may use the Apps only in connection with the Services provided through the Apps pursuant to this Agreement. The requirements contained herein and this Agreement are subject to change as the Apps and/or Services evolve.
7.1 Personal Use License. Company hereby grants you a limited, non-transferable, non-exclusive, non-sublicensable and revocable license to (i) install the Mobile App on one or more mobile devices operated or owned by you that meet Company’s minimum requirements; (ii) install the Desktop App on one or more computers operated or owned by you that meet Company’s minimum requirements; and (iii) view, review and use the Apps and any related information provided by Company.
7.2 Access to Services. You agree to use the Services solely by means of the Web Application or Apps or to refrain from attempting to access the Services by any other means. You agree not to access or attempt to access the Services by any automated means (including, but not limited to, the use of scripts, unauthorized third party apps, bots, web crawlers or spiders).
7.3 No Violation of Laws. You agree not to violate any applicable law, regulation, rule, policy or treaty on your part in connection with your use of the Apps, Website and/or Services.
7.4 Restrictions. Connecting and to or using the Apps, the Web Application and/or the Services is prohibited unless explicitly permitted in this TOU.
a. It is prohibited to: (a) remove any proprietary notices provided by Company from the Services or copies of the software (“Software”); (b) make, authorize, or permit any modification, translation, creation of derivative works, decompilation, disassembly, or hacking of the Apps, Software, or Services; (c) sell, transfer, rent, lease, act as a service provider for the Apps and/or Services, grant rights to the Apps and/or Services (including, without limitation, sublicensing) to any other person or entity; or (d) make any false or deceptive representations or statements about Company and/or the Apps and Services.
b. Without exception, the foregoing shall remain in effect. You further agree to refrain from the following: (i) perpetrate, assist or participate in any attack, including but not limited to attacks that prevent the Service, on the Apps and/or Services (as well as any systems, servers, networks connected to the Apps and/or Services) themselves, or otherwise attempt to interfere with, impair or obstruct the operation of the Apps and/or Services or the use of the Apps and/or Services (or any systems, servers or networks connected thereto) by any other person or entity; (ii) attempt to unauthorizedly access the Apps and/or the Services, other users’ registered user accounts, systems, servers or networks connected to the Apps and/or the Services; (iii) issue invoices for the use of the Apps and/or the Services to other individuals or receive compensation therefor without express written authorization from Company; (iv) use the Apps and/or Services to (a) develop, generate, transmit or store information that is illegal or unlawful, defamatory infringing, hateful, abusive, racially or ethically objectionable, and that would promote a potential criminal offense; or (b) engage in unsolicited commercial communications prohibited by applicable law; or (v) engaging in (a) invasion or harassment of privacy or threats to other persons and groups; (b) conduct harmful to children; (c) pharming, phishing or otherwise impersonating another person or entity, or stealing and impersonating another person (whether through an online nickname or alias or a real identity); or (d) violating any applicable law, regulation, policy, agreement or rule.
c. Without exception, the foregoing shall survive. You further agree to refrain from (i) billing or receiving compensation for use of the Services to any other person; (ii) using the Services in any manner not permitted by the licenses granted in these TOU; or (iii) taking any other unlawful, abnormal, or unusual or prohibited action that Company determines in its sole discretion.
d. Under these TOU, Company does not grant any licenses, express or implied, unless explicitly so decreed. The Company owns the rights to all apps, applications or services that are not explicitly granted in these TOU.
7.5 Prohibition of data mining or malicious code. You agree to refrain from (i) obtaining or attempting to obtain any information from the Services, including, without limitation, telephone numbers or email addresses of other users or other software data; or (ii) intercepting, reviewing, or otherwise monitoring communications, conversations, or chats between account holders without the prior consent of such account holders; or (iii) using various types of software designed to enable fraudulent and unauthorized access to the Apps and/or Services, or to cause any corruption, deletion, damage or disassembly thereof.
7.6 The exclusive purpose of the use of the App and/or the Services is of a purely informative nature. (Pre)contractual connections shall not arise or be derived therefrom.
7.7 Violation of these TOU. You agree and consent that you shall be solely liable for any breach of these TOU committed by you or for the consequences of such breach, and that Company or any other person or entity shall have no liability or responsibility therefore. Termination of the relationship with you or your organization and immediate suspension of your (or your organization’s) account may be implemented at the Company’s sole discretion if your use of the Services is determined to be inconsistent with Section 7 herein or with the terms of these TOU.
8.1 Links from the Services. There is a possibility that the Services contain links to websites operated by a third party. These links to other websites are provided by the Company as a convenience and the use of these websites is at your own risk. The Company is not responsible for controlling these websites or their content. Any information or materials contained on the other websites are not under the Company’s endorsement and the Company assumes no liability for your access and use related to these linked websites.
8.2 Website Links. Company’s linking policy must be followed as follows, unless otherwise determined in a written agreement between you and Company: (i) the goodwill associated with Company’s names and trademarks must not be potentially damaged by the appearance, location or other aspects of the link; (ii) your organization or company must not, by the appearance, position, or other characteristics of the link, create the false appearance that a link between your organization or company is sponsored by, affiliated with, or affiliated with WorkBuddy; and (iii) if selected by the user, the link must display the website in full screen mode and must not deviate from that display mode. Company may revoke its consent to the Link at any time in its sole discretion.
9.1 Trademarks. WorkBuddy and its associated logos are trademarks of WorkBuddy GmbH. All rights reserved. Use of the Company’s trademarks, service marks and logo without express written agreement with the Company is prohibited. Illegal use of same may violate federal and state trademark laws.
9.2 Ownership. You agree and consent that Company owns all title and interest and rights in and to the Apps and the Services, including any intellectual property rights, at all times and globally recognized industrial property rights and proprietary rights. In addition, you agree that the Services contain information designated by Company as confidential and that you may not disclose such information without Company’s prior written consent.
10.3 You accept that you are solely responsible for the submitted content. By submitting Content, you expressly agree that you are solely responsible for such Content. Under no circumstances and in no way will Company be liable for any Content you submit, including, but not limited to, any errors or omissions in the submitted Content, or any loss or damage incurred as a result of the use or distribution of the submitted Content when it was transmitted or otherwise made available through the Services.
The Apps and Services are directed to individuals 16 years of age or older. The Company does not knowingly collect personal information from children under the age of 16, nor are they permitted to create a user account or access the features of the Apps. The privacy of children under 16 is a high priority for us and we encourage parents to actively and regularly participate in their children’s online activities.
We ask you to read our disclaimer of warranties located in this section.
12.1 You understand and agree that your use of the Apps and/or Services is at your own risk, and that the Apps and/or Services are provided on an “as is” and “as available” basis, without warranties or representations of any kind, whether express or implied.
12.2 Company disclaims all warranties and representations to the extent permitted by applicable law. This includes, but is not limited to: Warranties and representations of satisfactory quality, fitness for a particular purpose, non-infringement, merchantability and those arising out of a business relationship or trade usage.
12.3 Company does not warrant the accuracy, reliability or completeness of any materials, information or data provided by or through the operation of the Apps and/or Services.
12.4 Company does not warrant or represent that (a) you will be able to access the Apps and/or Services at any time and from any location of your choosing; (b) the operation of the Apps and/or Services will be uninterrupted and timely and error-free; (c) your use of the Apps and/or Services will meet your requirements; (d) correction of errors in the operation of the Apps and/or Services will occur; or (e) the Apps and/or Services are free of viruses or other harmful components.
12.5 You agree that the downloading of any material through the use of our Apps, Web Application and/or Services is solely at your own risk. You also accept that you are solely responsible for any damage to your computer, cell phone or any other device or loss of data that may result from downloading or receiving such material.
Please note that some states or jurisdictions do not allow the exclusion of implied warranties. For this reason, the above disclaimers may not apply to you.
Please read our limitation of liability located in this section.
13.1 In accordance with applicable law, Company, its affiliates, licensors and business partners (collectively, “Related Parties”) shall have no liability to you in contract, tort (including negligence), strict liability or any other legal or equitable theory with respect to:
a. Any direct, indirect, incidental, consequential, special or exemplary damages, including lost profits, loss of use, loss of data or business goodwill, arising out of or in connection with access to the Apps, the Web Application and/or the Services, even if the Related Parties have been advised of or should be aware of the possibility of such loss or damages;
b. The cost of replacing goods, services or technology; or
c. The deletion, corruption or failure to store any materials, information or data collected by or through the use of the Apps, the Web Application and/or the Services.
There is no amount of liability for you, your organization, or the Company which exceeds the total amount paid by you or your organization in the 12 months prior to the event that triggered the liability.
This limitation of liability does not apply to damages that may not be excluded or limited in some states or jurisdictions. In such cases, the liability of the Company and its parties is limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold Company and Related Parties harmless against any claims, demands, damages or other losses, including but not limited to reasonable attorneys’ fees, arising out of (i) your use of the Apps and/or Services, (ii) the Transmitted Content, (iii) your inability to use the Services, including your inability to contact emergency services or inability to otherwise contact emergency services, or (iv) the violation of this TOU or any other policy that Company may incur for the Apps and/or the Services in the future.
If you use the Services within the European Union or outside the United States, the laws of Germany will govern the interpretation of these Terms of Service, without regard to conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Except as provided in Section 16 (and in small claims court proceedings), your irrevocable jurisdiction over any dispute arising out of or relating to your use of any of the Services shall be in the courts of the state of Baden-Württemberg in Germany.
16.1 Dispute Resolution Procedure. You agree to follow the following escalation procedure in the event of a dispute or claim arising out of your use of the Apps and/or Services:
a. You and Company commit a credible attempt to negotiate a written resolution of the matter directly between the parties;
b. In the event that the parties are unable to resolve the dispute in accordance with Section 16.1.(a), you are free to pursue your remedies available to you under applicable law or these TOU.
17.1 No Partnership. You acknowledge that use of the Apps, Website or Services does not create a partnership, joint venture, employment or agency relationship between you or your organization and Company.
17.2 Transferability. Company may transfer its rights under these TOU to any person or entity without your consent. You may not transfer your rights granted in these TOU without the written consent of Company, and any unauthorized transfer by you will be void.
17.3 Severability. If any part of these TOU is deemed unlawful or unenforceable, it will affect only that part, and the remaining terms will remain in full force and effect.
17.4 No Waiver. In the event that any provision of these TOU is held to be invalid or unenforceable, such invalidity or unenforceability shall in no event be construed as a waiver of such provision by Company. An express waiver by Company of any term, condition or requirement of these TOU shall not constitute a waiver of your obligation to comply with such term, condition or requirement in the future.
17.5 Communications. All notices required or given by you under these TOU must be in writing and addressed to WorkBuddy GmbH, Königstrasse 64, 70173 Stuttgart, Germany, for the attention of management.
17.6 Import-Export Regulations. You must comply with applicable import and export laws and regulations in Germany and the U.S. and may not export or transfer the Apps, Website or Services or any products directly resulting therefrom to any restricted or prohibited destination, person or entity.
17.7 U.S. Government Rights. In the event that You accept this TOU on behalf of the U.S. Government or its agencies, it is “commercial computer software” and “commercial computer software documentation” as defined in FAR 12.212 and DFARS 227.7202 and their successor regulations, with use, reproduction and disclosure in accordance with the terms of this TOU.
17.8 Equitable Remedy. You acknowledge that we may suffer irreparable harm for violations of this TOU, and that we are therefore entitled to pursue equitable legal remedies, without bond or proof of damages, in addition to any remedies available at law.
17.9 Entire Agreements. These TOU and any cited documents constitute the entire agreement between you and Company with respect to the Apps, Website or Services, and supersede any prior agreements between you and Company with respect to the Apps, Website or Services.
To improve the performance of our Services, we may rely on anonymized usage information, such as usage data and transmission data, including crash reports, which may be sent to third parties. This information allows us to analyze and optimize the performance and function of our Services. In addition, our Services use your device’s processor, bandwidth, and storage space to ensure the smooth exchange of data, content, services, or features between you and other users. All device information is anonymized and does not allow us to identify you personally. You have the option to disable this information at any time within the app settings.
As a data subject under the EU General Data Protection Regulation (GDPR), you have the following rights regarding your personal data:
a) The right of access to your personal data (Art. 15 DSGVO);
b) The right to have your personal data corrected or deleted (Art. 16 and Art. 17 DSGVO);
c) The right to restrict or object to the processing of your personal data (Art. 18 and Art. 21 DSGVO);
d) The right to data portability (Art. 20 DSGVO).
Your rights b), c) and d) only apply under certain conditions according to DSGVO, which is why they do not necessarily apply to us. Furthermore, you are entitled to file a complaint with a data protection authority.