These Terms of Service (the “Terms”) which govern the use of our Service (as defined below) have been entered into between Jobylon AB (“Jobylon”, “we”, “us” or “our”), Swedish registration number 556810-6172, a company incorporated under the laws of Sweden with its registered office at Brahegatan 10, 114 37 Stockholm, Sweden, and the “Customer” (or “you”), as defined in an order document (an “Order Document”) or as stated on the Site when signing up for the Service.
If an Order Document, which defines any specific terms, has been signed, our entire agreement (the “Agreement”) consists of the Order Document and these Terms. In case of any discrepancies between the Order Document and these Terms, the Order Document shall prevail.
The following words and phrases shall, in this Agreement, have the meaning assigned below:
the “Site” refers to the domain and sub-domains of www.jobylon.com.
“Jobylon” refers to our company (Jobylon AB); our Site; our Service; or a combination of all or some of them, depending on the context in which the word is used.
the “Service” refers to any of the services that we provide, including, but not limited to, our online hiring solution Jobylon.
“Job Ad” refers to a job advertisement posted by the Customer through the Service.
“Job Slot” refers to the space available to publish a Job Ad. The number of Job Slots allowed limits how many Job Ads may be active simultaneously.
“User” refers to any authorized user of the Service who is a representative of the Customer.
“User Account” refers to the personal password protected account used to identify specific Users of the Service.
“Applicant” refers to anyone applying to a Job Ad.
“License” refers to the Customer’s right to use the Service, and the individual conditions that apply for such Customer.
“Content” refers to all texts, graphics, videos, pictures and all other information, such as Job Ad material or Applicant Information, that the Customer as well as its Users or Applicants uploads, publishes or in other ways makes available for others at or via the Service.
“Original Content” refers to original content of the Service, such as code, texts, graphics, videos, pictures and all other information provided by Jobylon.
“Applicant Information” refers specifically to any Content of an application submitted via the Service.
“Third Party Sites” refers to any site not provided by Jobylon.
2. The Scope of the Service
The Service is an online recruiting tool, available on the Site, which aims to liberate the hiring manager and remove hassle from recruiting. It is an end-to-end solution enabling, for example, Job Ad creation, social job sharing, candidate management and various other features.
Jobylon does however reserve the right to modify, suspend, and/or discontinue properties of the Service at any time, with or without notice. All new functionalities, features or services introduced to the Service will be subject to the Agreement. We will make reasonable efforts to keep the Service operational and fully functional during updates.
The Customer is granted a non-exclusive and non-transferable License to use the Service. The License may consequently only be used for the specific Customer’s internal purposes and may not be resold.
You are responsible for obtaining and maintaining all hardware, software, communications equipment and network infrastructures required to access and use the Site and the Service, as well as paying all third-party fees and access charges incurred while using the Service.
3. User Accounts
The Customer is solely responsible and liable for all access to and all actions and activities conducted under any of the Customer’s designated User Accounts, as well as the Customer’s designated Users’ use of the Service. The Customer undertakes to immediately inform Jobylon of any unauthorized use of your User Accounts.
Jobylon reserves the right to suspend any User or terminate any User Account if activities occur which constitutes or may constitute a violation of the Agreement, our instructions or of any applicable local or international law, rule or regulation. Each User may however cancel their own User Account at any given time, without regard to any period of notice.
4. Use of Data
Jobylon maintains the right to use the Customer’s and its Users’ information, including Content and Applicant Information, in an anonymized, consolidated and aggregated manner with other customers’ information in marketing activities to improve, develop and modify the Service and to compile statistics and other marketing information.
5. Payment & Fees
Any price indicated in the Order Document is based on an estimated usage of a certain number of Job Slots per month. The fee for the Service can therefore be affected upon any future renewal of the Agreement if the actual usage differs from the estimation.
Any fees for the Service are payable by invoice in advance on a monthly or annual basis, as set forth in the Order Document or as stated on the Site at sign up. The fees are exclusive of VAT and any other applicable sales or use taxes or duties.
Jobylon reserves the right to change the fees for the Service with thirty (30) days’ notice, whereby the new fees will apply at the renewal of an ongoing subscription (i.e. as of next month or next year).
Any discounts applicable to a subscription will not be applicable for a renewal period, where Jobylon’s regular fees will apply unless otherwise agreed.
The Customer shall pay all invoices within fifteen (15) days after the invoice date. Prior to the start of each contract term, the Customer will be invoiced for the full amount due for the coming term.
Interest on overdue payment shall accrue according to the Swedish Interest Act (Sw. räntelag (1975:635)), and collection fees will be charged when applicable. Jobylon shall, in addition to other remedies, be entitled to suspend or terminate the Customer’s and its Users’ access to the Service, until payment is made.
Failure of payment is not considered a cancellation of a subscription or a termination of the Agreement.
6. Credit Card
Credit card payment may be accepted in certain cases. Additional terms may however be applicable for Customers using credit card.
If a credit card is cancelled or expires before a subscription can be renewed, the Customer will be requested to rectify this immediately. However, Jobylon reserves the right to terminate an account and delete its associated data without notice in such situations.
7. Duration & Cancellation
The Agreement shall commence and remain in force as stated in the Order Document or, if there is no Order Document, in accordance with what is at any time stated on the Site.
Unless the Agreement is cancelled in writing by either party at least i) ninety (90) days prior to the expiration of the Agreement for annual subscriptions, or ii) thirty (30) days prior to the expiration of the Agreement for monthly subscriptions, the Agreement will be extended automatically for the same time as the previous Agreement period, whereas Jobylon’s at the time of the extension current fees will apply.
If the Customer terminates the Agreement in advance, there will be no refund of payment for the ongoing Agreement period, however the Customer’s access to the Service during the time left of the subscription will remain.
8. Free Use & Trial Periods
A limited version of the Service can be used free of charge in accordance with what is at any time stated on the Site.
Jobylon may furthermore offer special terms for the use of the full Service for a trial period, in accordance with the provisions set forth on the Site. A trial period can, notwithstanding what is otherwise stated in these Terms, be cancelled at any time. A trial period will however, if not cancelled before the end of the trial period, automatically pass to a monthly subscription, whereas Jobylon’s current fees will apply.
9. Prohibited Use of the Service
The Customer shall use the Service for lawful purposes only. The Customer agrees not to use the Service for posting, transmitting or otherwise distributing illegal material.
The Customer agrees to, within the scope of the Service and in relation to Jobylon, not defame, abuse, harass, threaten or otherwise violate the legal rights of others, including Jobylon; not publish, post or in any other way express any topic, material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful; not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm Jobylon, the Service or the Users in any way; and not use programming codes or commands when communicating in the Service.
Applicant Information and Content related to an Applicant submitted in the User interface (such as User comments, rating and tags) will only be visible to the Customer who submitted the Job Ad (and its designated Users) and will not be shared with third parties.
11. Applicant Information
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
12. Personal Data
Jobylon will process personal data regarding Users and Applicants on the Customer’s behalf. Hence, the Customer is considered the data controller whereas Jobylon is the Customer’s data processor. The Customer’s privacy policies or instructions, if any, are therefore applicable to the processing of personal data executed by Jobylon on the Customer’s behalf, in the extent such have been announced to and accepted by Jobylon.
Jobylon and the Customer may furthermore enter into a separate Data Processing Agreement.
For the sake of clarity, Jobylon may also process data regarding Applicants on its own behalf or on behalf of other customers of the Service.
13. Intellectual Property
The Service and its Original Content, features, functionality, and design elements are and will remain Jobylon’s, or its suppliers’, exclusive property. The Customer’s use of the Site and the Service is limited to the rights granted to the Customer under the Agreement. Jobylon’s intellectual property may not be used in connection with any product or service without Jobylon’s prior written consent.
The Site, the Service or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose inconsistent with the limited rights granted to the Customer under the Agreement.
Jobylon reserves the right to, in its marketing of the Service, use the Customer’s name, trademarks and other characteristics. This right shall, for example, include Jobylon’s mentioning of the Customer as a reference on the Site.
14. Third Party Services
Jobylon assumes no responsibility for the content, advertising, goods or services, privacy policies or other practices of any Third Party Site that may be reached by links presented in the Service. The Customer and its Users are responsible for evaluating whether to access or use a Third Party Site or to be bound by any applicable terms found therein. Furthermore, the Customer agrees that Jobylon is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site.
The Customer shall compensate Jobylon with respect to all direct and indirect liabilities, losses, damages, costs or expenses caused, arising out of, or in connection with (i) the Customer’s negligence, (ii) the Customer’s breach of the Agreement, or (iii) the Customer’s misuse of the Service.
In the event of Jobylon’s material breach of this Agreement, and if such breach remains uncured for a period of more than three (3) days after notice from the Customer, the Customer shall be entitled to a refund equal to one (1) day’s Service fee pro-rata for every day that the material breach remains uncured, however limited to a maximum of thirty (30) days or any shorter period left of the ongoing contract term. Such refund claim must be presented to Jobylon in writing within fifteen (15) days.
After the passing of thirty (30) days (or any shorter period left of the ongoing contract term), and if the material breach remains uncured, the Customer has the right to terminate the Agreement with immediate effect and to claim a refund equivalent to one (1) day’s License fee pro-rata for every day that remains of the Agreement term.
The Customer has no further rights to compensation, other than what is stated in this clause 15.
16. Limitation of Liability
Jobylon does not guarantee uninterrupted, secure or error-free operation of the Service. The Service is provided “as is” without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Jobylon is not responsible for neither technical, hardware or software malfunctions, nor lost or unavailable network connections, downtime or disconnections from User Accounts.
Jobylon is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User Accounts.
To the maximum extent permitted by applicable law, Jobylon shall in no event be liable for any indirect, incidental, special, consequential or exemplary damages, however caused and under any theory of liability arising out of or in connection with the Agreement. This shall include, but not be limited to, any loss of; profit, goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible losses.
If Jobylon is found to be liable to the Customer for any damage or loss which arise out of or is in any way connected to the use of the Service, Jobylon’s liability shall in no event exceed an amount corresponding to the latest twelve (12) months’ worth of Service fees paid to Jobylon by the Customer. Such claims must be presented to Jobylon in writing within fifteen (15) days from when such damage or loss was, or should reasonably have been, discovered.
17. Breach of the Agreement
Should the Customer, or any of its designated Users, use the Service in violation with the Agreement, Jobylon shall have the right to: i) delete any Content produced by the Customer, ii) terminate the Agreement, and iii) receive a reasonable compensation for its losses connected to the Customer’s violation.
Jobylon reserves the right to directly limit the use of or access to the Service and to block, restrict or delete any Content at any time, for any reason and without liability, if such use, access or Content constitutes or may constitute i) a violation of the Agreement in general or of any applicable local or international laws, rules or regulations, or ii) a risk of harming Jobylon’s trademarks, goodwill or reputation.
18. Changes to & Assignment of the Agreement
Any Order Document may only be amended in writing signed by an authorized representative of both parties.
Jobylon may, at any time and for any reason, amend these Terms by publishing the amended Terms on the Site. The amended Terms shall automatically be effective upon publishing.
Neither this Agreement nor any obligation or right hereunder may be assigned or transferred by either party without the prior written consent of the other, provided, however, that either party may assign this Agreement in whole without the other party’s prior consent to a successor in connection with a merger, acquisition or sale of all or substantially all of its assets to which this Agreement relates, on condition that such successor agrees in writing to comply with all terms and conditions of this Agreement.
19. Force Majeure
The parties shall be relieved from any liability for any delay or failure to perform any obligation under this Agreement during such period and to the extent that the due performance thereof by either of the parties is prevented by reason of any circumstance beyond the reasonable control of the party (“force majeure”), such as war, warlike hostilities, labor disturbances, fire, flood, or other circumstances of similar importance.
The party desiring to invoke an event of force majeure shall immediately provide the other party with a written notice.
If the performance of the Agreement is severely hindered for a longer period than three (3) months due to a force majeure event, either party shall be entitled to terminate the Agreement with immediate effect. Upon termination due to a force majeure event, each party shall bear its own costs incurred by the termination.
20. Governing Law and Dispute Resolution
The Agreement shall be construed in accordance with, and governed by, Swedish law.
Any dispute arising from or relating to this Agreement shall be settled by the public courts of Sweden, Stockholm district court being the first instance.