TERMS OF USE

(Draft version)

We are Profile-me Inc., a company established under the laws of the USA (hereinafter "profile-me", "we", "us" and "our"). We operate a platform connecting specialists with companies (hereinafter "Company" and/or "Companies") looking for candidates through the Profile-me website (hereinafter "Website"). The connection between candidates and companies is made through a chat on the platform https://profile-me.io.

The term "you" refers to a natural person who has accepted these Terms of Use (from now on “Terms”). By accepting these Terms and using the Profile-me service, you confirm that you have carefully read and understood these Terms, and you agree to be bound by these Terms and policies referenced herein. When you accept, these form a legally binding agreement between you and us for using the service. If you do not accept these Terms, your account registration shall be declined, and your data thereof shall be deleted.

1. PROFILE-ME SERVICE

1.1. Profile-me enables:

  • Candidates instantly get a selection of the matching job options. For that purpose, the Candidate can create his/her own public or anonymous profile, including basic information about expertise, experience, and expectations for the new job.
  • The company can use this information to find Candidates, match with Candidates, and fill its vacancies. For that purpose, the Company can create its public profile, including information about specialization, open vacancies, internal projects, etc.

2. USING THE SERVICE

2.1. In order to use the Website and the services, you need to be 18 or older. You must also have the full legal capacity and the power to enter a binding contract and are not banned under any applicable law. If you represent a legal person, you must be duly authorized to carry out such representation.

2.2. In order to use services, you must create an account, which will contain your first and last name, email, and password. Information collected when creating an Account on the Website is subject to our Privacy Notice.

2.3. By opening an Account, Specialist guarantees that:

  • will only provide accurate and up-to-date information to profile-me;
  • will not share the Account and/or password with any third parties and/or do anything else that might jeopardize the security of the Account and be fully responsible for the access to the account;
  • in case it changes, the Specialist will update the Account information;
  • is solely liable for the validity of the information provided to the Profile-me;
  • will not create more than one Account and must not create an Account on behalf of another individual or entity unless the Specialist is legally authorized to do so;
  • must notify Profile-me immediately upon becoming aware of any breach of security or unauthorized use of the account and be solely responsible for keeping the password confidential and secure.

2.4. By opening an Account, the Company guarantees that:

  • must not create an Account on behalf of another individual or entity unless the Company is legally authorized to do so;
  • will only provide accurate and up-to-date information to Profile-me;
  • will not share the Account and/or password with any third parties and/or do anything else that might jeopardize the security of the Account and be fully responsible for the access to the account;
  • in case of its change, the Company will update the Account information;
  • is solely liable for the validity of the information provided to the Profile-me;
  • must notify profile-me immediately upon becoming aware of any breach of security or unauthorized use of the account and is solely responsible for keeping the password confidential and secure.

2.5. Specialist and Company shall not:

  • do anything to interfere with or impair the intended operation of the Website and the services;
  • attempt to create accounts or access or collect information in unauthorized ways;
  • can’t sell, license, or purchase any account or data obtained from us or our services (attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or profiles of the users; or request or collect our usernames, passwords, or misappropriate access tokens);
  • modify, translate, create derivative works of, or reverse engineer our Website and services or their components.

2.6. Profile-me reserves the right to restrict User’s ability to use Profile-me Website, if we have reason to believe that editing your Account is led from unethical or unfair purposes, information provided by you is misleading, inappropriate or unsuitable.

3. PAYMENTS

3.1. Profile-me uses Stripe, Inc. as the third-party service provider for payment services. By using the Service, Company agrees to be bound by Stripe Terms (collectively, the "Stripe Services Agreement"), as Stripe may modify the same from time to time and hereby consents and authorizes Stripe to share any information and payment instructions Company provides to the minimum extent required to complete your transactions. As a condition of Profile-me enabling payment processing services through Stripe, you agree to provide Profile-me with accurate and complete information about you and your business.

3.2 All Profile-me services are free for Candidates.

4. DATA SHARING WITH COMPANIES

4.1. Where Profile-me provides service to Companies, the Company and Profile-me shall act as independent controllers of the personal data shared in the service provision process. Such personal data sharing shall be governed by our Data Sharing Agreement (the “DSA”), which forms part of Profile-me Terms. Please note that by accepting these Terms, you also agree to the DSA and the conditions stipulated therein.

4.2. Where the personal data of individuals from EU and/or UK is concerned, such personal data transfer shall be additionally governed by the 2021 EU Commission Standard Contractual Clauses and/or the appended UK International Data Transfer Addendum attached to the DSA.

4.3. If you would like to learn more about why you and Profile-me are independent data controllers, please refer to our Privacy Statement on personal data transfers.

5. WEBSITE PRIVACY

5.1. We process personal data on our Website in accordance with our Privacy Policy.

5.2. Profile-me respects privacy and is committed to protecting the personal information that Specialists and Companies share with us. Hereby we will give on request an overview of the data being collected, the legal basis for the processing of personal data, how we use personal data, third parties involved in the processing of personal data, safeguards applied in order to secure data, the Profile-me's obligations in relation to the data processing and rights regarding the collected data.

5.3. Profile-me reserves the right to alter the terms of the Privacy Policy at any time by updating the Privacy Policy on the Profile-me website.

5.4. If you have any questions concerning the Privacy Policy, please get in touch with Profile-me at info@profile-me.io.

6. TERMINATION AND DELETION OF YOUR ACCOUNT

6.1. These Terms of Service shall remain in effect until terminated as set forth herein.

6.2. You have the right to delete your account at any time (no prior notification needed). Upon doing so, our legal relationship is deemed to be terminated.

6.3. We have the right to terminate the legal relationship with immediate effect by deleting your account if you (i) have provided morally inappropriate, fraudulent, misleading, or inaccurate information, (ii) are not eligible or authorized to use Profile-me service, or (iii) have materially violated any requirement stipulated in these Terms Service and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us.

6.4. After the deletion of your account (if you are a Candidate) or the Company account, all your personal data shall be deleted immediately from Profile-me’s platform.

7. INTELLECTUAL PROPERTY PROTECTION

7.1. All components and Content (unless stated otherwise) of the Website, its services, and the Website as a whole belong to profile-me. They are protected by intellectual property rights, including, but not limited to, copyright, trademarks, and trade secrets.

7.2. You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer, or otherwise exploit content or technology from the Website without profile-me’s express prior written consent.

7.3. You may submit information, texts, images, video, and audio files to the Website. In this case, you agree to provide the Profile-me with a non-exclusive, royalty-free license to publish and republish such Content on the Website and any other platform or product developed by the Company while at all times naming the author and providing links (when appropriate). You retain all non-proprietary Intellectual Property rights to the Content submitted. Profile-me may commercially distribute such content without your prior permission.

8. LIABILITY

8.1. Profile-me service and any content, services, or features made available in conjunction with or through the website are provided "as is" and "as available" without any warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties. We do not provide you with any guarantees regarding the Profile-me service and/or the website. In particular, we shall not be responsible for the following:

8.1.1. Any interruption, discontinuance, suspension, or other types of unavailability of the Profile-me service;

8.1.2. Any interruption or cessation of transmission to or from the Profile-me service;

8.1.3. Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the profile-me service;

8.1.4. Deletion of, corruption of, or failure to store any content or data;

8.1.5. The incompatibility of technologies used for accessing the Profile-me service.

8.2. Profile-me does not mediate any employment contract nor bear liability for legal relations created by Candidate and Company as a result of using Profile-me service. The terms of employment and any contractual arrangements shall be directly negotiated and agreed upon between the Candidate and the Company. To avoid doubt, Profile-me does not have control or affiliations with any Company and is not liable for any Company's behavior, responses, or actions. Profile-me does not warrant, represent, or guarantee that the information provided by any Candidate or Company is true and accurate.

8.3. Profile-me does not warrant, represent, or guarantee that a Specialist can find any job, position, or offer using the Profile-me service.

9. INDEMNIFICATION

9.1. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Profile-me from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys‟ fees) arising from:

  1. Your use of and access to the Services;
  2. Any Content you post, upload, use, distribute, store, or otherwise transmit through the Website;
  3. Your violation of these Terms;
  4. Your violation of any law, rule, or regulation, or the rights of any third party.

10. FORCE MAJEURE

10.1. In case of any circumstances of insuperable force (i.e., events of extraordinary or insuperable nature) that have occurred and remain in effect beyond the Profile-me’s and yours (“Party”) control and that a Party could neither foresee nor prevent for objective reasons if these circumstances prevent a Party from proper fulfillment of its obligations hereunder, the term for fulfillment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force.

10.2. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system, or other similar circumstances that prevent the Parties from the proper fulfillment of their obligations hereunder.

11. AMENDMENT

11.1. Profile-me may change, remove, or add the context of these Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Services from that date on.

11.2. Profile-me will notify you by posting revised terms on our website: https://profile-me.io.

11.3. You can review the most current version of the Terms using the Terms of Use link. If you continue to use the Services after the Profile-me changes the Terms, you signify your acceptance of the new and/or revised Terms.

11.4. If you do not agree with new and/or revised provisions of the Terms, you cannot use the services.

12. GOVERNING LAW AND JURISDICTION

12.1. By accessing or using the Services, you agree to be bound by these Terms in compliance with the law of the state of Delaware, USA, that apply to any relations between you and the Profile-me (“Applicable Law”).

12.2. You and the Profile-me shall endeavor to resolve through negotiations all disagreements arising between you and the Profile-me during the validity term hereof.

12.3. If the parties fail to reach an agreement on the dispute within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court under the Applicable Law.

13. INFORMATION

13.1. If you have any questions concerning the Terms, you are most welcome to email us at info@profile-me.io, and we will make an effort to reply within a reasonable timeframe.