Terms of service - CVADAPT - Free Online Resume builder to get hired in 2024

Terms of Service

Effective Date: January 11, 2024

**Agreement to these Terms of Use ("Terms") constitutes a legally binding agreement between you, whether as an individual or on behalf of an entity ("you"), and Corzosoft Inc. and its subsidiaries and affiliates (collectively, "Company," "we," "us," or "our"), regarding your access to and utilization of the cvadapt.com platform, as well as any other associated websites, media channels, mobile sites, or mobile applications linked to or otherwise related to it (collectively, the "Platform").

As we operate globally, different legal frameworks may apply based on the user's location. These Terms are intended to be applicable to all users, to the extent legally enforceable within their respective jurisdictions. Please note that if you are a resident of the European Union, specific additional or alternative terms may apply to you - refer to the EU Residents – Supplemental Terms of Use. Similarly, if you are a resident of the United States, specific additional or alternative terms may apply to you - see the US Residents – Supplemental Terms of Use.

By accessing the Platform, you affirm that you have read, comprehended, and consent to adhere to all of these Terms, including any supplementary terms pertinent to your location. IF YOU DISAGREE WITH ANY OF THESE TERMS (INCLUDING ANY SUPPLEMENTAL TERMS), YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND SHOULD IMMEDIATELY DISCONTINUE YOUR USAGE.

Supplementary terms and additional documents posted on the Platform from time to time are explicitly incorporated by reference into these Terms. We retain the exclusive right, at our sole discretion, to modify or amend these Terms at any time and for any reason. Notification of any changes will be made by revising the "Last Updated" date of these Terms, and you forfeit the right to receive specific notifications for each alteration. It is your responsibility to periodically review these Terms to remain informed about any updates. Your continued use of the Platform after the posting of revised Terms will be deemed as acceptance of those revisions.

The Platform is intended for users aged 18 and above.

NOTE: THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT MAY AFFECT YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO ANY AND ALL DISPUTES YOU MAY HAVE WITH THE COMPANY.

Intellectual Property Rights

Unless expressly stated otherwise, the Platform is our exclusive property. All source code, databases, functionalities, software, website designs, audio, video, text, images, and graphics on the Platform (collectively referred to as the "Content"), as well as the trademarks, service marks, and logos within (the "Marks"), are either our property or licensed to us. They are protected by copyright, trademark, and various other intellectual property rights and unfair competition laws in the United States, the European Union, other foreign jurisdictions, and international agreements. The Content and Marks are made available on the Platform "AS IS" for your personal use and information solely. No part of the Platform, Content, or Marks may be used for any commercial purpose without our explicit prior written consent.

Subject to your eligibility to use the Platform, we grant you a limited license to access and use the Platform. You may also download or print a copy of specific Content for your personal, non-commercial use. All rights not expressly granted in these Terms concerning the Platform, Content, and Marks are reserved.

User Representations

By employing the Platform, you confirm and guarantee that:

All registration and submitted information, whether during registration or otherwise, will be accurate, truthful, up-to-date, and complete.
You will maintain the accuracy of such information and promptly update it when necessary.
You possess the legal capacity and agree to comply with these Terms.
You are at least 18 years of age.
You are not considered a minor in your jurisdiction.
You will not access the Platform through automated or non-human means, such as bots or scripts.
You will not employ the Platform for illegal or unauthorized purposes.
Your use of the Platform will not infringe upon any applicable law or regulation.

Any provision of untrue, inaccurate, outdated, or incomplete information grants us the right to suspend or terminate your account and deny current or future Platform access.

The information available on the Platform is not intended for distribution or use in any jurisdiction or country where such distribution or use violates the law or subjects us to registration requirements. Consequently, individuals who opt to access the Platform from other locations do so voluntarily and bear sole responsibility for complying with relevant local laws, if applicable.

User Registration

Registration with the Platform or one of its component sites may be required. You agree to keep your password confidential and take responsibility for all account and password usage. We reserve the right to remove, reclaim, or alter any inappropriate, obscene, or objectionable usernames you select, at our sole discretion.

Fees and Payment

We accept various payment methods, including debit/credit cards and third-party providers like PayPal, with additional options available in specific locations. Certain services may necessitate a fee for access. You consent to providing current, complete, and accurate purchase and account details for all transactions made through the Platform. You also agree to promptly update account and payment information, including email address, payment method, and payment card expiration date. We bill you through an online billing service for Platform purchases. Applicable taxes, such as sales or use taxes, will be added to purchase prices where required by law, and the total cost, including taxes, will be displayed during checkout. Price adjustments may be made at our discretion, with prior payment requests remaining subject to correction. We reserve the right to decline orders placed through the Platform.

Cancellation, Refunds, and Guarantees

For users who have subscribed to our services, you have the option to cancel your subscription at any time through your account or by contacting us. Cancellation will take effect at the conclusion of the current paid term, with no refunds for subscription services.

Generally, our professional resume-writing services, except where expressly stated otherwise, are non-refundable once purchased. Certain services may offer specific guarantees – please consult package descriptions for details. If you are dissatisfied with any of our services, kindly contact the respective support team or email support@cvadapt.com for assistance.

Prohibited Activities

The Platform must only be used for its intended purpose as provided by us. It may not be employed for commercial purposes, except with our explicit endorsement or approval.

As a Platform user, you are prohibited from:

Sharing login credentials among multiple users.
Selling or transferring your profile.
Using buying or purchasing agents.
Advertising or offering to sell goods or services.
Using the Platform for competitive purposes against us or for revenue generation or commercial enterprise.
Impersonating other users.
Attempting to deceive, defraud, or mislead us or fellow users.
Accessing the Platform via automated or non-human methods, such as bots or scripts.
Using the Platform for illegal or unauthorized activities.
Violating applicable laws or regulations through Platform use.
Deleting copyright or proprietary rights notices from Content.
Bypassing, disabling, or interfering with Platform security features, including those restricting Content use, enforcing Platform limitations, or preventing or limiting access to specific Platform areas.
Copying, adapting, decompiling, disassembling, or reverse-engineering any Platform software.
Employing any automated system, such as spiders or robots, or using data mining, robots, or similar data gathering tools, to interact with the Platform.
Collecting user data, including usernames or email addresses, without prior written consent.
Interfering with or disrupting the Platform or its associated networks or services.
Uploading or transmitting viruses, Trojan horses, or other harmful materials.
Engaging in spamming or continuous posting of repetitive text (spam).
Circumventing security-related Platform features.
Using the Platform in a way that violates applicable laws and regulations.

User-Generated Contributions

As part of our platform, we provide various opportunities for users to engage and contribute. These contributions can take the form of chats, blogs, message boards, online forums, and more. You have the chance to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on our platform, such as text, writings, resumes, videos, audio, photographs, graphics, comments, suggestions, or other material (collectively referred to as "Contributions"). Please note that these Contributions may be visible to other users on our platform and may also be accessible through third-party websites if you choose to share them on specific parts of our platform, such as user reviews. Therefore, any Contributions you make should be considered non-confidential and non-proprietary.

When you submit or create Contributions, you represent and warrant that:

Your Contributions do not violate the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, of any third party.
You are the creator and rightful owner of the Contributions or have obtained all necessary licenses, rights, consents, releases, and permissions to use and authorize us, the platform, and other platform users to utilize your Contributions as intended.
You have obtained written consent, release, and/or permission from all identifiable individuals featured in your Contributions, allowing the use of their names or likenesses as per our platform and these Terms.
Your Contributions are accurate and truthful, without any false, misleading, or inaccurate information.
Your Contributions do not constitute unsolicited or unauthorized advertisements, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
Your Contributions do not engage in any form of harassment, ridicule, mocking, disparagement, intimidation, or abuse towards any individual or group.
Your Contributions do not advocate for the violent overthrow of any government or incite, encourage, or threaten physical harm against any person.
Your Contributions comply with all applicable laws, regulations, and rules.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain material that solicits personal information from individuals under the age of 18 or exploits minors in any sexual or violent manner.
Your Contributions do not infringe upon national, federal, or state laws concerning child pornography or the well-being of minors.
Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical or mental disability.
Your Contributions do not link to material that violates any provision of these Terms or any applicable law or regulation. Any use of the platform in violation of these guidelines constitutes a breach of these Terms and may result in consequences, including but not limited to the suspension or termination of your platform access.

Contribution License

By submitting or posting your Contributions on our platform or making them accessible through our platform, you automatically grant us an unrestricted, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, display, and create derivative works from your Contributions. This license is granted for the purpose of delivering our services, refining our services and the platform, developing new services, and ensuring the proper functioning of the platform. You also grant us the authority to sublicense this license. You waive any moral rights associated with your Contributions, and you warrant that moral rights have not been asserted in your Contributions.

We do not claim ownership over your Contributions. You retain full ownership of your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not responsible for any statements or representations within your Contributions, and you agree not to hold us liable or take legal action against us regarding your Contributions.

We reserve the right, at our sole discretion, to edit, redact, or otherwise modify any Contributions, re-categorize them to more suitable sections of the platform, or pre-screen or delete Contributions without prior notice. We are not obligated to actively monitor Contributions.

Submissions

Any questions, comments, suggestions, ideas, or feedback provided by you to us regarding the platform ("Submissions") are considered non-confidential and become our sole property. We acquire exclusive rights, including intellectual property rights, and have the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights associated with these Submissions and warrant that they are original or that you have the right to submit them. You agree not to pursue any recourse against us for alleged or actual infringement or misappropriation of proprietary rights in your Submissions.

Social Media

Our platform offers functionality that allows you to link your account with third-party service providers through your online accounts (referred to as "Third-Party Accounts"). You represent and warrant that you have the right to disclose your Third-Party Account login information to us or grant us access to your Third-Party Account as permitted under the relevant terms and conditions governing your use of each Third-Party Account. By granting us access to your Third-Party Accounts, you understand that:

We may access, make available, and store any content you have provided and stored in your Third-Party Account (referred to as "Social Network Content") on our platform via your account, including, but not limited to, friend lists.
We may submit and receive additional information from your Third-Party Account as allowed when linking your account with the Third-Party Account. Please note that the availability of Social Network Content on our platform depends on the Third-Party Account's status and our access to it. You can deactivate the connection between your platform account and Third-Party Accounts at any time. Keep in mind that your relationship with Third-Party Service Providers associated with your Third-Party Accounts is governed solely by your agreements with them. We do not review Social Network Content for accuracy, legality, or non-infringement, and we are not responsible for it.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for the purpose of identifying and informing you of contacts who have also registered to use our platform. You can deactivate this connection through your account settings or by contacting us.

Third-Party Websites and Content

Within our platform, you may encounter links to external websites ("Third-Party Websites") and access content, such as articles, photographs, text, graphics, designs, music, sound, video, applications, software, and more, that belongs to or originates from third parties ("Third-Party Content"). Please note that we do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of these Third-Party Websites or Third-Party Content. We assume no responsibility for any Third-Party Websites accessed through our platform or any Third-Party Content posted on, available through, or installed from our platform. This includes but is not limited to the content, accuracy, offensiveness, opinions, reliability, privacy practices, or any other policies related to Third-Party Websites or Third-Party Content.

The inclusion of links to Third-Party Websites or the availability of Third-Party Content on our platform does not imply our approval or endorsement of them. If you decide to leave our platform and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk. It's important to note that our Terms will no longer apply in such cases. We strongly recommend reviewing the relevant terms and policies, including privacy and data practices, of any website you visit from our platform or any applications you use/install from our platform.

Any purchases made through Third-Party Websites will be conducted on those websites and involve other companies. We accept no responsibility for such purchases, as they are solely between you and the respective third party. By using our platform, you agree and acknowledge that we do not endorse products or services offered on Third-Party Websites, and you release us from any liability arising from your purchases of such products or services. Additionally, you agree to hold us harmless for any losses or harm resulting from Third-Party Content or any interactions with Third-Party Websites.

Platform Management

We maintain the right, though not the obligation, to:

Monitor the platform for violations of our Terms.
Take appropriate legal action, at our sole discretion, against users who violate the law or our Terms. This may include reporting such users to law enforcement authorities.
Refuse, limit access to, restrict the availability of, or disable any of your Contributions, as determined at our sole discretion.
Remove from the platform or otherwise disable files and content that are excessively large or burdensome to our systems, as determined at our sole discretion.
Manage the platform to safeguard our rights and property and ensure its proper functioning.

Privacy Policy

We prioritize data privacy and security. Please review our Privacy Policy to understand the information we collect, how we use and share it, and how we protect it. Additionally, we will maintain certain data that you transmit to the platform to manage its performance and data related to your platform usage. While we perform regular backups of data, you are responsible for all data you transmit and any data associated with your platform activity. You agree that we are not liable for any loss or corruption of such data, and you waive any right to take legal action against us in such cases.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on our platform infringes upon your copyright, please immediately notify us using the contact information provided below (a "Notification").

Term and Termination

These Terms of Use will be in effect for as long as you use our Platform. We retain the sole discretion and the right, without notice or liability, to deny access and use of the Platform, including blocking specific IP addresses, to any individual, for any reason. This includes but is not limited to instances where there is a breach of any representation, warranty, covenant as outlined in these Terms of Use or any applicable law or regulation. We also reserve the right to terminate your use or participation in the Platform or delete your account, along with any content or information you have posted, at any time and without prior warning, at our sole discretion.

If your account is terminated or suspended for any reason, you are prohibited from creating a new account using your own name, a fictitious name, or a third party's name, even if you are acting on behalf of that third party. Furthermore, in addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, including but not limited to civil, criminal, and injunctive remedies.

Modifications and Interruptions

We hold the right to change, modify, or remove any content from the Platform at our sole discretion, without prior notice. We are under no obligation to update any information on the Platform. Additionally, we may alter or discontinue the entire Platform or parts of it without notice at any time. You agree that we will not be held liable for any modification, price change, suspension, or discontinuance of the Platform.

We cannot guarantee that the Platform will be available at all times. There may be hardware, software, or other technical issues, or we may need to perform maintenance that could lead to interruptions, delays, or errors. We retain the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason, without prior notice. You acknowledge and agree that we will not be liable for any loss, damage, or inconvenience resulting from your inability to access or use the Platform during any downtime or discontinuance of the Platform. These Terms do not require us to maintain or support the Platform or provide any corrections, updates, or releases in connection with it.

Governing Law

Unless your jurisdiction's laws mandate the application of different laws, these Terms and your use of the Platform are governed by and interpreted according to the laws of the United States of America and the State of Delaware, USA. Venue for any disputes arising from these Terms is exclusively in Kent County, Delaware.

Dispute Resolution

If you are an EEA resident, please refer to the EU Residents - Supplemental Terms of Use for specific information.

For all other users, this section is important and affects your rights. By entering into these Terms, you and we both agree to waive the right to a trial by jury and to participate in class action lawsuits. Any claims between you and us must be brought in your or our individual capacity and not as part of a class or representative action. Arbitration will be conducted on an individual basis, and class arbitrations or class actions are not allowed.

Governing Law

All claims, disputes, or legal proceedings between you and us related to these Terms or your use of the Platform will be governed by the laws of the United States of America and the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are explicitly excluded. The parties acknowledge that their arrangement under these Terms involves interstate commerce, and the Federal Arbitration Act applies to the "Agreement to Binding Arbitration" provision below. Any claims or disputes not subject to the "Agreement to Binding Arbitration" provision below will be brought and litigated exclusively in the state courts in Kent County, Delaware, or the federal courts in the District of Delaware, as applicable, and you consent to the personal jurisdiction of these courts for such claims or disputes.

Informal Negotiations

To expedite resolution and control the cost of any dispute related to these Terms, the Parties agree to attempt informal negotiations for at least thirty (30) days before initiating arbitration. Such negotiations begin upon written notice from one Party to the other Party. You can provide notice to us using the contact information provided in the "CONTACT US" section below.

Agreement to Binding Arbitration

Subject to the Exceptions to Arbitration outlined below, you and we both agree that any disputes between Platform users arising from or related to these Terms and their use of the Platform must be resolved through binding arbitration as detailed in this section. In the event that an arbitrator or court determines that any part of this arbitration agreement is unenforceable, the remaining parts of this Agreement to Arbitrate will still apply.

Exceptions to Arbitration

This Agreement to Arbitrate will not apply to the following:

(a) Small claims court cases. (b) Legal proceedings seeking user identifying information. (c) Legal proceedings initiated by the Company against companies or individuals acting on their behalf. (d) Legal proceedings brought against the Company by companies or individuals acting on their behalf. (e) The right of either party to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the infringement of copyrights, trademarks, trade secrets, patents, or other intellectual property rights. (f) Cases where the application of this provision is prohibited by applicable law.

If, for any reason, the prohibition on class arbitrations set forth in this "DISPUTE RESOLUTION" section cannot be enforced, then this entire Agreement to Arbitrate will not apply. In such cases, the remainder of this Agreement and the Dispute Resolution section will continue to apply.

Arbitration Procedure

The arbitration will follow the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as adjusted in this section, and will be administered by the AAA. You can find the AAA's rules and the initiation form for the proceeding at www.adr.org. Unless otherwise required by the applicable arbitration rules when the arbitration begins, it will be held in Dover, Delaware. For claims seeking awards of $10,000 or less, both you and we may choose to have the arbitration conducted by phone or based solely on written submissions, as long as the arbitrator agrees. In cases requiring in-person hearings, you or we may participate by phone unless the arbitrator determines otherwise. The arbitrator will make decisions in line with applicable law, including equitable principles, and will respect privileges recognized by law. The arbitrator is not bound by previous arbitration rulings involving different users but is bound by previous arbitration rulings involving the same Platform user as required by applicable law. The arbitrator's award will be final and binding, and judgment on the award may be entered in any court with jurisdiction. Claims must be initiated within one (1) year of the events giving rise to the claim.

Corrections

There may be unintentional typographical errors, inaccuracies, or omissions in the information presented on the Platform, including descriptions, pricing, availability, and other details. We have the right to correct these errors, inaccuracies, or omissions and to modify or update the Platform's information at any time without prior notice.

Disclaimer

To the fullest extent permitted by law, the Platform is provided on an "as-is" and "as-available" basis, meaning that we make no guarantees regarding the operation of the Platform. Your use of the Platform and our services is at your sole risk. We disclaim all warranties, whether express or implied, related to the Platform and your use of it. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not make any warranties or representations about the accuracy or completeness of the Platform's content or the content of any linked websites. We assume no liability for:

Errors, mistakes, or inaccuracies of content and materials.
Personal injury or property damage resulting from your access to and use of the Platform.
Unauthorized access to or use of our secure servers, personal information, or financial information.
Interruption or cessation of any transmission to or from the Platform.
Viruses, Trojan horses, or other malicious software transmitted to or through the Platform by third parties.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Platform, linked websites, or any banners or other advertising. We are not responsible for monitoring transactions between you and third-party providers of products or services. When purchasing a product or service through any medium or environment, exercise caution and use your best judgment.

Limitation of Liability

To the fullest extent permitted by law, neither we nor our directors, officers, employees, or agents will be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages. This includes lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform, even if we have been advised of the possibility of such damages. Regardless of the form of the action, our liability to you for any cause will be limited to the amount paid, if any, by you to us during the three (3) month period prior to the occurrence of any claim. Certain state or national laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and respective officers, employees, and agents, from any loss, damage, liability, claim, or demand. This includes reasonable attorneys' fees and expenses made by any third party arising from:

Your Contributions or Submissions.
Your use of the Platform.
Your breach of these Terms.
Any breach of your representations and warranties in these Terms.
Your violation of third-party rights, including intellectual property rights.
Any harmful act you commit toward other users of the Platform with whom you connect via the Platform.

Unless prohibited by applicable law, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding that falls under this indemnification.

Electronic Communications, Transactions, and Signatures

Your use of the Platform, including visiting the Platform, sending us emails, and completing online forms, constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or on the Platform, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by us or via the Platform. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, non-electronic records, or payments or credits by non-electronic means.

Miscellaneous

These Terms, along with any policies or operating rules posted on the Platform, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms does not waive that right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us due to these Terms or your use of the Platform. You agree that these Terms will not be construed against us merely because we drafted them. You hereby waive any and all defenses based on the electronic form of these Terms and the absence of signing by the parties to execute these Terms.

Contact Us

To address any complaints about the Platform or receive further information about its use, please contact us at support@cvadapt.com

EU RESIDENTS – SUPPLEMENTAL TERMS OF USE

We provide our Platform and services within the European Union (EU). These supplemental terms of use apply to you if you are a resident of the European Union ("EU Supplemental Terms"). If you reside in the European Union, both the general Terms of Use and these EU Supplemental Terms are applicable. In case of any conflict between the Terms of Use and these EU Supplemental Terms, and these EU Supplemental Terms apply to you, the EU Supplemental Terms will prevail.

Unless otherwise defined, the terms used in these EU Supplemental Terms have the same meanings as those in the Terms of Use. Prior to creating your account, the text of these Terms of Use will be made available to you electronically via the Platform, in a way that allows you to easily store it on a durable data carrier.

We reserve the right to make changes or modifications to the Terms of Use or these EU Supplemental Terms at our sole discretion. We will inform you about any changes before their effective date. By continuing to use the Platform after the effective date of the changes, you will be deemed to have been made aware of and to have accepted the changes in any revised Terms or EU Supplemental Terms.

Intellectual Property Rights

"IIntellectual Property Rights" refer to all present and future intellectual property rights worldwide concerning the Platform, owned by us and/or our licensors, now or in the future. This includes copyrights, database rights, trademark rights, design rights, trade name rights, domain name rights, patent rights, trade secret rights, as well as similar rights under unwritten law, such as rights regarding slavish imitation. You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform, solely for the purpose of executing your account. You may also download or print a copy of any portion of the Content, to which you have proper access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Platform, the Content, and the Marks. This license is valid for the duration of your account, and you accept this license. We may terminate this license unilaterally, early, and with immediate effect, without any compensation.

You indemnify us against any loss resulting from any infringement of Intellectual Property Rights by you concerning the Platform. You will compensate us for all costs and losses, including legal costs, arising from a violation of Intellectual Property Rights. You will take measures at your own expense to limit the costs and losses we incur.

Fees and Payment

If we determine that any taxes, such as sales taxes, or other charges apply to our fees, these taxes and/or fees will be included in the purchase price on the Platform during the ordering process. If your purchase involves recurring charges, you can provide us with the right to charge you through direct debit. In this case, we will charge your payment on a recurring basis without requiring your prior approval before each recurring charge, until you notify us of your cancellation.

Right of Withdrawal

As a consumer residing in the EU, you have the right to withdraw from an agreement for the purchase of digital content within 14 days from the delivery date, without providing a reason for the withdrawal. This right does not apply if you expressly request to receive the digital content within the withdrawal period and expressly waive the right of withdrawal.

For a 7-day trial subscription, a money-back guarantee applies during the trial period. Within 14 days of declaring your intent to invoke this guarantee, the amount already paid by you will be refunded.

Liability

We are not liable for:

a) Misunderstandings, errors, or failures related to the Platform's performance if these result from your actions, such as providing incomplete, inaccurate, or unclear data (or failing to do so on time). b) Errors or failures by third parties engaged by or on your behalf. c) Information that third parties have placed on the Platform.

Our liability is limited to direct damages or loss attributable to us. We are not liable for any other (financial) damages or losses, including indirect damages or losses, consequential damages or losses, loss of profit, damage or loss caused by stolen, inaccessible, mutilated, destroyed or lost (personal) data or materials, lost savings, loss due to business interruption, or damage or loss due to a security breach or cybercrime, except in cases of gross negligence or willful misconduct. In such cases, our total liability for damages or loss arising from our services and/or the Platform, or otherwise arising from or related to these Terms, will be limited to the fees paid to us by you.

Force Majeure

In cases of force majeure, we are not obligated to fulfill our obligations, including any statutory and/or agreed guarantee obligations. We are also not liable for any damages suffered by you due to a force majeure situation. Force majeure on our part includes, but is not limited to:

a) Suppliers on whom we depend not fulfilling their obligations. b) Defective goods, equipment, software, or materials from third parties. c) Epidemics and pandemics. d) Network disruptions beyond our control, such as cyber-attacks, hardware or software problems, or other external causes. e) Maintenance on the Platform resulting in interruptions, delays, or errors. f) Government measures, including financial regulation and legislation. g) Strikes, forced business closures, riots, or any other disruption caused by third parties that hinders us. h) Illness of one or more employees who are difficult to replace. i) Power failures, internet failures, data network or telecommunications facility failures. j) Any other causes beyond our reasonable control.

Dispute Resolution

All claims, disputes, or other legal proceedings between you and us will be governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded by the Terms of Use and these EU Supplemental Terms.

Unless you opt for court settlement within one month after a written dispute notice, each claim, dispute, or legal proceeding shall be brought exclusively to the courts of the Netherlands, located in Amsterdam.

Complaints

To resolve any complaints about the Platform, please contact us at support@cvadapt.com within a reasonable period of time after detecting or reasonably discovering a problem. We will respond within a reasonable time frame.

US RESIDENTS – SUPPLEMENTAL TERMS OF USE

Last Updated: January 11, 2024

These supplemental terms of use apply to you if you are a resident of the United States ("US Supplemental Terms"). Therefore, if you reside in the United States, both the Terms of Use and these US Supplemental Terms are applicable. In case of any conflict between the Terms of Use and these US Supplemental Terms, and these US Supplemental Terms apply to you, the US Supplemental Terms will prevail.

Copyright Infringement

If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the Notification must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed.
Identification of the material on the Platform that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material.
Your contact information including your name, mailing address, telephone number, and, if available, email address.
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate.
A statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

If you do not comply with these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Platform infringe a copyright, you may be held liable for damages, including costs and attorney's fees under Section 512(f) of the DMCA. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.

U.S. Government Rights

Our services are considered "commercial items" as defined in Federal Acquisition Regulation ("FAR"), 48 C.F.R. § 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense ("DOD"), our services are subject to the terms of these Terms in accordance with 48 C.F.R. § 12.212 (for computer software) and 48 C.F.R. § 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense ("DOD"), our services are subject to these Terms in accordance with Defense Federal Acquisition Regulation ("DFARS"), 48 C.F.R. § 227.7202-3. In addition, 48 C.F.R. § 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause replaces and supersedes any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms.