Version [2020:1]
1 Introduction
1.1 Pitchler Global AB, corporate identity number 559068-5961, address Järnvägsgatan 4A, 352 29 Växjö, Sweden with e-mail address support@pitchler.se (“Pitchler”) supplies a digital service for [facilitating recruitment processes by enabling job seeking individuals and recruiting companies to upload videos where they introduce themselves and/or job offerings] (the “Service”). The Service is supplied and accessible via Pitchler’s website www.pitchler.com (the “Website”).
1.2 These terms of Service (“TOS”) govern your use of the Service. By ticking the box [“I accept the TOS”] using the registration of a user account for our Service, you knowingly accept the TOS and our Privacy Policy in full. Accordingly, if you disagree with these TOS or the Privacy Policy, or any part thereof, you must not tick the box, nor use our Service. You may access our Privacy Policy via this link.
1.3 By accepting these TOS, you warrant and represent that you are at least 18 years of age and that you have legal capacity, including valid authorization from your principal, to sign up for, and use, the Service.
1.4 Our website uses cookies. By using our website or agreeing to the TOS, you consent to our use of cookies in accordance with the TOS and our Privacy Policy. You may access our Privacy Policy via this link.
1.5 We kindly ask you to acknowledge and respect that the Service is – for the time being – only intended to serve the territory of Sweden, despite the Service may be retrievable from non-Swedish territories. If you are resident outside the territory of Sweden, please do not sign up for, or otherwise use, the Service.
2 Intellectual Property Rights
2.1 Our Website and the Service may include content and material that is subject to intellectual property rights protection, such as e.g. copyright and registered trademark right(s).
2.2 Subject to the express provisions of these TOS:
2.2.1 Pitchler, together with our licensors, own and control all the material, including copyright and other intellectual property rights in our Service and on the Website; and
2.2.2 all the material, including copyright and other intellectual property rights in our Services and on our Website, are reserved.
3 License to use the Service
3.1 When using the Service, and subject to the other provisions of these TOS, you may:
3.1.1 view pages from our Website in a web browser;
3.1.2 download pages from our Website for caching in a web browser;
3.1.3 print pages from our Website;
3.1.4 stream audio and video files from our Website; and
3.1.5 use our Website services by means of a web browser,
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these TOS, you must not download any material from the Service or capture or save any such material to your computer.
3.3 You may only use the Service, and features of the Service, in ways and by means that have been made available by Pitchler. This implies that you may not reverse engineer or otherwise ‘hack’ the Service. You must not circumvent or otherwise bypass, or attempt to circumvent or bypass, any access restriction measures on our Service.
3.4 If you are a representing a business, you may use the Service for business purposes. If you are not representing a business, you may only use the Service for your own, personal purposes.
3.5 Except as expressly permitted by these TOS, you must not edit or otherwise modify any material on our Services.
3.6 Unless you own or control the relevant rights in the material, you must not:
3.6.1 republish material from our Services or Website (including republication on external service);
3.6.2 sell, rent or sub-license material from our Service or Website;
3.6.3 show any material from our Service in public;
3.6.4 exploit material from our Service for a commercial purpose; or
3.6.5 redistribute material from our Services.
3.7 We reserve the right to restrict access to our Service at our sole discretion.
4 Acceptable use
4.1 You must not:
4.1.1 use the Service in any way or take any action that causes, or may cause, damage to the Service or impairment of the performance, availability or accessibility of the Service;
4.1.2 use the Service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any such purpose or activity;
4.1.3 use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
4.1.4 conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our services without our express written consent;
4.1.5 access or otherwise interact with our Service using any robot, spider or other automated means, except for the purpose of search engine indexing;
4.1.6 use data collected from our Service for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 As part the Service, you may get access to contact information to individuals and/or companies. You must not use such information, nor any other data collected from the Service to contact these individuals, companies or other persons or entities outside of the Service unless authorized to do so by the individual and/or company in question.
4.3 You must ensure that all the information you supply to us through the Service, or in relation to the Services, is true, accurate, up to date, current, complete and non-misleading. Pitchler does not warrant the accuracy and completeness of its users.
5 Registration and accounts
5.1 In order to use the Service, you will be requested to register for a user account. You do this by completing and submitting the account registration form on our Website, [and clicking on the verification link in the email that will be sent to you.]
5.2 You acknowledge that your user account and log-in details thereto, including password details, are private, confidential information. You must not allow any other person to use your account to access the service.
5.3 If you become aware of any unauthorized disclosure of your password or unauthorized use of your user account, you must notify us in writing immediately to e-mail address set out in section 1. 1.
5.4 You must not use any other person’s or company’s account to access the Service, unless you have that their consent.
5.5 If you register for an account with the Service, you will be asked to choose an email address to serve as user ID and a password. Where applicable, you will also be asked to provide corporate identity information of the Swedish company that you represent.
5.6 Pitchler reserves the right to at their sole discretion refuse any user ID that Pitchler fear would be misleading, defamatory or otherwise in conflict with business ethics or applicable laws and/or regulations.
5.7 You are responsible for any activity performed by use of your user account and on the services arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
6 Cancellation and suspension of account
6.1 Pitchler reserves the right to, at their sole discretion and without notice or explanation, suspend your user account, cancel your user account and/or edit your account details.
6.2 You may cancel your user account on our Website using your account control panel or [by sending us an e-mail to the address set out in section 1.1.]
7 Your content: license
7.1 When using the Service, you will, by means of uploading, storing, publishing or otherwise transmission, be able to make available different types of material, such as for example, yet not limited to, text, graphics, images, audio material, video material, audio-visual material, scripts, software and files (“User Content”). Any User Content shall be your responsibility and property.
7.2 With regards to User Content, you grant Pitchler a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store and publish your content on and in relation to the Service, the Website and any successor services and/or websites, without any obligation to refer to you as the creator to such User Content. This implies that you hereby waive all your moral rights in your User Content to the maximum extent permitted by applicable law. You also warrant and represent that all other moral rights claims to your User Content have been waived to the maximum extent permitted by applicable law.
7.3 You also grant Pitchler the right to sub-license the rights set out in Section 7.2.
7.4 You grant to us the right, but not an obligation, to bring an action for infringement of the rights licensed under Section 7.2.
7.5 You may edit your User Content to the extent permitted using the editing functionality made available on the Service.
7.6 Without prejudice to our other rights under these TOS, if you breach any provision of TOS in any way, or if we reasonably suspect that you have breached TOS in any way, we may delete, unpublish or edit any or all of your User Content and user account.
7.7 You grant to us the right to perform analysis of your User Content and generate and store metadata of the User Content. You grant to us the right to process, update and edit the User Content where required. The foregoing may include the use of third party tools, including those hosted externally to the Pitchler Global AB Service.
7.8 You grant Pitchler the right to fetch and store data from selected social media accounts.
7.9 You grant Pitchler the right to send or show your User Content to other users of the Service, or where you opt to publicly share your profile, to non-users of the Service.
8 Your content: rules
8.1 You warrant and represent that your User Content will comply with these TOS.
8.2 You warrant and represent that your User Content is not illegal or unlawful, that it does not infringe any person’s legal rights, and that it is not capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 Your User Content, and Pitchler’s use of your User Content in accordance with these TOS, must not:
8.3.1 be libellous or maliciously false;
8.3.2 be obscene or indecent;
8.3.3 infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
8.3.4 infringe any right of confidence, right of privacy or right under data protection legislation;
8.3.5 constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
8.3.6 be in breach of any contractual obligation owed to any person;
8.3.7 depict violence in an explicit, graphic or gratuitous manner;
8.3.8 be pornographic, lewd, suggestive or sexually explicit;
8.3.9 be untrue, false, inaccurate or misleading;
8.3.10 constitute spam;
8.3.11 be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
9 Limited warranties
9.1 You understand and agree that the Service is supplied to you “as is” and “as available” without express or implied warranty of any kind.
9.2 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the Service.
9.3 Pitchler does not warrant or represent the completeness, security, service level or accuracy of the Service or any of the information or User Content published on the Service or the Website, that the material on the Service and Website is up to date, that the Service or Website will remain available, or the results or effects from using the Service or Website.
9.4 We reserve the right to discontinue or alter the Service and Website and to stop publishing our website, at any time in our sole discretion without notice or explanation. Save to the extent expressly provided otherwise in these TOS, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Service or Website.
10 Limitations and exclusions of liability
10.1 Except for cases of intent or gross negligence, Pitchler is not liable for indirect damages such as, but not limited to, loss of profit, diminished production, loss of business turnover, inability to fulfil obligations to third parties, any action taken by third party rights holders in connection with their copyrights or other intellectual property rights, or loss of benefit from use of the Service or any loss of data, including personal data.
10.2 Notwithstanding the above, Pitchler’s liability for direct damages shall in any event be restricted to direct damage that can be considered as typical and foreseeable.
10.3 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity (In Sw: Aktiebolag) and you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Service or these TOS.
10.4 Except as otherwise stated in these TOS, you agree to indemnify and hold Pitchler harmless against any and all costs, damages, losses, and/or liability suffered by Pitchler (including reasonable legal fees and attorney costs) resulting from your breach of these TOS, the Privacy Policy or otherwise from your violation of any law or the rights (including intellectual property rights) of a third party.
11 Breaches of these TOS
11.1 Without prejudice to our other rights under these TOS, if you breach these TOS in any way, or if Pitchler reasonably suspect that you have breached these TOS in any way, we may send you one or more formal warnings, temporarily suspend your access to our services, permanently prohibit you from accessing the Service, block computers using your IP address from accessing the Service or suspend or delete your user account to the Service.
11.1.1 Where we suspend, or prohibit or block your access to our services or a part of our services, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation, creating and/or using a different account.
11.2 Nothing set out in these terms may prohibit or otherwise limit Pitchler’s legal right to commence legal action against you, whether for breach of contract or otherwise.
12 Modification of the TOS
12.1 We may revise these TOS from time to time.
12.2 Should we choose to in any way alter these TOS, we will give you written notice thereof by written e-mail to your e-mail address and posting the changed TOS as a pop up when you log on to the Service or visits the Website. The revised TOS will apply to the use of the Service starting from the date that we give you such notice. If you would not agree to the revised TOS, you must stop using the Service.
12.3 If you have given your express consent to these TOS, we will ask for your express consent to any revision of these TOS as well; and if you do not provide us with such consent, within such period as we may specify, we will disable or delete your user account to the Service, and you must stop using the Service.
13 Assignment
13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these TOS.
13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these TOS.
13.3 If the ownership of Pitchler’s business changes, Pitchler reserves the right to transfer and assign these TOS and any information, rights and obligations, including your user account and your User Content, that arise from these TOS to another legal entity. This includes any assignment to a company within Pitchler’s group of companies, including an owner of, or subsidiary to, Pitchler or to a company that is not owned by, or otherwise affiliated with Pitchler. Any new legal entity will still have to honor the commitments Pitchler have made in these TOS.
14 Severability
14.1 If a provision of these TOS is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.2 If any unlawful and/or unenforceable provision of these TOS would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15 Third party rights
15.1 A contract under these TOS is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
15.2 The exercise of the parties’ rights under a contract under these TOS is not subject to the consent of any third party.
16 Payment
16.1 From time to time, Pitchler may offer you services that are subject to fees. If you purchase any such service from Pitchler, you agree to pay us the applicable fees and taxes as they are communicated by Pitchler on their Website, throughout the subscription period or, if applicable, until you terminate your subscription, subject to applicable notice period. Failure to pay these fees may result in the termination of your user account.
16.2 Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
16.3 You authorize Pitchler to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in the Service (e.g. subscriptions) and to facilitate easy payment for new services.
16.4 Taxes are calculated based on the billing information that you provide us at the time of purchase.
16.5 Pitchler reserves the right to charge interest on late payments in accordance with the Swedish Interest Act (Swe: Räntelagen) and to charge fees for administering invoices and payment reminders due to late payments.
17 Law and jurisdiction
17.1 These terms and conditions shall be governed by and construed in accordance with laws of Sweden, excluding the law (1987:899) of international purchases (the UN Convention on Contracts for the International Sale of Goods; CISG) and excluding the principles of conflict of laws (international private law).
17.2 Any dispute, controversy or claim arising out of or in connection with these TOS, or the breach, termination or invalidity thereof, shall be finally settled by the Swedish courts, with the District Court of Växjö as the first instance, unless otherwise provided by mandatory law.
