Terms Of Service

Terms and conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between skillbyte GmbH (“skillbyte GmbH”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the gravitycv.com website and any of its products or services (collectively, “Website” or “Services”).

Accounts and membership

You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Billing and payments

For single users there is a free and a chargeable account. The account with costs can be paid monthly or annually. The paid account has a 15-day trial period during which we do not need any payment information. At the end of the test phase, the user is prompted to either enter payment information or switch to the free version when logging in. The free version contains some functional limitations. This means that these functions are no longer available if the user chooses this option after the test phase. During the test phase we reserve the right to inform the user via email when the end of the test phase is approaching (3 days).

For teams there is only the monthly, usage-based billing model. Added users will be billed at the monthly price per user. Should a user be removed, the termination date of the contract is valid until the end of the current month. If the user is added during the month (e.g. on the 15th), the monthly fee will not be charged in full, but proportionately. In the example, this is exactly half of the monthly fee. Internal (employees) and external users will be billed with the same amount in the team account.

The prices indicated on the pricing page apply: https://www.gravitycv.com/en/prices/

All prices on the Wesbeite are inclusive of the legally valid VAT of currently 19%.

For teams there is also a 15-day test phase for which the same conditions as described above apply.

At the end of the test phase and after logging in, the Team Account Owner receives a notification that the test phase has expired and has the option to enter payment information.

Here we use Stripe and Billwerk as payment providers. The user has the possibility to pay the fees by credit card or direct debit. We do not store payment-relevant information such as credit card and bank details on servers of GravityCV. Stripe and Billwerk meet all legal and regulatory requirements for legally compliant payments. The displayed relevant form fields are Stripe and Billwerk Integration and the data is encrypted and transmitted directly to Stripe.

After entering the payment data, the user receives an overview page of what he is going to pay at the end and only with the declaration of consent and the click on “book at cost” is a payment triggered in Stripe. Payment is made immediately in advance for individual users for monthly and annual use, and at the end of the monthly billing period for teams. The user receives an email with the invoice.

The user has the possibility to view past invoices in the self service portal, to change payment information and the billing period (for individual users) and to terminate the subscription. The cancellation of the subscription becomes effective at the end of the respective billing period.

When entering the payment information, the user also has the possibility to redeem discount vouchers (coupons) if published by us. Coupons are a voluntary service of GravityCV and there is no claim to duration and validity.

Data Protection

GravityCV follows the principle: “The data belongs to the user”. At no time do we pass the data on to third parties. The user has the possibility to make his CV accessible to others from within the tool. This happens with the voluntary act of the user and not initiated by GravityCV. As soon as the user deletes his account, the user’s data is also irretrievably deleted from the GravityCV database.

Public CVs of the user are accessible to everyone who owns the link to the public CV. For example, if the user inserts this link in his email signature. Every user from the Internet can call up the CV if he has knowledge of the link. In addition to the public CVs, the user can also send private, PIN-protected CVs. These private CVs have a unique key in the URL. Anyone who has this link and the pin code can call the CV. Recipients of the link are prohibited from passing it on to third parties, including the pin code, unless the sender of the link has expressly agreed to this. GravityCV does not assume any liability for such behaviour, as it is outside our sphere of influence.

The user can activate the download of the CV in Word and PDF format in his settings. Thus a link recipient can save the CV as Word or PDF download on his computer. GravityCV cannot accept any liability for the transmission of the CV as it is outside our sphere of influence.

Please also read our current data protection declarations and, if you are interested, request our procedural directory.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Backups

We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, skillbyte GmbH will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk. Some links lead to external applications like an hourly rate calculator or time recording tool. These are in-house products, which we will announce in the newsletter in time.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by skillbyte GmbH or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with skillbyte GmbH. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of skillbyte GmbH or skillbyte GmbH licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any skillbyte GmbH or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will skillbyte GmbH, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if skillbyte GmbH has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of skillbyte GmbH and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to skillbyte GmbH for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold skillbyte GmbH and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Nordrhein-Westfalen, Germany without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Germany. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Nordrhein-Westfalen, Germany, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@gravitycv.com

This document was last updated on April 02, 2020