TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ("Terms and Conditions") are made by EXPLORE & BEYOND INC., located at 19904 Dover, DE, 1111B S Governors Ave STE #6655, United States of America, on behalf of explore & beyond s.r.o., having its registered office at Rybná 716/24, Staré Město, 110 00 Prague 1, ID No. 09525602, registered in the Commercial Register maintained by the Municipal Court in Prague under No. C 337604 (hereinafter referred to as the "Company").
1. INTRODUCTORY PROVISIONS
1. 1 These Terms and Conditions regulate the rights and obligations of Users in relation to the talentpilot.com platform, i.e. the electronic online system created and owned by the Company, operated on the website at www.talentpilot.com ("Website"), through which the Company provides Services to Users ("Platform"), as well as other related legal relations.
1. 2 For the purposes of these Terms and Conditions, User means:
1. 2. 1 A legal entity or an individual entrepreneur who wishes to use the Services for the Organization ("Organization"); and
1. 2. 2 a natural person who is interested in using the Services for an Individual ("Individual", together with the Organization also referred to as "User").
1. 3The User's acceptance of these Terms and Conditions (or the conclusion of the Framework Agreement between the Organization and the Company pursuant to Article 4.4.1 of these Terms and Conditions) shall, in accordance with Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), result in the conclusion of a contract between the User and the Company in connection with the use of the Platform (the "Contract").
1. 4By using the Platform, the Website and/or concluding the Contract, the User agrees to these Terms and Conditions.
2. PLATFORM
2. 1 The Company is the operator of the Platform through which Users may use the Services, in particular then behavioural and cognitive analysis of Individuals to assess the potential, preferences, ambitions and motivations of Individuals, their personality traits and work or value preferences and the subsequent development of this soft skills potential and to assess the application of these aspects in the work environment and the possible interaction of these personality traits and work or value preferences in the context of the Organization's team ("Team").
2. 2 An individual using the Platform may be:
2. 2. 1.A person who, without the Organization's involvement, is interested in registering on the Platform to use the Services ("Talent");
2. 2. 2. a potential Team member selected by the Organisation to be analysed by the Organisation to determine their suitability for inclusion in the Team ("Candidate"); and/or
2. 2. 3. A Collaborator (including the Team Leader) selected by the Organization that the Organization wishes to analyze to determine his or her strengths, areas for improvement, and recommendations for further work with such Collaborator ("Collaborator").
3. REGISTRATION OF AN INDIVIDUAL
3. 1 An Individual may register on the Platform by creating a profile on the Platform for the purpose of using the Individual Services ("Profile").
3. 1. 1. Under the Agreement, the Company provides the Individual with services consisting of, but not limited to, (i) access to behavioural and cognitive questionnaires for the purpose of analysing the Individual and (ii) other services described on the Website or in these Terms and Conditions ("Individual Services"). The Individual Services are divided into basic Services (which are free of charge) and premium Services (which are chargeable as described in Section 6.5).
3. 2 The Individual shall provide the Company with all necessary assistance for the proper provision of the Services.
3. 3 A visitor to the Website who has not yet entered into a Contract with the Company ("Visitor") shall register on the Platform themselves, via the registration form, or may contact the Company to register on the Platform via the contact form as follows:
3. 3. 1 Talent Registration. A Visitor registers as a Talent on the Platform if he/she has sought out the Platform to use the Talent Services offered. By completing the registration on the Platform, a Profile is created and a contract pursuant to Section 1724 of the Civil Code is concluded between the Talent and the Company. By completing the registration, the Talent agrees to these Terms and Conditions. The Talent can then proceed to fill in the online questionnaire.
3. 3. 2 Candidate registration. The Candidate will register on the Platform via a hyperlink that will be sent by the Organization or the Company to the Candidate's designated email. Completion of the registration on the Platform will result in the creation of a Profile and the conclusion of a contract pursuant to Section 1724 of the Civil Code between the Candidate and the Company. By completing the registration, the Candidate agrees to these Terms and Conditions. The Candidate can then proceed to fill in the online questionnaire.
3. 3. 3 Associate Registration. The Collaborator (i) either already has a Profile and may be invited by the Organization or the Company to add additional functionality to his/her Profile, or (ii) registers on the Platform via a hyperlink that will be sent by the Organization or the Company to the Collaborator's email address used by the Collaborator in the course of his/her employment (or other similar) relationship with the Organization. Completion of the registration on the Platform will result in the creation of a Profile and the conclusion of a contract pursuant to Section 1724 of the Civil Code between the Collaborator and the Company. By completing the registration, the Collaborator agrees to these Terms and Conditions. The Collaborator can then proceed to fill in the online questionnaire.
3. 4 The Company is entitled to provide the personal data provided by the Candidate on the Platform, including the results of the Candidate's questionnaires, to the Organizations conducting the selection procedure with the Candidate, based on the Candidate's prior consent.
3. 5 In the event that a job candidate (including, but not limited to, the Candidate) establishes an employment (or other similar) relationship with an Organization, he/she becomes a Collaborator. The Collaborator's profile is non-public, visible only to the Collaborator to whom the Profile belongs and to the Organization. The Collaborator to whom the Profile has been created may also use the Platform as a Talent. In the event that the Collaborator is excluded from the Organization's Team, the Collaborator will be prompted to change their login credentials to a new, private login when they first log into the Platform. The former Collaborator can then log in to the Platform with the new login credentials and the additional functionality of the Organization (if accessed as a Collaborator) will no longer work in the Profile, but the survey results and other data will remain in the Profile.
3. 6 Registration on the Platform is free of charge. When registering, the individual is obliged to enter all the data required by the Company in the registration form, i.e. at least his/her name, email address and the password created by him/her. The individual may also use the possibility of registering via third-party access data such as google.com, facebook.com, apple.com and others.
3. 7 Both the Organization and the Individual may provide consent to the Company to obtain data from their LinkedIn profile for the purpose of using the data contained therein to provide the Services and to further improve the Services by providing the Company with the URL of their LinkedIn profile.
3. 8 By registering, the Individual acknowledges that he/she will be sent information about the progress of the Services and notifications to the email address provided in the account settings. The Individual may consent to receive commercial communications and newsletters.
3. 9 An Individual's registration is tied to a specific person and cannot be transferred to another person without the Company's consent.
3. 10 The Platform is intended only for persons who are competent, i.e. capable of entering into contracts under applicable law. By using the Platform as an agent of any person or entity, the Individual confirms that he/she is legally entitled to represent that person. However, this does not exclude the Company's right to require the Individual to provide additional documents proving such authorisation.
3. 11 Minors over 15 years of age may use the Platform only with the consent of their legal representatives or in the case of acts and actions that are appropriate to their intellectual and voluntary maturity. By using the Platform, the individual confirms that he/she is at least 15 years of age and has completed compulsory schooling, or that he/she has acquired full legal capacity by other means provided for in Article 30 of the Civil Code.
3. 12 The Company shall be entitled to request from an Individual under the age of 18 all necessary information and documents proving that such Individual:
(A) has received consent from his/her legal representative to use the Platform and is fully capable of observing and complying with all the rules, conditions, obligations, undertakings, representations and warranties set out in these Terms and Conditions; and
(B) has completed compulsory school attendance; or
(C) has acquired full legal capacity by virtue of other legal facts pursuant to Section 30 of the Civil Code.
3. 14 The Company shall not be liable for any breach of any of the representations or obligations of an Individual under the age of 18 years under Articles 3.13 to 3.15 of these Terms and Conditions.
3. 15 The Individual is not entitled to use the Platform for any purpose contrary to these Terms and Conditions or the law.
3. 16 The Individual shall not use the Platform in any way that may diminish its value or interfere with the reputation of the Company or the Platform.
3. ORGANIZATION REGISTRATION
4. 1 If a Visitor registers on the Platform as an Organization, the completion of the registration on the Platform will result in the creation of an Organization account established for the purpose of using the Services for Organizations ("Organization Account") and the conclusion pursuant to Section 1724 of the Civil Code between the Organization and the Company. By completing the registration, the Organization agrees to these Terms and Conditions.
4. 2 Based on the Agreement, the Company provides the following services to the Organization ("Organization Services", together with the Services for Individuals collectively as "Services"):
4. 2. 1Team Analysis. As part of its use of the Services for Organizations, Organization may use unlimited testing or re-testing and analysis of its Teams.
4. 2. 2Recruitment of Collaborators. In the event that the Organization needs to find a new Collaborator for a Team, the Organization may use the Team's ongoing testing to identify the qualities that the Candidate should possess. For this Service, the Organization searches for Candidates independently and is not entitled to request the Company to do so. The selection and eventual recruitment of Candidates is at the sole discretion of the Organisation and the Organisation is not entitled to require the Company to do so in any way.
4. 2. 3Talent Care. The Company, with the agreement of the Organization, may periodically, after the recruitment phase of the Associate recruitment process, for such period as may be necessary, up to and including the termination of the recruited Candidate's employment relationship with the Organization:
A) a set of questions addressed to the recruited Candidate regarding his or her satisfaction with the Organization; andset otázek určených přijatému Kandidátovi týkajících se jeho spokojenosti s Organizací; a
B) a set of questions addressed to the Team Leader (unless the parties agree on another employee of the Organization) concerning his/her satisfaction with the recruited Candidate.
4. 3The Organization's account shall be self-administered by the Organization. Within the Organization Account, the Organization will have access to analyses of its Teams, Collaborators and individual Candidates.
4. 4 Conclusion of Framework Agreements with the Organisation
4. 4. 1In the event that a Visitor wishes to register as an Organization on the Platform, the Visitor may also request the Company to enter into a framework agreement whereby rights and obligations are negotiated differently from these Terms and Conditions (the "Framework Agreement"). In the event that the Organization enters into a Framework Agreement with the Company before registering itself on the Platform, an Organization Account will be created by the Company for the Organization to use the Platform and use the Services for the Organization. Thereafter, within fourteen (14) days of the execution of the Framework Agreement, the Company, with the Organization's cooperation, will create an Organization Account on the Platform. The contract between the Company and the Organization is only concluded when the Organization Account is created (unless otherwise provided in any Framework Agreement).
4. 4. 2The Company shall enter into individual sub-contracts with the Organisation under the Framework Agreement ("Sub-Contract").
4. 4. 3In the event that the Organization does not request the execution of a Master Agreement, an Organization Account will be created for the Organization upon completion of registration on the Platform.
4. 4. 4Once the Organisation Account is created, the Organisation is entitled to use the Organisation Services in the manner and under the terms and conditions set out in the Framework Agreement, the Sub-Agreements and these Terms and Conditions.
4. 4. 5When registering on the Platform, or when concluding the Framework Agreement, the Organisation shall select the type of subscription fee, which is specified in more detail in the Price List.
5. USER DECLARATION
5. 1 The User hereby represents and warrants to the Company that:
a)by entering into the Contract, the Framework Contract and/or the Sub-Contract, the User will not breach any obligation or duty arising for him/her from the contract to which he/she is a party and/or will not breach any generally binding legislation in force in the Czech Republic;
b)it has all necessary permissions, consents, licenses and authorizations for all content it uploads or intends to upload on the Platform, including but not limited to copyright, trademark rights and any other third party rights. User further warrants that the uploading of such content to the Platform and its subsequent use on the Platform will not violate any third party rights or applicable laws, including data protection laws;
c)is not bankrupt or threatened with bankruptcy, is not over-indebted, has not been the subject of a petition for the commencement of insolvency or other similar proceedings, has not been the subject of any legal action or is not a party to any judicial, arbitration or administrative proceedings, investigations by law enforcement authorities or other proceedings conducted by state authorities or other administrative authorities, which may impede, in whole or in part, the validity, effectiveness or enforceability of the Contract, the Framework Agreement and/or the Subcontract or the User's performance of the Contract, the Framework Agreement and/or the Subcontract, nor is the User under any such proceedings or investigation;
d)there is no pending execution of any judgment or execution proceedings or other similar proceedings in respect of the User's property and the User has not stopped payments or is not in default in the payment of its obligations.
6. FEES AND PAYMENT TERMS
The Organisation undertakes to pay the Company a fee for the provision of the Services to the Organisation in the manner and in the amount set out in the price list for Organisations, which is available at the following link: https://www.talentpilot.com/for-companies/pricing("Price List for Organisations"). The Organisation acknowledges that all amounts in the Price List for Organisations are exclusive of VAT and that VAT will be added to the amounts invoiced by the Company to the Organisation at the rate applicable under applicable law.
6. 1The Company's remuneration shall be payable (i) on the basis of a proper tax document (invoice) issued by the Company or (ii) online by debit or credit card. The invoice (proper tax document) shall be payable within fourteen (14) calendar days from the date of its delivery to the Organization. The Company shall deliver the invoice to the Organization within five (5) days of the date of the invoice, which invoice may be delivered electronically by email to the Organization's email address provided at registration, or such other email address as the Organization may provide to the Company for this purpose. Failure of the Organization to pay the Company's invoice shall be considered a material breach of the Agreement.
6. 2 The Framework Agreement may provide for different fees for the Services for Organisations provided to Organisations under the Platform than those set out in the Price List for Organisations, as well as different payment terms.
6. 3 No fees are charged to Individuals for the provision of basic Services to Individuals. However, Individuals have the option to activate premium Individual Services in their Profile (the content of which is set out on the Website), which are charged according to the Individual Price List, which is set out at the following link: https: //www.talentpilot.com/for-individuals/pricing ("Individual Price List"). The individual prices under the Individual Price List are inclusive of VAT.
7. LIMITATIONS AND EXCLUSIONS OF LIABILITY
7. 1 The User is responsible for the accuracy of all documents and information submitted to the Company. The Company shall not be liable for damages resulting from the User's breach of its obligations, in particular by failing to submit the necessary documents or by submitting factually incorrect, incomplete, distorted or false documents and information. The Company shall not be liable for any commercial or other economic risk arising from the User's business, the consequences of which are manifested in connection with the use of the Platform.
7. 2 Each User uses the Platform and the Website at their own risk.
7. 3 Access to the Organization Account or Profile is secured by a username and password. An individual is required to maintain confidentiality regarding the information necessary to access his Organization Account or Profile. The Company is not responsible for any misuse of the Organization Account or Profile by third parties.
7. 4 The Platform does not in any way allow the mediation of opportunities for concluding an employment contract, a work performance agreement, a work activity agreement or the establishment of other similar cooperation between Users, i.e. Organizations and Individuals. The Company does not intervene in any way in the relationship between the Organisations and the Candidates and therefore shall not be liable for any delays or damages that may arise in or in connection with the contractual relationship between the Organisations and the Candidates.
7. 5 The User acknowledges that the Platform or its individual parts may not be available continuously, in particular with regard to the necessary maintenance of the Company's hardware and software equipment or the necessary maintenance of the hardware and software equipment of third parties operating the Platform. The Company shall not be liable for any damages arising as a result of the facts referred to in this paragraph. The Company will inform the User of planned downtime via the Platform. The Company shall not be liable for errors or failures in the connection between the Platform and third party platforms.
7. 6 The Company provides User support as standard on weekdays between the hours of 9:00 and 18:00. However, it does not guarantee a minimum time interval for providing feedback.
7. 7 Due to the nature of email communications, the Company is not responsible for the correct delivery of email messages to or from its servers and network and is not responsible for any harm caused by undelivered or lost email messages.
7. 8 The User is fully responsible for his/her decision to use the Platform. The Company is not responsible for the consequences of any use/misuse of data by another User that the User obtains through the Platform, nor is the Company responsible for any harm or loss that may be caused to a third party or another User based on or in connection with the use of the Platform. Nor shall the Company be liable for any injury or loss that may be caused to a User by or in connection with the use of the Platform.
7. 9 All content on the Platform is for general information to Users only and is not legal advice, medical advice or any other form of professional advice. In particular, the Company is not responsible for the accuracy, completeness, timeliness or suitability of such informative content for any particular purpose. Information, analyses, opinions or other communications posted on the Platform must be considered in relation to the time of their initial posting on the Platform. Users should not rely on such content as a substitute for professional advice. The Company shall not be liable for any acts or omissions arising out of the use of information available on the Platform or for any consequential loss or damage that may arise from reliance on such information.
7. 10 In no event shall the Company, its partners, or any other third parties mentioned on the Platform be liable for damages of any kind (including, but not limited to, those damages resulting from lost profits, lost data, or business interruption) caused by the use of, inability to use, or the results of the use of the Platform, any server to which the Site links, or the materials and information contained on any server or on the Website, whether based on warranty, contract, tort or any legal theory, and whether or not the Company has been advised of the possibility of such damages.
7. 11 The Company shall not be liable for damages, whether direct or indirect, special or arising in connection with the use of the Platform, nor for damages arising from the partial or total non-functionality of the portals managed by the Company. The Company is not responsible or liable for the truthfulness, content or form of advertising published on the Platform.
7. 12 User is solely responsible for all content uploaded to the Platform and hereby represents and warrants that it has all necessary permissions, consents, licenses and any other necessary legal titles to upload such content, including but not limited to copyright, data protection rights and any other third party rights. User agrees to indemnify, defend, and hold harmless Company and its employees, agents, officers, and affiliates from and against any and all injury, loss, damage, costs, expenses (including reasonable attorneys' fees), and any claims, actions, or proceedings that may arise from User's uploading of Content for which User did not have the necessary permissions, consents, or legal authority, or that otherwise arise from User's breach of these Terms and Conditions.
7. 13 In the event that, despite this clause 7, a competent authority determines that the Company is liable for any damages, costs or losses (including loss of revenue or profits, loss of goodwill or damage to reputation, loss of business opportunity, indirect pecuniary loss or damage, loss of anticipated savings, increase in debt or non-reduction of debt, diminution in the value of assets, special, incidental, punitive or consequential damages) ("Damages") (other than Damages caused by gross negligence or willful misconduct, or injury to the natural rights of man), and therefore shall be liable to compensate the User for such injury caused to the User by the Company's breach of its obligations, the Parties agree that such liability shall be limited to (i) a maximum of 100% of the payments paid to the Company by the User during the preceding 12 months of the Contract Term in respect of any one Event of Default and, at the same time, (ii) the Company's aggregate liability for any Injury resulting from all Event of Default by the Company shall be limited to 100% of the payments paid to the Company during the entire Contract Term. The Company shall not be obliged to indemnify the User if the User has not made any payments to the Company for the use of the Platform or for the provision of the Services.
8. LICENSE AGREEMENT
8. 1 Subject to the Agreement and these Terms and Conditions, the Company grants the User a non-exclusive, non-transferable, non-transferable, non-sublicensable, territorially unlimited license to use the Platform for the duration of the Agreement (the "License"), subject to the following limitations:
a) User shall not modify, alter, copy or otherwise reproduce any portion of the Platform, or create any compilation or derivative works thereof;
b) The User is authorized to use the License only for his/her personal purposes;
c) The User is not entitled to assign, sub-license or otherwise dispose of the Licence without the prior written consent of the Company, failing which the Individual shall indemnify the Company for any damage and loss of profit caused or likely to be caused to the Company by such conduct, and the Individual shall assign to the Company any benefits (including, without limitation, unjust enrichment) which the User has derived from such conduct.
8.2 By posting Public Content on the Platform, the User grants to the Company a non-exclusive, but not territorially, personally or otherwise limited, sub-transferable license to use and deal with the Public Content in any medium, including the right to modify the Public Content, free of charge and for the duration of the author's proprietary rights in such Public Content. In particular, under this license, the Company is entitled to further publish and distribute the Public Content and to deal with it in any way within and outside the Platform Services.
8.3 The license granted by the User to the Company to the Public Content shall not terminate either by deleting the Public Content from the Platform or by terminating the User's registration, User status or other termination of the User's use of the Platform. For the avoidance of doubt, this license shall not terminate until the expiration of the term for which the license was granted.
8.4 In the event that the User's rights to the Public Content do not permit the granting of a license to the extent provided for in Article 8.1 of these Terms and Conditions, the license shall be granted to the Company to the fullest extent that the User would be entitled to grant under applicable law. In such case, the User shall notify the Company of the relevant limitations of the licence granted and shall be liable to the Company for any loss suffered by the Company as a result of the licence not being granted to the extent provided for in Article 8.1 of these Terms and Conditions.
8.5 The User may not interfere in any way with the rights of other persons to the public content on the Platform, in particular the Company's rights to the content on the Platform, redistribute such public content or any part thereof or otherwise make it available to third parties without the express written consent of the Company or other authorised rights holder. The Company's consent for these purposes must include an express statement of the specific public content to which the consent relates and the terms of the consent.
8.6 The User may not modify or edit in any way any content on the Platform which, by the nature of the services in question, is not intended by the Company to be so edited. However, he is always entitled to ask the Company to correct the content he has uploaded if it does not correspond to reality.
8.7 The provisions of this Article 8 shall not apply with regard to personal data of the subjects and Users concerned, unless this is in accordance with the law and the rules on the treatment of personal data. Public Content may not contain personal data of third parties, unless the consent of the data subject is provided to the Company at the same time as it is uploaded to the server.
8.8 The Company may refuse to grant a License to a User or immediately withdraw from the Agreement, Framework Agreement and/or Sub-Agreement (if any) with a User whose activity falls at least partially into any of the following categories:
a) is in violation of the law of the Czech Republic or applicable international treaties;
b) is contrary to good morals or public order;
c) it is aimed at infringing intellectual property rights (in particular copyright, industrial or other related rights);
d) directly or indirectly infringes any rights of the Company or third parties;
e) causes an overload on the infrastructure or technical or software resources of the Company or other parties; or
f) Threatens the privacy or security of other systems or persons.
8.9 The Company may, in its sole discretion, further refuse or restrict the provision of the License to the User or immediately terminate the Agreement, the Master Agreement and/or the Sub-Agreement (if any) with the User in the event that the User breaches any of their provisions.
8.10 The User is not entitled to store or share data (files) of which he is not the author and does not have the written consent of the author or the owner of the rights to them. The Company shall be entitled to request written confirmation from the User that he is authorised to do so in the event of a suspected violation of this prohibition. The User shall provide such confirmation to the Company without undue delay. If the User fails to provide such confirmation, the Company is entitled to restrict, suspend or delete the disputed data (files). The decision on the compliance of the use of the Platform and these Terms and Conditions is at the sole discretion of the Company.
8.11 The User shall be fully liable for any damage caused by his/her actions in violation of these Terms and Conditions and the law of the Czech Republic to the Company, other Users of the Platform and/or third parties. This liability cannot be waived.
9. OTHER INTELLECTUAL PROPERTY RIGHTS
9. 1 All intellectual property rights relating to the Platform and all parts and copies thereof shall remain the exclusive property of the Company and/or its subcontractors/licensors. Intellectual Property Rights means, without limitation, copyright and related rights (including rights in databases, catalogues and photographs), patents, utility models, design rights, trademarks, trade marks, trade secrets, know-how and any other forms of registered and unregistered intellectual property rights.
9. 2 No intellectual property rights relating to the Platform (other than the Licence) are granted to the User under the Agreement, the Framework Agreement, the Sub-Agreements and/or these Terms and Conditions; the Company reserves all rights not expressly granted under these Terms and Conditions.
9. 3 The Company does not claim ownership or any rights in any output generated by the Platform. The User is entitled to use such outputs in accordance with applicable law, but only at any time within the scope of the Licence granted. The User shall ensure that all use of such outputs is in accordance with the terms of the License and does not violate the rights of third parties or any applicable law.
9. 4 The Company hereby represents that it is not aware of any infringement of any third party intellectual property rights in the operation of the Platform, including but not limited to copyrights, patents, trademarks, trade secrets and database rights, and that all content, software, technology, databases and other materials used in connection with the operation of the Platform are, to the best of the Company's knowledge, obtained and will be obtained, licensed or otherwise used in accordance with applicable intellectual property laws.
10. DURATION AND TERMINATION OF THE AGREEMENT
10. 1The Agreement with the Individual is for an indefinite term.
10. 2The Contract with the Organization shall be concluded for a fixed term, in each case for the duration of the subscription, provided that the validity and effectiveness of the Contract with the Organization shall be extended for further periods of a length corresponding to the agreed subscription, unless one of the Parties notifies the other Party in the manner and under the conditions set out below in this Article of the Terms and Conditions that it is not interested in continuing the Contract with the Organization, whereupon:
10. 2. 1each Party shall send to the other Party a written termination of the Contract with the Organization not later than one (1) day before the end of the subscription period;
10. 2. 2The Organization shall send the Company's written termination of the Agreement with the Organization electronically by email to the Company's email address hello@talentpilot.com, or such other email address as the Company may provide to the Organization for that purpose; and
10. 2. 3The Company shall send written termination of the Agreement with the Organization to the Organization at the Organization's registered office address, or electronically by email to the Organization's email address provided at registration, or such other email address as the Organization may provide to the Company for that purpose.
10. 3The Individual is entitled to terminate the Contract for lawful reasons, but the Individual is not entitled to terminate the contract for the supply of digital content that is not delivered on a tangible medium pursuant to Section 1837(l) of the Civil Code (i.e., the Contract) after performance has begun. For these purposes, the provision of performance means making the Platform available.
10. 4The Company shall be entitled to withdraw from the Contract at any time with immediate effect on the grounds of the User's breach of its obligations under the Contract and these Terms and Conditions. Immediate termination means cancellation of the Organization Account or Profile and preventing the User from accessing the Platform. This is without prejudice to the Company's right to compensation for damages.
10. 5Each of the Parties is also entitled to terminate the Agreement with the Individual at any time by giving notice, without giving reasons; the notice period is one (1) month and starts from the moment of delivery of the notice to the email address of the other Party, whereby for the User it will be the email address indicated in the registration and for the Company it will be the email address hello@talentpilot.com. Upon expiry of the notice period, the Profile will be cancelled.
11. PROTECTION OF PERSONAL DATA AND DATA
11. 1The User declares that he/she has read https://www.talentpilot.com/privacy-policy agrees to the privacy policy published on the Website at https://www.talentpilot.com/privacy-policy.
12. TERMS OF USE OF THE WEBSITE
12. 1The Company is the operator of the Website.
12. 2Use of the Website, or parts thereof, other than for your own use is not permitted without the prior written consent of the Company.
12. 3You may not interfere in any way with the content or technical substance of the Website without the prior written consent of the Company. Only the Company shall have the right to decide to modify, remove or supplement the Website or any part thereof.
12. 4The publication of any data or information on the Website, except for these terms and conditions, shall not constitute any legal act aimed at creating a legal relationship between the Company and the Organization, unless otherwise expressly stated in individual cases.
12. 5With regard to the Company's liability for the use of the Website, the provisions of Article 7 of these Terms and Conditions shall apply.
12. 6The Company may take some of the information published on the Website from other sources.
13. FINAL PROVISIONS
13. 1The User hereby agrees that the Company may use the User's name, logos or trademarks for marketing, promotional and other related purposes.
13. 2These Terms and Conditions form an integral part of the Agreement, unless otherwise provided in the Framework Agreement, if any. In the event of a conflict between the Framework Agreement and the provisions of these Terms and Conditions, the wording of the Framework Agreement shall prevail over the wording of these Terms and Conditions.
13. 3No subsidiary oral arrangements may amend or supplement the Contract. The Contract may be amended only by agreement of the parties in writing.
13. 4These Terms and Conditions are effective from 15.10.2024 and are available electronically on the Website.
13. 5These Terms and Conditions, the Contracts, the Framework Agreements and the legal relations arising from them are governed by the law of the Czech Republic.
13. 6In order to resolve disputes between the User and the Company arising out of or in connection with the Agreement, the general court of the Company shall be the court of competent jurisdiction within the meaning of Section 89 of Act No. 99/1963 Coll., Code of Civil Procedure, as amended.
13. 7The User assumes the risk of change of circumstances and therefore cannot claim any rights based on any change of such circumstances.
13. 8The Company shall be entitled to unilaterally amend these Terms and Conditions. The Company shall notify the User of any change to the Terms and Conditions at least 30 days prior to its effectiveness by sending a notice to the User's email or otherwise displaying the notice on the Website or Platform. If the User does not agree to such change, the User may withdraw from the relevant Agreement effective on the effective date of the notified changes by cancelling his/her Organization Account or Profile. In the event of termination of the Agreement and cancellation of the Organization Account, the Organization is not entitled to a refund of the fees already paid (see Article 6, Fees and Payment Terms). Provided that the User does not cancel his/her Organization Account or Profile before the effective date of this change to the Terms and Conditions, he/she shall be deemed to have accepted the change.
13. 9If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the Contract, the Framework Agreement and/or the Subcontract or these Terms and Conditions shall be in writing.
13. 10In the event of any differences between the language versions of these Terms and Conditions, the English language version shall prevail.