GTC
1. Scope and overview
The use of Appreci8 is subject to terms of use, which are automatically applied by visiting and using the website appreci8.io, apps of Appreci8 or websites, apps and services connected with Appreci8 (collectively hereinafter “Services”). Part of the Terms of Use is also the Privacy Policy (incl. Cookie Policy), which provides information on how we collect, use, process and share your personal data.
You can use the Services of Appreci8 as a non-registered visitor (hereinafter “Visitor”) or as a registered member by creating a member account on Appreci8 and registering or logging in as a private person (consumer) or as a company (or representative of such) (hereinafter “Member”). Some of the Services or certain functions thereof are exclusively reserved for Members. By using Appreci8’s Services, you accept these Terms and Conditions and a legally binding contractual relationship is established between you and Appreci8 (hereinafter “Appreci8”, “we” or “us”). These General Terms and Conditions of Use form an integral part of this contractual relationship for the use of the Services for both Visitors and Members, unless other written contractual arrangements are agreed between you and Appreci8.
If you do not agree with these Terms and Conditions, please do not use our Services, especially do not create a profile as a Member or close it.
Due to the further development of our Services or the implementation of new technologies, it may become necessary to change these General Terms and Conditions of Use or the regulations on data protection. If we decide to make material changes to them, we will post those changes and notify Members by email to the email address they provided when they opened a Member profile. If you do not agree with the changes, you have the right to close your profile as a Member or to refrain from using our Services before the new provisions come into effect. If you continue to use our Services after notification and entry into force of the amended provisions, you automatically agree to the amended provisions.
2. Duties
2.1 Requirements for Membership
To become a Member, you need a Member account. To create a Member account, you must be eligible to enter into this Agreement and you must also be sixteen (16) of legal age. If an applicable law requires a different minimum age, the higher age requirement will apply.
You are required to provide true and accurate information when creating the Member account and to keep this information up to date in the future. You give us your consent to use your contact information to send you communications and messages.
Please choose a secure password for your Member account that is different from the passwords you use for other online services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your system and account. This includes keeping your account information (e.g., username, password) confidential and not allowing others to use your account. You agree to notify us immediately if you have reason to believe that the security of your account has been compromised. This also applies if you believe that anyone knows your password or your password is (suspected to be) being used unlawfully.
Furthermore, you are required to comply with applicable laws and the Appreci8 Code of Conduct and Guidelines (see para. 4), which describe what you may and may not do with our Services. You are responsible for all actions taken through your Member Account.
2.2 Free and fee-based Services
Appreci8’s Services include, to the extent specified, Services and features that can be created, used or shared free of charge.
Furthermore, other Services and functions are available in the Services of Appreci8 which can only be obtained against payment of a fee. In order to purchase these fee-based Services, you must register as a Member and complete the order and payment processes displayed in the Services.
The fee-based Services of Appreci8 are not binding offers or invitations to submit offers. All offers visible in the Services are subject to change and non-binding.
2.3 Conclusion of contract and payment obligations
A purchase of fee-based Services becomes binding when you press “buy now” (or similar wording). As a proof of the purchased charge fee-based able Services we will send you an order confirmation by e-mail.
Fee-based Services offered for a specific contract period (“Appreci8-Subscriptions”) shall extend to the period specified in the contract. If no contract period has been explicitly agreed, a contract period of six (6) months shall be deemed to have been agreed. The contract shall be extended by the same period upon expiry of the billing period if it is not terminated by one of the contracting parties in accordance with the following provisions. The contract may be terminated by either contracting party by declaration in at least text form and with a notice period of two months to the end of the contract period.
Insofar as value added tax is applicable, prices to private individuals are inclusive of value added tax, and prices to business customers are exclusive of value added tax. In addition to the prices displayed in the ordering process, any fees and taxes may apply. The taxes payable by you will be determined on the basis of the invoice data that you provide to us at the time of purchase and shown separately.
The payment of the fee-based Services can be made exclusively with the specified means of payment, such as credit or debit card, bank transfer as well as PayPal with encrypted data transmission. Other means of payment (e.g. invoice) are accepted only after special written agreement.
Your purchases or contracting for fee-based Services and Appreci8 Subscriptions are subject to refund policies under the laws applicable in your country to the extent you use our Services for yourself as an individual (and not on behalf of a business). For example, citizens of the European Union are entitled to a full refund within 14 days of the start of Appreci8 Subscriptions.
2.4 Publication and sharing of your information by you
Our Services allow you to share news and information in many ways, such as through your Member profile, by sharing your video interview, BIG 5 Personality Analysis or personal QR code, and through job postings or via messages. Information and content you share or post may be seen by other Members, Visitors or third parties (including outside of the Services). We respect the choices you make about who can see what content or information (e.g., the visibility of your Member profile to other Members, to Visitors, or to search engines, if applicable).
Content that you capture, upload, share, and publish must comply with the Appreci8 Code of Conduct and Guidelines (see para. 4).
We are under no obligation to post your information or content on our Services and may remove it with or without notice.
3. Rights and restrictions
3.1 License of use to Appreci8
All content and information, as well as any personally identifiable information, that you provide to us, submit to our Services, or post on the Services is your property. However, you grant us a non-exclusive license to such material:
The worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process information and content you provide through our Services and third party services without further consent from you or notice and/or compensation to you or any third party. These rights are limited as follows:
(1) You may terminate this license for specific content by deleting such content from the Services or closing your account, taking into account that (a) other persons may have copied, in turn shared or stored the content shared on the Services, and (b) we have a reasonable period of time to remove such content from backup and other systems.
(2) We obtain your consent when we want to grant others the right to publish your content outside of our Services. However, if you share your post “publicly” or “for all” (or similar wording), we enable a feature that allows other Members to embed that public post in third-party services, and we enable discoverability of that public content through search engine services.
(3) We may edit your content and make formatting changes (for example, by making translations or transcriptions, changing size, layout, or file type, or removing metadata), but we do not change the meaning of your contributions.
(4) Because you own your content and information, and we only have non-exclusive rights to it, you may make that content and information available to others, for example, under a Creative Commons license.
You and Appreci8 agree that content that contains personally identifiable information is subject to our Privacy Policy.
You agree that Appreci8 may access, use and store any information and personal data that you provide in accordance with the terms of the Privacy Policy and your options (including preferences).
If you send suggestions or other feedback about our Services to Appreci8, you agree that Appreci8 may (but is not obligated to) use and share such feedback for any purpose without compensation to you.
3.2 Service availability
Appreci8 strives to provide the Services with the highest possible reliability as well as availability.
However, we reserve the right to modify, suspend or discontinue, temporarily or permanently, any Services, any parts of Services, information or functions.
We also reserve the right to change our applicable prices in the future, subject to reasonable notice, to the extent permitted by law. Appreci8 may at any time, subject to reasonable notice, add charges for certain Services or change the prices for chargeable Services.
We do not undertake to store or continue to display information and content published by you. You are required to back up your information to on your own storage media. You agree that we have no obligation to make available to you or store or retain a copy of any content or information that you or anyone else provides, except as required by applicable law.
3.3 No warranty for contents
As far as you take note of published content and information of other persons via our Services, you do so at your own risk. Appreci8 does not warrant and disclaims any responsibility for the content of information offered and published by others, its content, factual accuracy, completeness, security, legal compliance or timeliness.
3.4 Intellectual property rights
The Services contain items such as information, trademarks, names, text, images, photographs, designs and other materials. This content is protected worldwide by copyright and other intellectual property laws and treaties. Appreci8 owns or is a licensee of the intellectual property rights related to the Services.
No rights of use or ownership in the Content of the Services, including any intellectual property rights in Content, are acquired or transferred to you. You may not use, reproduce (in whole or in part), edit, translate, display, distribute, download, transmit, sell, develop derivative works from, or in any way exploit the Content without the prior written consent of Appreci8 or the applicable copyright owners.
3.5 Automatic processing
We use information and data provided by you and (other) Members to provide recommendations on contacts, content and features that may be useful to you. For example, we use data and information about you for job suggestions or to recommend you to recruiters. By having an up-to-date and accurate profile, you help us make these recommendations relevant and accurate.
4. Appreci8 Code of Conduct and Guidelines
Please note that you are solely responsible and liable for your activities. You declare and assure in the course of using the Services that you alone are entitled to the posted or uploaded content and that no third party rights (copyrights, personal rights, trademark rights, etc.) as well as no fairness or other laws are violated. In case of any claims by third parties in connection with the use of your content, you indemnify Appreci8 from all claims.
We would like the contributions of Visitors and Members to be characterized by professionalism and level. Please treat other Visitors and Members with the respect they deserve by using appropriate words, writing as correctly as possible, and being polite. Personal hostility, disparagement, or posts that contain hate, violence, pornography, threats, that are obscene, that violate the privacy of others, that discriminate against other groups of people, minorities, etc., that offend common decency or any existing laws, as well as amusement at the expense of other Members, are expressly prohibited. Appreci8 has the right to delete posts and content without giving a reason. Furthermore, we reserve the right to temporarily or permanently block Members from accessing the Services without explicitly stating reasons and without setting a deadline.
5. Limitation and exclusion of liability
5.1 Disclaimer of warranty
APPRECI8 AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES AND DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES (INCLUDING CONTENT AND INFORMATION) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, APPRECI8 AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, DATA ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5.2 Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW (AND TO THE EXTENT APPRECI8 HAS NOT ENTERED INTO A SEPARATE WRITTEN AGREEMENT SUPERSEDING THIS AGREEMENT), APPRECI8 AND ITS AFFILIATES EXCLUDE ALL LIABILITY FOR LOSS OF PROFITS OR BUSINESS OPPORTUNITY, DAMAGE TO REPUTATION (E.G., OFFENSIVE OR ABUSIVE LANGUAGE), LOSS OF DATA (E.G., DOWNTIME OR LOSS OF OR CHANGES TO YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT.
APPRECI8 AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS AGREEMENT FOR ANY AMOUNT IN EXCESS OF (A) THE TOTAL AMOUNT OF FEES PAID OR PAYABLE BY YOU TO APPRECI8 DURING THE TERM OF THE AGREEMENT, IF ANY, OR (B) CHF1 ‘000.
These limitations of liability do not apply in cases of death or personal injury, gross negligence or willful misconduct, breach of a cardinal duty, the latter being a duty which is a prerequisite for our provision of the Services and which you may rely on us to perform, but only to the extent that the damage has arisen directly as a result of the breach and was foreseeable at the time of entering into this Agreement and to the extent that it is typical damage in connection with this Agreement.
6. Final provisions
6.1 Contract content
This Agreement (including any additional terms we disclose to you when you use a particular feature of the Services) is the only agreement between us relating to the Services and supersedes any prior agreements relating to the Services.
6.2 Assignment and transfer
You may not assign this Agreement (or your Membership or use of the Services) to any person without our permission. However, you acknowledge that Appreci8 may assign this Agreement to its affiliates or to a party purchasing the business without your permission.
6.3 Communications
Notices intended to exercise any rights or obligations under this Agreement shall be given in writing, by letter or email, to the addresses set forth in this Agreement or by you in your Member Account contact information.
6.4 Partial nullity
Should individual provisions or parts of this contract prove to be void or ineffective, this shall not affect the validity of the remainder of the contract. In such a case, the contracting parties shall adapt the contract in such a way that the purpose intended by the void or ineffective part is achieved as far as possible.
6.5 Applicable law and place of jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 and excluding its conflict of law provisions.
In the event of any disagreement in connection with this Agreement, the Parties agree to strive in good faith to reach a mutually agreeable settlement.
If, despite the efforts of the contracting parties, an amicable settlement cannot be reached, the ordinary judge at the place of Appreci8’s registered office shall have exclusive jurisdiction to decide all disputes arising out of or in connection with this contract, subject to Appreci8’s right to sue you at your place of residence, or at the place of business in the case of companies. For private persons, mandatory jurisdictions under consumer law remain reserved.
7. Contact
The Services of Appreci8 are offered by:
Silverbush AG
Rotfluhstrasse 91
8702 Zollikon
Switzerland