Effective: 10th Jan 2024
These Terms of Service ("Terms", “Agreement”) apply to Optimat.ch ("Optimatch", "we", "our", "us") and all of its proprietary websites (collectively known as "Services").
It is important to us that you, and our other visitors, have a special experience while using Optimatch and that when you use Optimatch you are fully aware of your respective legal rights and obligations.
By using or accessing the Optimatch service, you acknowledge that you have read, understand, and agree to be bound by this Agreement. If you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.
Your privacy is important to us. To better protect your privacy, please review our privacy policy which describes the way your information is collected and used at this site.
Please note that Optimatch reserves the right to change these Terms at any time. Your continued use of the Services following such modifications will be conclusively deemed acceptance of any changes to either these Terms and/or the Privacy Policy.
Our Services
The Services offered evaluate a user’s resume and/or online professional profile and provide guidance on how to optimize the content to improve your chances during your overall job search.
By accessing, viewing or using these Services, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Agreement and agree to be legally bound by the terms within.
Uptime of Service
We will use commercially reasonable efforts to provide all paid users with sufficient bandwidth and resources that we determine are typical of users at that plan level.
Optimatch will not be liable for any delay or failure to perform under these Terms as a result of any cause or condition beyond Optimatch's reasonable control (a “Force Majeure Event”), so long as Optimatch uses reasonable efforts to avoid or remove those causes of delay or non-performance. If a Force Majeure Event causes Optimatch to delay or fail to perform its obligations under these Terms for 30 consecutive days, either party may terminate these Terms.
Eligibility
You represent and warrant that you are over 16 years of age; that you have not been previously suspended or removed from the Service; and that you will be bound to any legal obligations you may incur as a result of using this site.
Security
As part of the registration process, you may be asked to select a username, password, or other login credentials. You are responsible for maintaining the security and confidentiality of your login credentials. You agree to notify Optimatch immediately of any unauthorized use of your account or any other breach of security. You are responsible for all use of the Service occurring under your account and all content posted with your account on the Service. You may not share your login credentials with any third party. Optimatch will not be liable for any loss that you incur as a result of someone else using your login credentials or account. You may be held liable for any losses incurred by Optimatch or a third party due to someone else using your account or login credentials.
Accuracy of Information
To access parts of Optimatch, you may be asked to provide registration details. It is a condition of use of the Services that all the details you provide be correct, current, and complete. If the Optimatch believes the details are not correct, current, or complete, we have the right to refuse you access and to terminate or suspend your account. This Service is solely for your personal use and not for resale. Individuals are not permitted to share accounts or utilize these Services on behalf of others.
Your Responsibilities
You are permitted to use the Service only for lawful purposes and in accordance with the functionality provided. You must not use the Service in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other user or third party’s use of the Service. Unauthorized attempts to access the Service, user accounts, or computer systems or networks, such as hacking, password mining, or other illicit methods, are prohibited.
Furthermore, you may not engage in the following activities: copy, modify, create derivative works from, install, transfer, reverse engineer, decompile, disassemble, reformat, mirror, frame, or distribute the Service or its contents, except as expressly permitted by these terms or any usage limitations; rent, lease, or permit third parties to use the Service; create accounts automatically or under false pretenses, or open a new Optimatch account without prior written consent if your account was previously disabled; probe or test the vulnerability of any system or network, breach security or authentication measures, access non-public areas of our systems, or the technical systems of our providers; imply endorsement by us without our prior written consent; use the Service to send illegal, harmful, or abusive messages, disclose private information without authorization, distribute trade secrets, send unsolicited commercial communications, or engage in spamming; transmit materials containing viruses or harmful components; use bots, spiders, or other devices to retrieve or index any portion of the Service; gather information about users without their consent; hinder anyone from using the Service; violate any laws; or use the Service to develop a competing service.
We reserve the right to take legal action and apply technical measures to prevent these violations and enforce these Terms.
Feedback
To the extent you provide any suggestions to Optimatch regarding the functioning, features, and other characteristics of the Services, documentation, or other material or services provided or made available by Optimatch ("Feedback"), you hereby grant Optimatch a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully transferable, worldwide license (with rights to sublicense through multiple tiers of sublicenses) under all of your intellectual property rights, for Optimatch to use and exploit in any manner and for any purpose.
Limitation of Liability
You acknowledge that you have independently assessed the advisability and potential risks of using the Service. You agree to obtain and maintain your own insurance to cover these risks and will rely exclusively on such insurance for compensation for any damages incurred.
Indemnity
You agree to indemnify and hold harmless Optimatch and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, actions, demands, liabilities, costs, or expenses, including all damages, costs and legal fees and out-of-pocket costs, resulting from (a) your breach of this Agreement, including any of the foregoing provisions, representations, warranties or conditions, (b) from your placement or transmission of any content onto Optimatch's servers, (c) from any and all use of your account, and (d) any dispute between you and any other member of the Services or other third party.
Exclusion of Damages
Neither Optimatch nor any associated party will be responsible for any indirect, incidental, special, or exemplary damages that arise from or are connected to these Terms, including but not limited to lost profits, business loss, or data loss, even if Optimatch has been advised of the likelihood of such damages.
The total liability of Optimatch for all claims arising out of or related to these Terms, including warranty claims and regardless of the forum or whether the claim is based on contract, tort, or any other legal theory, shall not exceed the greater of: (1) the total fees you paid to Optimatch in the three months prior to the claim, as determined at the date of any final judgment in the matter; or (2) $50.
Payments
Fees
Access to the Service, or specific features of it, may require payment of fees, either as one-time charges or on a subscription basis. This may also include options for setting up automatic recurring payments for ongoing fees. You will have the chance to review and approve all charges before you proceed with any payments, including the activation or modification of recurring payments. By opting into or updating recurring payments, you authorize Optimatch or its third-party service providers to charge all accumulated amounts periodically until you cancel. Recurring subscriptions will automatically renew unless cancelled through one of the methods provided in the Service at least 24 hours before the current subscription period ends.
Free Trial
Optimatch may from time to time provide a trial subscription free of charge, allowing you to use the Service for a specified period. You can manage or cancel your trial subscription using any of the methods outlined in the Service.
Payment Processing
Payment processing services for Optimatch may be provided by a third-party payment processor, such as Stripe Inc. (“Payment Processor”). The Payment Processor uses your credit card to make payments for the Service. Stripe, Inc. handles any information you provide to them in accordance with their privacy policy which can be found at: https://stripe.com/us/privacy. By providing your payment information to sign up for the Service, you consent to Optimatch providing relevant information to our Payment Processor in order to provide the Service to you and acknowledge that you have read and agreed to the terms of the Payment Processor’s privacy policy. The processing of credit card charges or credits, as applicable, relating to your use of the Service will be subject to the applicable agreement with the Payment Processor. For Stripe Inc., this is the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You hereby agree to be bound by the applicable Payment Processor agreement, which may be modified by such Payment Processor from time to time. As a condition of Optimatch enabling payment processing services through a Payment Processor, you agree to provide Optimatch accurate and complete information about you, and you authorize Optimatch to share it and transaction information related to your use of the payment processing services provided by Optimatch. Additional fees may apply to payments made via credit card.