GENERAL TERMS OF USE OF THE SITE uCV.online

OBJECT and DEFINITIONS

1. These general contract conditions (“GC”) contain the terms and conditions that regulate the use, by the user (“User”), of the platform located athttps://ucv.online  and its subdomains (“Platform”), owned by uCV Tech OÜ, with registered office in Tallinn (Estonia), in Harju maakond, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145, registration number in the Business Register: 16824430 (“Company” and, together with the User, the “Parties”).
   
   By proceeding with the use of the Platform and with the enjoyment and/or purchase of the services provided through it (“Services”), the User declares to accept: (i) the GC; (ii) the conditions of use of the services, as described on the Platform and/or in the GC; and (iii) that all Services may be discontinued at the discretion of the Company and therefore a minimum duration of the same is not guaranteed, without prejudice to the User's right to receive, exclusively in this case and if it concerns paid Services, the possible refund of the part of Services not used, within the limits set forth below.

2. For easier reading of the Terms and Conditions (T&Cs), the following definitions will be used in the text, which, when used, will have the meanings indicated below:
   • “Account”: User's personal profile on the Platform;
   • “Individual Account”: profile of a single natural person;
   • “Public Data”: all data shared by the User in their Individual Account, except for Confidential Data (as better defined in the Platform's Privacy Policy).
   • “Confidential Data”: contact details (email and phone number) and, if the User chooses to keep it confidential, the surname, except for its initial letter. Confidential Data is visible only to Organization Accounts authorized by the User Account.
   • “Organization Account”: profile of entities, with or without legal personality, professionals, or natural persons who use the Platform to publish Offers;
   • “Force Majeure Causes”: including but not limited to strikes, lockouts, wars, fires, epidemics, pandemics, or any other event beyond the reasonable control of the Company that prevents the full and correct fulfillment of the obligations provided by the T&Cs;
   • “Content”: including but not limited to any type of information, image, text, photo, video, graphics, music, audio, and other material owned by the Company and/or its licensors, including Users, present on the Platform and/or part of the Services;
   • “Consumer Code”: Legislative Decree No. 206 of September 6, 2005, regarding consumer rights;
   • “Consumer”: the natural person who registers or purchases the Services for purposes not related to their professional activity or does not make the purchase indicating a VAT number reference, as defined by the Consumer Code;
   • “Credits”: virtual and rechargeable credit, valid for one year, that the User can purchase to use the paid Services;
   • “Fee”: the price paid by the User to use the Services, where required, as specified below and on the Platform;
   • “Rights”: intellectual and industrial property rights, including but not limited to trademarks, logos, domain names, designs, algorithms, software, images, content, and any other element that may be subject to proprietary rights and/or any other intellectual property right, including copyrights and related rights;
   • “OTP”: from English “One-time Password”, it is a code with limited validity in time that allows, in combination with their Confidential Data, to access their Individual Account.
   • “Registration”: the process of filling out the form provided for creating an Account on the Platform;
   • “Services”: services for linking job supply and demand (“Offer”), supporting the creation of resumes, and CV Digitization offered by the Company through the Platform, also using artificial intelligence tools (“AI”), where:
   • “CV Digitization”: Service for reworking resumes, also through AI, inserted into the Platform by the User, in the appropriate form present in the Account, or by uploading a file to the Platform.
   • “User”: any individual, entity, or automated system that accesses the website, uses its services, or interacts with its features, whether they are natural persons, organizations, or otherwise.
   • “Web Scraping”: Data extraction from the Site by means of software or computer programs (e.g., indexing of content by search engines).

ACCEPTANCE OF THE TERMS AND CONDITIONS AND CONCLUSION OF THE CONTRACTUAL RELATIONSHIP

3. The User declares that they have read and expressly accepted the Terms and Conditions when using the Platform and Services and/or creating an Account.

4. Different provisions of the Terms and Conditions may apply to Users, depending on whether they use Individual Accounts or Organization Accounts. Each User with an Individual Account may create one or more Organization Accounts, and each Organization Account can be managed by one or more Users with Individual Accounts simultaneously.

5. If the User does not wish to accept even just one of the terms and conditions of the applicable Terms and Conditions, they are invited to refrain from using the Services and Registering.

6. The User acknowledges and accepts that the Company reserves the right to modify the Terms and Conditions at any time, at its sole discretion, by informing the User through publication on the Platform. Mere visiting of the Platform after a modification will be deemed as full acceptance by the User of the same modification. Therefore, the User acknowledges and accepts that it is their responsibility to periodically check the Platform for any changes to the Terms and Conditions.

REGISTRATION AND DESCRIPTION OF SERVICES

7. In order to use the Services, the User must register on the Platform by entering their personal and contact information. Through Registration, the User will create an Individual Account and may later decide to also create an Organization Account.

8. To access the Account, the User will not be required to create a password but only to enter an email address or another contact detail, such as a phone number or other, as requested by the Company through the Platform. The Company will send a link or an OTP to the User's contact to confirm their identity and access the Account.

9. Individual Accounts, in order to use the Services, including the CV Digitization, will be required to insert their curriculum vitae ("CV") into the Platform, either through the guided completion of a form with their skills and experiences or by uploading a file containing the CV into the Platform. Once the CV is inserted, the Platform will perform CV Digitization, which will allow connecting the information in the CV with the requirements of the Offers published through Organization Accounts.

10. Users acknowledge and accept that their CV will be partially viewable by Users without an Account, as indicated both during registration and in the Privacy Policy of the service, although Services, including CV Digitization and the connection between the skills of Users with Individual Accounts and those requested by Users with Organization Accounts in the Offers, will only be accessible to Users with an Account.

11. To respond to an Offer, the Individual Account must submit an application to the Organization Account. To send an application to an Offer and/or view the contact details related to the Organization Account, the User won't need to create an Account, nor send a previous contact request to the Organization Account promoter of the Offer. Additionally, the Individual Account and the Organization Account can get in touch even if the latter has not created an Account, as the contact details of the registered User will be visible to Users without an Account.

12. Users with Organization Accounts acknowledge and accept that, in order to use the Services, they will be required to publish an Offer on the Platform, which will be visible even to Users without an Account.

 

13. Once both have registered on the Platform, Individual Accounts and Organization Accounts can send each other specific contact requests to allow the use of some additional Services. Specifically, if the receiving User accepts this request, all the information contained in the Individual Account's CV, including Confidential Data, will become part of the database made available to the Organization Account on the Platform and, through CV Digitization and potentially AI, may be reprocessed and linked to any Offers published by the Organization Account. To use the additional Services provided by the Platform regarding Offers, Users without an Account will therefore need to create an Account and send a contact request to Users with an Account.

14. Should the User with an Organization Account wish to verify through the Services if the CV of the Individual Account matches their Offer, they must send a contact request to the same, and the relevant information will be reprocessed through the Services and included in the Organization Account's database on the Platform.

15. The User with an Organization Account acknowledges and accepts that, at any time, the User with an Individual Account can delete their personal data and the information in their CV from the Organization Account's database, without this constituting non-compliance by the Company. Therefore, they hereby waive any claims, including reimbursement or compensation, against the Company and the User with an Individual Account. Similarly, the User with an Individual Account acknowledges and accepts that, at any time, the User with an Organization Account can delete the personal data and CV information of the User with an Individual Account from the Organization Account's database, without this constituting non-compliance by the Company. Therefore, they hereby waive any claims, including reimbursement or compensation, against the Company and the User with an Organization Account.

PAYMENTS

16. Some Services are provided free of charge by the Company. If the User wishes to use additional Services, such as the use of Artificial Intelligence beyond the free trial limits, the promotion of Offers in terms of increased visibility within the Platform, and/or any other additional Service as indicated from time to time on the Platform, they will be required to pay the Fee indicated from time to time on the Platform.

17. The Fee is paid to purchase Credits and/or subscriptions. Credits are valid for one year from the date of purchase and can be used to access the paid Services offered by the Company. The User acknowledges and agrees that Credits cannot be refunded, even in the event of withdrawal by the User, and that the Company cannot be held liable for any direct or indirect damages caused by the expiration of Credits.

18. The User acknowledges and agrees that the Company reserves the right to offer different rates or free access to certain categories of Users, particularly Individual Accounts, or special promotions, and the User hereby waives any claims, including for refunds or compensation, against the Company.

19. To proceed with the payment of the Fee, the User must follow the instructions on the Platform, use the appropriate page provided by the Company, and enter all the required billing information. The User acknowledges and agrees that payments and all management of the data necessary for payment will be handled by third-party companies unrelated to the Company. At no point during the above purchase process is the Company able to know the User's credit card information. Therefore, the Company cannot be held liable for any fraudulent or improper use of credit cards and for the management of the data necessary for payment by third parties.

20. In the case of payment by credit card, upon completion of the online transaction, the relevant payment gateway will authorize only the amount related to the purchase. The amount of the Fee will be charged to the User's credit card at the time of purchase.

21. In the event of cancellation of the purchase by the User, the payment gateway will cancel the transaction and release the committed amount. The release times, for some types of cards, depend solely on the payment gateway system and can take up to their natural expiration (24th day from the authorization date). Once the transaction is canceled, the User acknowledges and expressly agrees that the Company cannot be held liable for any direct or indirect damages caused by delays in the release of the committed amount by the payment gateway.

22. The Company reserves the right to request additional information from the User or the submission of documents proving the ownership of the credit card used. In the absence of the requested documentation, the Company reserves the right not to accept the payment of the Fee and consequently not to provide the Services.

23. The User acknowledges and agrees that it is their responsibility, at the time of payment of the Fee, to indicate any reference to the tax code and/or VAT number and/or other billing data if they wish to receive an invoice with such indication and undertakes to ensure that such data are correct and truthful. In this regard, the User undertakes to indemnify and hold the Company harmless from any damage, claim, cost, charge, or expense, including any penalties imposed by the competent Authorities, that the Company may incur as a result of incorrect or untimely communication by the User of the data necessary for the issuance of adequate accounting documentation by the Company.

INTELLECTUAL PROPERTY RIGHTS

23. The User acknowledges and accepts that the Rights related to the Platform, Services, and Contents, including the trademark "uCV" (registered with the European Union Intellectual Property Office, EUIPO, under number 018943606) and the domain name UCV.ONLINE, are exclusively owned by the Company and/or third parties, including any other Users (such as Business Users who have published Offers on the Platform), who license them to the Company solely for the purpose of providing the Services and the Platform and are protected against unauthorized use, copying, and dissemination by intellectual and industrial property law. Mere use of the Services does not transfer any Rights of the Company or its third-party licensors to the User, and therefore, Users commit not to use the Rights in any way except as strictly necessary for the use of the Services and the Platform.

24. For the purpose of using the Services, the User grants the Company and other Users a non-transferable royalty-free license related to their Rights, limited solely to the purpose of providing the Services by the Company and the use of the Services themselves by the other Users.

25. Except as necessary to use the Services and the Platform, the User may not download, copy, use, transfer, lease, sublicense, lend, modify, adapt, attempt to alter or amend the source code, perform reverse engineering, decompile, disassemble or otherwise operate, in whole or in part, on the Services and/or Contents and/or the Platform.

26. Unauthorized use, copying, reproduction, modification, republishing, updating, downloading, uploading, mailing, transmission, distribution, duplication, or any other abusive use of the Services and/or the Contents and/or the Platform and/or anything subject to the Rights by the User is prohibited. As a user of the Services, the User commits not to use anything subject to the Rights for unlawful purposes and/or in violation of the Terms and Conditions and commits not to infringe the Rights of the Company and/or its third-party licensors, including other Users.

27. In relation to the above, the User commits as of now to indemnify and hold the Company harmless from any damage, claim, cost, burden, or expense directly or indirectly resulting from the use that the User will make of anything subject to the Rights in violation of what is provided by the Terms and Conditions.

28. Regarding the Contents and Services, including AI, the User acknowledges and accepts that the Company (i) has received from any third-party licensors, owners of the Contents and components of the Services, including AI, the necessary authorizations solely for the purposes directly connected to the Services and the operation of the Platform and that, in any case, (ii) cannot provide any guarantee regarding the accuracy, truthfulness, completeness, originality, and updating of the Contents and/or the functioning of the components of the Services and AI; thus, by way of example only, (iii) does not guarantee that the Contents and Services do not infringe third-party rights or that they are adequate and/or sufficient for the User to achieve particular objectives or results (by way of example only, obtaining a job following Registration or responding to an Offer).

USER COMMITMENTS, DECLARATIONS, AND WARRANTIES

29. The User commits to:

1. behave with respect and correctness towards other Users, regardless of whether they are Individual Accounts or Organization Accounts;
2. comply with all terms of use, including the Terms and Conditions, and the legal documentation present on the Platform or any other site or tool, including AI, owned by third parties in relation to the Parties;
3. enter correct and truthful Content into the Platform, compliant with the law, and respecting the rights of third parties, including Rights.

The User acknowledges and accepts that they will be solely responsible for their behavior when using the Platform and any Content entered therein, and hereby commits to indemnify and hold harmless the Company from any damage, cost, claim, burden, or expense, including legal fees, incurred by the Company as a result of the violation of the commitments under this article.

30. The User acknowledges and expressly accepts that, in case of violation by the User of the law, third-party rights, or the Terms and Conditions, the Company may, at its sole discretion, suspend or terminate the provision of Services, whether free or paid for, previously provided to and/or purchased by the User, prevent access to the Platform and/or Account, as well as undertake any other action useful to protect the Company’s rights and interests.

31. To use the Services, the User must:

1. have reached eighteen years of age, and in this regard, the Company reserves the right, at the time of Registration, to request proof of the attainment of the age of majority;
2. have the equipment and applications necessary to use the Services and the Platform, such as, by way of example, Internet services, and in this regard, the Company cannot be held responsible for any malfunctions, inability to access, or poor conditions of use of the Platform attributable, by way of example, to unsuitable equipment.

32. The User declares and guarantees:

1. that they have read and understood the Terms and Conditions;
2. that they have the necessary powers to act for the purposes referred to therein and have the capacity to act and enter into legally binding contracts;
3. that, for the entire duration of the relationship arising from the subscription to the Terms and Conditions: (i) they will not transfer their Account or access to the purchased Services; (ii) will not allow third parties to use their Individual Account and/or the Services purchased through it; and (iii) will comply with all applicable laws relating to the management of computer accounts;
4. that they will refrain from reproducing, duplicating, copying, using, selling, reselling, and otherwise exploiting for commercial purposes the Services, the Contents, and everything subject to the Rights of the Company or its third-party licensors or other Users;
5. that they will refrain from reproducing or otherwise infringing on the image rights and the rights related to the name of other Users, particularly those holding Individual Accounts and any other entity.
6. that they will refrain from any form of use, direct and/or indirect, of the Services contrary to the law or inconsistent with what is provided in the Terms and Conditions;
7. that they will not use spamming systems, chain messages, or pyramid schemes;
8. that they will not spread viruses, spyware, adware, rootkits, backdoors, trojans, and other similar cyber threats through the Services and/or the Platform;
9. that they will not use Web Scraping or other automatic or manual mechanisms to copy or access or create hyperlinks to the pages offering the Services and/or their content, except: (a) in the case of public search engines; (b) for purposes not in conflict with the publication of information and Public Data present on the Platform (i.e., facilitating the meeting of supply and demand for work); (c) with written authorization from the Platform; or otherwise (d) where permitted by applicable law. In any case, the use of Public Data for creating datasets functional to the training of generative AI models is prohibited.

RESPONSIBILITY – LIMITATION OF LIABILITY IN FAVOR OF THE COMPANY

33. The User acknowledges and accepts that, unless expressly specified in the Terms and Conditions, the Company does not make any representation or warranty, express or implied, regarding the Services and, in particular, but without limiting the generality of the foregoing, the AI.

34. The Services may also be provided with the support of third parties, such as, for example, the owners of the AI, other than entities belonging to or connected with the Company. Therefore, the User acknowledges and accepts that the Company cannot be held responsible for the actions of such third parties, including the operation of the AI, nor for the information and Content entered into the Platform by Users. To this extent, the User hereby waives any claim, even economic, against the Company.

35. The Company cannot be held responsible in any way for the results obtained by Users using the Services, whether positive or negative, and in particular the Company will not be responsible for any consequences that may arise for Users from CV Digitization and/or the publication of Offers and/or the use of CVs created with the Services, including the non-recognition of the European format (Europass) by third parties and/or errors made by the AI and/or the sending of contact requests between Users and/or anything else provided by the Company through the Services and the Platform. The actions taken by Users in any area directly or indirectly related to the Services are solely attributable to themselves and in no way can the Company be considered responsible for possible negative consequences, losses and/or damages resulting from legal, commercial, corporate, tax, etc. choices made (and/or not made) by Users as a result of using the Services.

36. Without prejudice to cases of fraud or gross negligence, the User (i) acknowledges and accepts that the Company will not be liable in any way to the User for any damages, losses, costs, burdens, and expenses, direct or indirect, including any legal fees, suffered and/or incurred by the User in connection with the Services, and (ii) hereby waives any claim, even for reimbursement or compensation, against the Company. Notwithstanding the foregoing, the Company will not be liable in any way to the User for any delays or breaches of its obligations in relation to the Services if such delays or breaches result from Force Majeure.

37. The Company is not necessarily affiliated and/or partnered with natural and/or legal persons owning websites and/or tools, including AI, to which there are links within the Services and/or the Platform or which are included in the Services and/or the Platform, and is not responsible in any way for the content or operation of such websites and/or tools. A link from the Platform or Services or the inclusion in them of any website or AI tool does not imply that the Company approves, endorses, or recommends in any way said website or AI tool or has any control over any element of the content of said website or AI tool.

INDEMNITY

38. The User undertakes to indemnify and hold harmless the Company, its subsidiaries, and affiliates, as well as their respective representatives, partners, and employees from any damage, liability, cost, burden, or expense, including legal fees, arising from third-party claims resulting from the User’s use of the Services in a manner not in compliance with the Terms and Conditions and/or violations of the provisions therein, including declarations and warranties outlined in the relevant paragraph of the Terms and Conditions.

PRIVACY

39. In fulfilling its contractual obligations, the Company undertakes to comply with the provisions of Legislative Decree 196/2003, as amended (hereinafter, the “Code”), and EU Regulation 2016/679 (hereinafter, the “Regulation”; the Code and Regulation together, the “Privacy Legislation”) and, for this purpose, undertakes to adopt all necessary and appropriate physical, logistical, and organizational security measures to ensure respect for the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing.

40. Users' personal data are processed using manual and computerized tools, with logic strictly related to the purposes of the processing described in the Privacy Policy and, in any case, in such a way as to ensure the security and confidentiality of the data themselves. The User agrees that the Company has the right to access, store, transmit, use, and process all information provided in accordance with the terms of the Privacy Policy.

41. To better understand how the Company uses Users' personal data, the User is invited to consult the Privacy Policy.

42. The User expressly acknowledges and accepts that, when, through an Organization Account, they come into contact with an Individual Account, the Organization Account will act, towards interested parties who have activated an Individual Account, as an independent controller of the processing. It will therefore be up to the Organization Account to assess the purposes and the legal basis for the processing of such personal data (including, if applicable, special categories of data), without prejudice to the (i) acknowledgment of any objections to processing formulated by Individual Accounts by revoking the authorization to connect previously granted to the Organization Account, as well as the (ii) prohibition against using the data for purposes other than those that led to their publication and/or in violation of these Terms and Conditions, unless explicit consent is given by the interested parties, in accordance with the Privacy Legislation.

ASSIGNMENT

43. The User may not assign the Terms and Conditions, neither wholly nor partly, to third parties.

DURATION AND SURVIVAL OF CLAUSES

44. The Terms and Conditions are effective from the date of acceptance and will remain in force as long as the Account and/or Services are available to the User, unless early termination under the terms described in the Terms and Conditions and as provided below.

45. The following clauses of the Terms and Conditions will remain valid and effective even after the termination of the Terms and Conditions: User Commitments, Declarations, and Warranties; Responsibility - Limitation of Liability in Favor of the Company; Applicable Law and Jurisdiction; General Clauses.

RIGHT OF WITHDRAWAL

46. The User may withdraw from the Terms and Conditions at any time by deleting their Account.
47. If the User has an Organization Account, they acknowledge and accept that, upon deletion of the Account:

1. the Offers they have posted will be deleted from the Platform and/or, in any case, Individual Accounts will no longer be able to respond to them or send contact requests to the Organization Account;
2. they will lose access to the database made available to the Organization Account on the Platform and, more generally, to all the information contained in the Account.

48. If the User has an Individual Account, they acknowledge and accept that:

1. when the Account is deleted, their CV will be removed from the Platform and from any Organization Account databases present on the Platform, and it will no longer be possible to use the Services allowing the information contained in the CV of the Organization Account to enter the database made available to the Organization Account on the Platform, nor will it be possible to send contact requests to Business Users or be contacted by them;
2. the only Public Data from their CV may remain indexed in search engines even after the Account is deleted, without this constituting any liability on the part of the Company, and they hereby waive any claims against it in this regard.

49. If the User has purchased paid Services, the Company will refund the portion of the Fee related to any unused parts of the Services, by re-crediting the same payment method originally used for the purchase. In this regard, the User acknowledges and accepts that:

1. in order to receive the refund of the Fee, they must send a communication to the Company via email at [email protected] and/or through another method indicated on the Platform;
2. if the User is not a Consumer, the Company may, at its discretion, not proceed with the refund of the Fee for any unused parts of the Services;
3. if the User is a Consumer, they will have the right to obtain a refund in any case if they communicate their intention to withdraw from the Terms and Conditions within fourteen (14) days of purchasing the Services by sending an email to the address above or through another method indicated on the Platform, following the instructions provided there.

WARRANTY

50. If the User has purchased paid Services and is a Consumer, in the event of non-trivial defects of conformity in the Services, they will be entitled to the legal warranty for defects that emerge within two (2) years from the time the Services are made accessible to the User by the Company, according to the methods outlined in the Consumer Code relating to digital goods and services.

TERMINATION

51. The Company, pursuant to Article 1456 of the Italian Civil Code, may terminate the Terms and Conditions with immediate effect by simply sending written notice to the User, including via email, if the User has violated one or more of the following provisions of the Terms and Conditions: Payments; Intellectual Property Rights; User Commitments, Declarations, and Warranties; Assignment. In any case, the Company's right to claim damages remains unaffected.

APPLICABLE LAW AND JURISDICTION

52. The Terms and Conditions are entirely governed by Italian law.

53. Without prejudice to what is established for the protection of Consumers regarding the competent court, any dispute arising between the Parties concerning the validity, interpretation, execution, and termination of the Terms and Conditions and/or in connection with the Terms and Conditions shall be exclusively submitted to the Court of Milan, excluding any other concurrent or alternative jurisdiction.

54. If the User is a Consumer, in the event of a dispute, they may file a complaint through the European Union's Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT , as provided by Article 14 of EU Regulation No. 524/2013. Only Users residing in the European Union or Norway, Iceland, and Liechtenstein can use this service.

GENERAL CLAUSES

55. Any tolerance by the Company towards the User's conduct in violation of any provision of the Terms and Conditions does not constitute a waiver of the rights deriving from the breached provision or the right to demand proper compliance with all the provisions of the Terms and Conditions themselves.

56. The Terms and Conditions include the entire agreement reached by the Parties concerning the subject matter and prevail over all previous communications, declarations, agreements, whether oral or written, reached by the Parties.

57. If any term or provision of the Terms and Conditions is declared void, voidable, or unenforceable, all other conditions and provisions of the Terms and Conditions will nevertheless remain fully valid and effective.

58. The Company and the Users act with full autonomy and independence. The Terms and Conditions do not establish any collaboration, agency, association, intermediation, or subordinate employment relationship between them.

59. The User acknowledges and accepts that certain paragraphs of the Terms and Conditions contain some oppressive provisions, which are listed below, and therefore they must expressly accept them at the time of registration, pursuant to Articles 1341 and 1342 of the Italian Civil Code: Subject and Definitions, point 1; Conclusion of the Terms and Conditions, points 4 and 6; Registration and Description of Services, points 10, 11, and 13; Payments, points 15, 16, 18, 19, and 20; Intellectual Property Rights; User Commitments, Declarations, and Warranties; Responsibility - Limitation of Liability in Favor of the Company; Indemnity; Survival of Clauses; Applicable Law and Jurisdiction. The User is invited to read these clauses carefully, especially the listed points, before concluding the purchase of any Service, waiving any claims regarding them, even for reimbursement or compensation.