exelero
exelero
search
Terms of service
Version 1.0 as of 08/28/2023

Foreword

We at Exelero AG, Via Livio 1, 6830 Chiasso TI (Ticino), Switzerland (hereafter "Exelero") have as our mission to connect job seekers and employers worldwide. Our services are designed to facilitate the recruitment process for both employers and employees, particularly in matching suitable candidates and simplifying the application process. Employees, job seekers and candidates (hereinafter also referred to as "users") can create a job profile on our platform https://Exelero.com (hereinafter referred to as "platform" or "product"), which enables users to submit applications to employers, as well as store and manage all their applications and necessary documents in one place. When creating a user account, the user agrees that the following General Terms and Conditions (hereinafter referred to as "GC") shall apply exclusively:

1. General Provisions

These GC apply to all services offered by Exelero to users of our platform. These GTC apply exclusively. Any divergent, conflicting or additional terms and conditions of the user shall only become part of the contract if and to the extent that Exelero has expressly agreed to their validity. Exelero expressly reserves the right to make changes to these GTC. Changes to these GTC will become effective if the user does not object to the changes in writing within 2 weeks after receipt of the change notification and if Exelero has informed the user of this right to object and the applicable deadline in the change notification. If the user objects in writing to the change, the previous GTC will continue to apply. In this case, Exelero has the right to terminate the contractual relationship with the respective user within two weeks after receipt of the objection. Excluded from this right to change are changes that concern an obligation of one of the parties, the fulfillment of which is essential for access to Exelero's services and on whose fulfillment the other party regularly relies or can rely ("essential contractual obligation").

2. Subject matter of the contract, scope, and notice.

Exelero's primary obligation is to provide the platform. Through the user account, it is possible to create a career profile, which can be viewed by companies to which the user has applied for a job through the platform and on common search motodes (e.g., Google and Bing). In addition, users can manage the content and documents required for job applications through the platform, as well as search for job vacancies and monitor submitted applications. If the user submits an application through the platform, Exelero will do its best to forward it to the respective employer as part of its service. The data entered and data generated through the use of the platform are also used by Exelero to improve the matching algorithm in order to be able to suggest the user's profile to potential employers for open positions as well as suggest job offers that are increasingly relevant to the candidate. This does not entitle the user to demand that his or her application be proposed to certain employers. Furthermore, the user is not entitled to a specific design or configuration of the platform. Exelero reserves the right to update the platform at any time and to add or remove functionality in the course of this, as well as to modify it in whole or in part at its reasonable discretion, taking into account the user's interests, or to temporarily or permanently discontinue functionality, provided that this does not affect Exelero's essential contractual obligations from the contractual relationship and that this is deemed reasonable for the user. Exelero strives to ensure that the platform can be used as uninterrupted as possible. However, technical disruptions (e.g., power outages, hardware and software errors, technical problems in data lines) may result in temporary limitations or interruptions. Exelero provides the platform with an overall availability of 99% as an annual average. Availability is calculated net of periods required for maintenance. The platform will not be available during maintenance work. In addition, the right to use the content available on the platform is subject to the scope of Exelero's technical and operational possibilities. Exelero will regularly send the user, on its own behalf or on behalf of the companies posting job vacancies, an e-mail containing relevant information, such as the current status of a job application, whether an employer has taken any action in connection with a submitted CV or application, such as when an employer has opened or viewed the user's CV or application or made a decision. Job postings and other employer content that may be displayed on the platform are considered third-party content by Exelero unless clearly referenced by Exelero. Exelero does not control the completeness, accuracy, or legality of third-party content and therefore assumes no responsibility or warranty for the completeness, accuracy, legality, or timeliness of third-party content. This also applies to the quality of third-party content and its suitability for a specific purpose, as well as in the case of third-party content on linked external websites. Users, however, are provided with a feature by which through the platform they can report one or more job offers or content or that appear to violate legal provisions or the terms of use of the platform, and Exelero undertakes to follow up on these reports by verifying them in a timely manner.

3. Opening a user account

In order to use the platform, a user must first open an Exelero account. The minimum age for users is 18 years old. There is no absolute right to enter into a contract with the user. To open an account, a user is required to provide correct personal information, which can be verified. Accordingly, opening a user account by providing incorrect personal data is a violation of our TOS. This also includes user accounts opened in the name of others or for or by persons under the age of 18. In such cases, we reserve the right to extraordinary and final termination of the contract with the user. You confirm that the contact details and other information requested by Exelero during the registration process are complete and correct. The use of pseudonyms, abbreviations, and artist names is not permitted. To verify the information provided, Exelero sends the user a confirmation e-mail using the double opt-in procedure. The information submitted during the registration process is checked by Exelero for completeness and plausibility. If the information is deemed correct by us and there are no other concerns from our point of view, we will activate the requested access and notify the user by e-mail. By clicking on the confirmation link contained in the e-mail, or on any link contained in e-mails personalized with the user's first and last name (except for the link to request deletion of profile), the user accepts the offer to enter into a user agreement. The user is responsible for the secrecy of the registration data and is required to keep his or her user name and login password secret, not to pass them on, not to allow unauthorized persons or third parties to become aware of them, and to take necessary measures to ensure confidentiality. If a registered user forgets or misplaces his or her login information, or if there is a suspicion that his or her user account is accessible to a third party, the user must inform Exelero by e-mail at hello [@] exelero.com (the e-mail address given above is intended without the square brackets and without the spaces).

4. Use of the platform and prohibited activities

Exelero offers users the opportunity to create a detailed professional profile by answering specific questions about themselves and their professional career, as well as questions about their job search needs. The answers are necessary to optimize the user experience, as the additional information allows Exelero to offer the user the best possible career opportunities through the suggestion and recommendation function. In this case, the user's occupational profile is compared with the requirements profiles of the job ads. If the comparison shows that the user meets the requirements or that a job ad matches the user's profile, the user is suggested the corresponding job ad or employer, or the user's professional profile is suggested to the employer. This does not entitle the user to expect Exelero to suggest job openings to the user or to have the user's professional profile suggested to employers. The user is responsible for all content he or she posts and is required to comply with all applicable laws and other legal provisions, as well as the provisions of these GTC, when submitting job applications and creating or maintaining his or her professional profile. In particular, the user is prohibited from posting data or content such as text, images, logos, etc. that violates applicable laws, intellectual property rights, copyrights, or other rights of third parties. Files containing violent, pornographic, discriminatory, insulting, racist, defamatory or otherwise illegal content or representations are also prohibited and may not be uploaded and/or made publicly accessible or form part of the content conveyed through the platform. It is also prohibited to upload files in which third-party company names, trademarks or other commercial symbols or other protected logos appear, in whole or in part, unless the user has the relevant rights of use and/or authorization. Similarly, users are prohibited from taking any action that would impair the smooth operation of the platform, especially overloading Exelero's systems. In case of reasonable suspicion of breach of contract or illegal activity, Exelero has the right to audit the user's activities and, if necessary, to take appropriate legal action without prior notice. This may include blocking and deletion of content, deactivation of the user account or professional profile, termination of the contractual relationship, permanent exclusion from the platform, or referral of the facts to law enforcement or authorities designated by law. If Exelero terminates the contractual relationship with a user due to reasonable suspicion of breach of contract or illegal activity, the user has neither the right nor permission to open a new user account in his or her name or in the name of another or to use another user's account to access the platform. In case of negligent violation of the above obligations, the user shall immediately indemnify Exelero, upon first demand, from all consequential claims of third parties.

5. Duration and termination

The platform use agreement begins with an agreement pursuant to Section 3 and is entered into for an indefinite term. The user has the right to terminate the user agreement at any time and without notice, simply by requesting the closure of the account from the platform in the appropriate section. Exelero will then deactivate the user account and professional profile and irrevocably delete from its servers all data stored by the user on the platform and submitted applications. This is without prejudice to further processing based on legal retention obligations. Exelero has the right to terminate the contract with the user at any time in writing (e-mail) with two (2) weeks' notice. The right to terminate for good cause remains unaffected. Good cause entitling Exelero to withdraw is in particular if the user culpably violates the provisions of these GTC or otherwise behaves improperly or illegally in the contractual relationship.

6. Liability

Unless otherwise stated in these GTC, Exelero shall be liable within the scope of the use of the platform in accordance with the following provisions. If the user suffers damage as a result of the use of the platform provided free of charge, Exelero will only be liable if the damage has occurred despite contractual use, if the user has not acted negligently, and only in cases of intent (including willful misconduct) and gross negligence on the part of Exelero. The user is solely responsible for violations of his or her obligations, in particular for violations of trademarks, copyrights, and naming rights of third parties. This does not apply if the user is not responsible for the breach of obligations. The user shall indemnify Exelero against all claims by other users and third parties on first demand, which are asserted against Exelero due to a violation of rights or contract by a third party user.

7. Privacy

Data protection is a top priority for us, and we are committed to the highest quality standards. Details on the data processing carried out by Exelero can be found in the latest version of the Privacy Policy. Exelero is responsible for data processing through the platform under the LC, OC and DPA for Switzerland and GDPR for EU countries. If an application is transmitted to an employer through the platform, the employer is responsible under the Data Protection Act for the data processing that takes place after transmission. The data transmitted as part of the application, in particular the cover letter, CV, additional information in the job profile and documents, and contact details, are processed by the respective employer and may be stored locally.

8. Final Provisions.

Swiss law, where Exelero is headquartered, applies exclusively. Any changes or additions to these GTC and all declarations by the parties regarding membership must be made in writing (including by e-mail) to be considered valid. This also applies to the modification of the written form requirement. There are no additional verbal agreements to this contract. If any provision of these GTC is invalid in whole or in part, it will not affect the validity of the remaining provisions of the GTC.

circlecirclecirclecircle
Contacting Exelero
We welcome your questions. For more information about our terms, please contact us.