Terms of Service

Welcome to Clubyte and our website at clubyte.live (our “website”) and Clubyte our Software as a Service community platform (our “SaaS”). These Terms of Service (these “Terms”) constitute a legal agreement between you and Clubyte governing the use of our resume builder services.

1. ABOUT US
   • Clubyte, made by Wiesmann Solutions Engineering, Bächirainstrasse 4, 6422 Steinen, Switzerland (“Clubyte”, “we”, “us”, “our”).
   • We make our SaaS and its underlying functions accessible to you depending on your selected plan (our “Services”).
   • To contact us, please email us at support@clubyte.live, use our Contact Form, or write to us at the above address.
   • Our Privacy Policy equally applies to these Terms and forms an integral part of these Terms.
   • These Terms were last updated on Tuesday, 09th of Juli, 2024, and are the current and valid version.

2. GENERAL TERMS
   • We license use of our Services to you on the basis of these Terms to the exclusion of any terms and conditions you purport to apply. We do not sell our Services to you, and we remain the owner of our Services at all times.
   • The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us.
   • We may change these Terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.
   • We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Services or your account at any time, if we determine that you have breached these Terms.
   • We reserve the right to change, modify, suspend or discontinue any portion of the Services, these Terms, our website or any other products, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time.
   • You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
   • If you are using our Services on behalf of a company, organization or other legal entity , you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

3. LICENSE
   • Subject to your payment obligations, we grant you, unless specifically agreed in writing, a personal, non-exclusive, non-assignable and non- transferable right to access and to use the Service within the limits determined by the plan chosen by you.
   • The license is granted for the sole and exclusive purpose of enabling you to use the Service for your personal, non-commercial use purposes only and to the exclusion of any other purpose.

4. YOUR ACCOUNT
   • By registering for an account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Services, you agree and acknowledge that:
     • you are at least 18 years of age and not a minor in your country of residence;
     • you have read the terms set out in these Terms and agree to be bound by and comply with them.
   • You are responsible for maintaining the confidentiality of your account and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.

5. SERVICE USER ACCOUNTS
   • In addition to your account as set out in Clause 4, above, (“Primary Account”) you may activate user accounts (“User Accounts”) and administrator accounts (“Admin Accounts”) and both collectively (“Service User Account”). For this purpose, you may invite individuals connected with your legal entity (“Service User”) to log on to our Services via your Primary Account and create corresponding additional Service User Accounts.
   • You warrant that you will only invite Service Users if you are authorized to do so. Before sending an invitation, you are obliged to ensure that the Service User agrees to receive the invitation. In the event that a Service User asserts claims against us due to unsolicited sending of the invitation, you shall indemnify us to that extent against all claims in connection with the sending of the invitation. We reserve the right to assert further claims against you arising from this matter.
   • In the registration form, each Service User has to create a password. By sending the completed registration form, the Service User gets access to said Service User Account.
   • Access to admin accounts is only permitted to natural persons with unlimited legal capacity and only in their own name.
   • Service Users must have reached the age of 18 at the time of registration.
   • You can restrict or delete Service User Accounts at any time via your Primary Account.
   • Service User Accounts are automatically terminated at the end of the Term.

6. SUBSCRIPTION
   • Our Services require payment of subscription fees before you can access or use them (“Fees”). These Fees will be notified to you through our pricing plan.
   • If you purchase a recurring subscription from us, the subscription period for your Primary Account shall be renewed automatically at the expiry of each subscription period (“Term”), until terminated successfully. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:
     • upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
     • on the renewal date of the subscription period thereafter, without any further action by you.
   • Any Fees due in relation to your Primary Account must be paid by their due date for payment, as notified to you through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Primary Account and/or our
   • Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
   • You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
   • All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
   • We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
   • Unless otherwise notified in writing by us, termination of your Primary Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription, you may continue to access your Primary Account until the expiry of the subscription period in which the cancellation occurred.

7. END OF LIFE

We reserve the right to End-Of-Life (EOL) the Service at our sole discretion and shall provide 3 months notification of such EOL event. If you prepaid Fees for a service which is subject to EOL, we will use commercially reasonable efforts to a) transition you to a substantially similar Service or b) upon our express written agreement, ensure the Service availability, without uptime guarantee or test bug fixes, patches, or enhancements to the Services.

8. AVAILABILITY
   • Although we will try to provide continuous access to the Service, we cannot and do not guarantee that our Services will be available 100% of the time and will not be liable in the event our Services are unavailable.
   • You acknowledge that availability of our Services depends further on your compliance with your usage allowances as per your selected plan and scheduled and emergency maintenance periods. We undertake to notify you of scheduled and unscheduled outages that are expected to take more than four (4) hours.

9. SERVICE LEVELS AND SUPPORT
   • During the Term, we shall render all commercially reasonable efforts to provide technical support to assist you in using our Services as per your selected plan and our Service Level Agreement. The total amount of technical support provided by us shall be governed under the fair use principle.
   • We have no obligation to provide any support:
     • for anything other than our Services;
     • if you or a third party has altered or modified any portion of the Services;
     • if you have not used the Services in accordance with the documentation or instructions provided by us;
     • to anyone other than you.
   • Unless, otherwise stipulated in our Service Level Agreement, the response time for contacts concerning technical support made by you will not exceed 72 hours. If the response time exceeds 72 hours, we will present you with a technical justification and define a new deadline for carrying out and completing the support service.

10. PROPRIETARY RIGHTS
    • You acknowledge and agree that we own all intellectual property rights in our Services. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of our Services.
    • You confirm that you have all the rights in relation to our Services that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.

11. UPLOADING CONTENT
    • You are fully responsible for data, text, sounds, images, graphics, music, photographs uploaded by you or your Service Users to our Services (“Content”). We will not be responsible, or liable to any third party, for:
      • the content or accuracy of any content or data uploaded or produced by you using the Services; or
      • the loss of any content or data uploaded or produced by you using the Services. You should keep a record of all such content and data.
    • We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content or data uploaded or produced by you using the Services, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • We may use the content or data uploaded or produced by you using the Services for the purpose of data analytics or to further develop our Services. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the website.
    • We have the right to disclose your identity to any third party claiming that any content or data uploaded or produced by you to our Services constitutes a violation of their rights under applicable law.

12. CONTENT LICENSE
    • By providing Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Content within the Services. The use and distribution may occur in any media formats and through any media channels.
    • This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Content, and you warrant that moral rights have not otherwise been asserted in your Content.
    • We do not assert any ownership over your Content. You or the relevant Service User retain full ownership of all of your Content and any intellectual property rights, or other proprietary rights associated with your Content. We are not liable for any statements or representations in your Content provided by you in any area of our Services.
    • You are solely responsible for your Content, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content. We have no obligation to monitor your Contributions.

13. PROVIDING DATA
    • You irrevocably and unconditionally represent and warrant that any of your data provided complies with our Privacy Policy, Switzerland’s new Data Protection Act (“nDSG”) and the EU General Data Protection Regulation (“GDPR”) and any other applicable laws.
    • You are fully responsible for your data provided to our Services. We will not be responsible, or liable to any third party, for:
      • the content or accuracy of any data provided or produced by you using the Services; or
      • the loss of any data provided or produced by you using the Services. You should keep a record of all such data.
    • We will only use the data provided by you for the purposes of carrying out the Services, carrying out our obligations in these Terms and any other purpose expressly set out in these Terms or otherwise agreed between us. We will not otherwise disclose or distribute the data provided or produced by you using the Services, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • We have the right to disclose your identity to any third party claiming that any content or data uploaded or produced by you to our Services constitutes a violation of their rights under applicable law.

14. SERVICE DATA
    • If you wish to use our Services and its features, we process the data you provide (depending on how you are using our Services) which may include Personal Data, and Special Category Data or non-personal data of you and your Service Users that you and your Service Users make available to us (“Service Data”).
    • You shall own all rights, title and interest in and to all of your Service Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of your Service Data.
    • If we process any of your Service Data on your behalf when performing our obligations under this agreement, the parties record their intention that you shall be the data controller and we shall be a data processor and in any such case:
      • you acknowledge and agree that your Service Data may be transferred or stored outside the country where you are located in order to carry out the Services and our other obligations under this agreement.
      • you shall ensure that you are entitled to transfer your Service Data to us so that we may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf;
      • You shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
      • We shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by you from time to time; and
      • each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage.

15. PROHIBITED USES
    • You may use our Services only for lawful purposes. You may not use our Services:
      • in any way that breaches any applicable local or international laws or regulations;
      • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
      • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • You also agree:
      • not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of our Terms; and
      • not to access without authority, interfere with, damage or disrupt:
      • any part of our Services;
      • any equipment or network on which our website and Service is stored;
      • any software used in the provision of our Services; or
      • any equipment or network or software owned or used by any third party.

16. COMPLIANCE WITH LAWS AND REGULATIONS
    • You will use commercially reasonable efforts to ensure, through proper instructions and enforcement actions, that all access to and use of the Platform by you or your Service Users or otherwise through your facilities, equipment, identifiers, or passwords, will conform to these Terms and will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law or regulation, the rights of any third party, or these Terms.
    • You acknowledge that you are required to provide your own contractual agreements and policies (including without limitation Privacy Policy, Content Standards, and Terms of Service) (“Contractual Agreements”), if you are integrating our Services within your or your legal entities services. You are solely responsible for your legal obligations, and you expressly agree to exonerate us from any and all responsibility regarding your Contractual Agreements. We have no obligation to provide your Contractual Agreements.

17. TECHNICAL REQUIREMENTS AND RESPONSIBILITY
    • Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
    • This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.
    • This Software does not guarantee that the services offered can actually be used with the User’s device.

18. SUSPENSION AND TERMINATION
    • We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Services. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
    • Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our Services, and may result in our taking all or any of the following actions:
      • immediate temporary or permanent withdrawal of your right to use our Services;
      • immediate temporary or permanent removal of any services rendered;
      • issuance of a warning to you;
      • legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
      • further legal action against you; and/or
      • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    • We exclude liability for actions taken in response to breaches of these Terms. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

18. INTELLECTUAL PROPERTY RIGHTS
    • You acknowledge that all intellectual property rights in our Services anywhere in the world belong to us, that rights in our Services are licensed (not sold) to you, and that you have no rights in, or to, our Services other than the right to use them in accordance with these Terms.
    • Any intellectual property rights in content uploaded by you to our Services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of our website.
    • You acknowledge that you have no right to have access to our Services in source code form.

20. WARRANTIES
    • We hereby make no specific guarantee or warranty of any kind and exclude all promises, whether expressed or implied, including any promises that use of our resume builder and our Services will achieve any specific results, leads to actual job offers, new prospects and opportunities or agreements following the delivery of our Services.
    • While we make all efforts to maintain the accuracy of the information on our website, we provide the Services, website and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
    • Clubyte, as the product from Wiesmann Solutions Engineering. makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the Services and on our website.
    • Clubyte, as the product from Wiesmann Solutions Engineering, cannot guarantee that the content and information of our Services and on our website will always be correct or fault, error and virus free.
    • Clubyte, as the product from Wiesmann Solutions Engineering, does not accept liability for incorrect content or errors and omissions in Services and on our website or its content (whether of legal, typographical, technical, or other nature).
    • To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, the related content, or electronic communications sent by us are free of viruses or other harmful components.

21. LIMITATION OF LIABILITY
    • We are not liable for the completeness, accuracy or correctness of any information and any related content in our Services and on our website. You expressly agree that your use of the Services and our website, including reliance on any content and information, is at your sole risk.
    • You agree not to use the Services, our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss or corruption of data or information;
      • loss of business opportunity, goodwill or reputation; or
      • any other indirect or consequential loss or damage.
    • Nothing in these Terms shall limit or exclude our liability for:
      • death or personal injury resulting from our negligence;
      • fraud; and/or
      • any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
    • Our website is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
    • These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

22. INDEMNITY

You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

23. FORCE MAJEURE

We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors and will notify you of such an event and its expected duration as soon as reasonably possible.

24. OTHER IMPORTANT TERMS
    • We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
    • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    • No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
    • These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    • These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Switzerland. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of the canton of Schwyz.