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Terms of Service for Witty Works' Diversifier

Diversifier.witty.works (hereinafter “Diversifier”) is a Software application (hereinafter "application") assisting businesses to write neutral job advertisements. The application is operated by Witty Works GmbH, based in Zurich (hereinafter "Witty Works").

Scope of the Terms of Service

The Terms of Service define the terms under which Witty Works provides services (hereinafter “service”) for its clients (hereinafter "clients" or “client”) of diversifier.witty.works.

Clients purchase the service and access the Diversifier Management System/Diversifier API to create job ads, (re-)edit them and/or view and export statistical data. Clients contain:

  • legal entities, including persons representing these entities in their use of the service.
  • private persons.

Witty Works reserves itself the right to update and change the Terms of Service without further notice or acceptance by the clients.

To use the Diversifier management system (hereinafter “management system”) / Diversifier API (hereinafter “API”), clients and their representatives must be at least 16 years old. The Terms of Service are also applicable to the use of the service on a trial basis.

Witty Works provides all services in connection with the Diversifier and the services offered exclusively on the basis of these Terms of Service, provided that there are no deviations from these Terms of Service confirmed in writing by Witty Works.

Description of Service

URL: diversifier.witty.works

Please beware that job ads being produced on diversifier.witty.works do - depending on the subscription - get published on jobs.witty.works. Jobs.witty.works has its own Terms of Service, see https://www.jobs.witty.works/agb. This service also includes the possibility to receive statistical data about the impressions and interactions a job advertisement has on jobs.witty.works.

Please beware that diversifier.witty.works payment system is managed by Stripe (www.stripe.com). Find all legal information here: https://stripe.com/privacy-center/legal. Analytics are provided by Google Analytics (analytics.google.com).

Witty Works provides its clients with a web-based management system to create and edit job advertisements (hereinafter “job ads”) that are neutral in their use of language and thus are attractive for female talents as well as other people with diverse backgrounds.

Contractual obligations on registration

For registration, clients provide Witty Works with all necessary information, especially with a valid email address. In case of payment by invoice or credit card, this also applies for the company name, address and the credit card details. Clients accept the use of their email address for Witty Work's information purposes concerning its service and its Terms of Service. Clients agree to provide true, accurate, current and complete information about themselves.

Clients also agree to maintain and promptly update the data to keep it true, accurate, current and complete by communicating with Witty Works via email or via the application.

Clients agree to maintain the confidentiality of the password and account and are fully responsible for all activities that occur under their password or account. Clients are liable for unauthorized uses of the service, as long as it is their failure. If clients know that a third party has knowledge of their password, they should immediately change it or - if this is not possible - inform Witty Works about it without further delay.

During the registration process, clients choose a type of subscription (hereinafter “plan”).

If choosing the free plan, the account of the client is opened on the management system, however not visible to the client.

The client receives an authentication request after initializing their account. The account is only opened after confirmation of the authentication request.

Contractual obligations on payment

If choosing a paid plan, the registration process is the same as for a free plan client. Additionally, the client chooses to pay via credit card or by invoice.

All currency references are in EUR.

Please note, unless Witty Works gives notice to the contrary, payment for the service is billed on a recurring basis (monthly or yearly), without notice, and is non-refundable.

By Invoice

When paying by invoice, the process involves some manual steps done by Witty Works.

  1. After having chosen to pay by invoice, the client contacts Witty Works via email.
  2. Witty Works will send an invoice via mail to the client.
  3. As soon as payment arrives, the account is opened.

By credit card

When paying by credit card (Visa, MasterCard, American Express), Witty Works and clients accept the Terms of Service of the credit card issuer.

  1. After having chosen to pay by credit card, the client’s details get created on Stripe (https://stripe.com). A 3D authentication will follow. After that the card is directly charged.
  2. The account will be opened and the management system is made available to the client.
  3. Stripe sends an invoice to the client, via the given email address of the account.
  4. In case the card is not functioning and payment cannot be proceeded, Stripe tries four times in 2 weeks. If these attempts are unsuccessful, the subscription is cancelled. The client, if wanting to subscribe again, must log in and purchase a subscription again.

Roll over / Termination

Termination in case of payment by credit card (monthly or yearly)

The client cancels the service via the app.
If the client cancels the service before the end of the term (monthly or yearly), their cancelation will take effect at the end of the paid term.

Termination in case of payment by invoice (monthly)

The client cancels the service via the app.
It must be cancelled at the latest on the 20th day of the term, e.g. the cancellation period is 10 days.

If the client cancels the service before the 20th day of the monthly term, their cancelation will take effect at the end of that term.

If the client cancels the service after the 20th day of the monthly term, their cancelation will only take effect at the end of the next term.

Examples:

Term date: 21 July - 20 August
Cancellation date: 5 August
Cancellation takes effect on 20 August

Term date: 21 July - 20 August
Cancellation date: 13 August
Cancellation takes effect on 20 September

Termination in case of payment by invoice (yearly)

The client cancels the service via the app.
The cancellation for the following year must arrive at the latest 30 days before the renewal of the yearly term, e.g. the cancellation period is 30 days. Their cancelation will take effect at the end of that yearly term.

If a client does not cancel within the cancellation period, their cancelation will only take effect at the end of the next yearly term.

Examples:

Term date: 18 May 2019 - 17 May 2020
Cancellation date: 2 April 2020
Cancellation takes effect on 17 May 2020

Term date: 18 May 2019 - 17 May 2020
Cancellation date: 30 April
Cancellation takes effect on 17 May 2021

The responsibility of timely cancellation lies in the hands of the client. Witty Works bears no liability for belated cancellation. In case of belated cancellation no refunds are provided and the service continues automatically.

After cancellation takes effect, the client will no longer have access to their account and all information contained therein may be deleted by Witty Works. Witty Works accepts no liability for such deleted information or content.
The client will not be charged for any further term after the cancellation takes effect.

Witty Works may immediately terminate the service if the client does not follow the terms of service or if they do something unlawful. The client has to bear all costs which occur during such an instant dismissal. Further, the client agrees that all terminations for cause shall be made in Witty Works’s sole discretion and that Witty Works shall not be liable to the client or any third-party for any termination of their account, any associated email address, or access to the Service.

Privacy Policy

Witty Works takes privacy seriously. Please read our Privacy Statement for details.

We exclude any liability for all information which is made public by clients themselves.

Terms of Use

The client is fully responsible for the content within and the display of their job ads. They refrain from doing anything unlawful and/or not in accordance with these ToS. All clients commit themselves to follow the ethic and generally accepted rules of the internet community. This includes owning the copyright of pictures, logos or illustrations used by the client to create job ads.

The client is fully responsible for their contents and will bear all costs, if Witty Works has costs due to the contents within a job ad or presentation/context of the job ad of a client. The client has to ensure that their use of the job ad is lawful.

The client accepts to respect all national and international agreements and treaties especially concerning patents, trademarks, trade secrets, copyright, rights of privacy or publicity or any other proprietary rights of any party. The client agrees to never use a job ad, generated with the Diversifier, of which the content is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. This applies especially to the circulation or linking or offering of pornographic and/or violent materials, incitement to crime of any kind and discrimination of any kind.

Witty Works is not bound to oversee and control the content of its clients’ job ads generated by the Diversifier. The following is strictly forbidden on any account:

  • contents, which harm privacy rights (Swiss Law: StGB 179)
  • Racist and discriminatory contents (Swiss Law: StGB 261bis)
  • Contents which include violence (Swiss Law: StGB 135)
  • Incitement to violence (Swiss Law: StGB 259)
  • Pornographic Materials (Swiss Law: StGB 197)
  • Informations and data which harm Copyrights, Trademarks or any other proprietary rights

If Witty Works gains knowledge of such a case, Witty Works has the right to immediately terminate the business relationship and to block and/or erase the account. Claims for compensation, as well as other legal measures are reserved.

It is also forbidden to use a job ad, generated by the Diversifier, to transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any telecommunications equipment or computer software or hardware. Witty Works reserves itself the right to deactivate any account without warning, till the case is resolved.

For contents which need a lot of bandwidth, like for example accounts with legal file downloads, you have to get our approval.

Contents

The client assures that they have the full rights of all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials published on their account. Therefore the client is solely and entirely responsible for any third party claim or demand. The client agrees to indemnify and hold Witty Works harmless from any such claim or demand.

Witty Works does not claim ownership of the content in clients’ job ads. By submitting content on a Diversifier account, the client grants Witty Works a world-wide, royalty-free, and non-exclusive license to rewrite and publish the given job ads solely for the purpose of displaying, distributing and promoting your job ads on Witty Works’ internet properties.

Liability

Witty Works will make reasonable efforts to maintain the service. The use of the accounts is nevertheless at the sole risk of the client.

Witty Works does not warrant that the service will be uninterrupted, timely, secure or error-free.

Witty Works is not responsible for any damage which has been caused by third parties (virus, hacking etc.). The information provided by the client as well as the claims by any third party lies only within the responsibility of the client. Witty Works is also not responsible for any other damage (problems occurring during data transmissions, loss of data, customer information or vendor data, etc.).

Witty Works is not liable in case of access or transmission problems occurring with a third party (for example T-Mobile, Swisscom, Vodafone etc.) or due to force majeure, repairs, maintenance, or the introduction of new technologies.

Witty Works could only be made responsible in an act of gross negligence by Witty Works itself. The gross negligence has to be proven by the party which will make the claim. The liability is maximum the price of an account for one year.

Witty Works reserves itself the right to sue for damages all clients which misuse data or use it for a criminal purpose, hack or attack the Witty Works infrastructure. Witty Works also reserves itself the right to sue all clients who disrespect the rules in this terms of service.

In case of dysfunctions

To help our clients, Witty Works can be reached via email on support-diversifier@witty.works during Swiss office hours.

For serious problems, please call us at: +41 44 291 00 22.

In case of dysfunctions, Witty Works tries to act as quickly as possible. No claims can be made, if the service is temporarily unavailable due to dysfunctions, repairs, introduction or installation of new features or technologies or similar cases.

If there are special requirements concerning the availability of the service, they have to be arranged in a separate Service Level Agreement (SLA).

Invalidity of parts of the Terms of Service

Should parts of this ToS be effectless or be considered void or invalid, other parts should not be touched by this. They remain intact and valid. The void or invalid parts have to be replaced by similar, legally valid terms.

Place of jurisdiction

This terms of service are governed by Swiss law. The place of jurisdiction is Zurich, Switzerland. Witty Works has however the right to sue a client at any legal venue.

Updated on: November 2019