Terms of Use

Welcome to our Website and our Services! We hope you enjoy your stay. We know you are a good person but …

This Terms of use applies the Services offered by eye4talent or its subsidiaries. eye4talent may have patents or pending patent applications covering subject matter described in this document. The furnishing of this document does not grant you any license to these patents.

If you have any questions about this Terms of use, please feel free to contact us through our Website or write to us.

By using the Services you agree to be bound by (I) the following Terms and Conditions (“Terms of Use”) and (II) any and all Agreements entered between eye4talent and Customer. Any limitations of eye4talent’s obligations set out in Agreements between eye4talent and Customer shall also be fully applicable vis-à-vis the User.

In order to use the Service, you must first agree to the Terms of Use. You may not use the Services if you do not accept the Terms. Sounds strange we know. It’s standard legal language.

You can accept the Terms of Use by:

(A) Signing an agreement or clicking to accept or agree to the Terms of Use, where this option is made available to you by eye4talent in the user interface for any Services; or

(B) By actually using the Services. In this case, you understand and agree that eye4talent will treat your use of the Services as acceptance of the Terms of use from that point onwards.

Now, please enjoy and play nice.

1. Definitions

1.1 “Customer” means the individual or the legal entity who activates Services provided by eye4talent and assumes payment, if payment is involved, responsibility for the same vis-à-vis eye4talent.

1.2 “Content” means all visual, written or audible data, information or material including, without limitation: documents, spreadsheets, text messages, form entries, video, and similar material, which are uploaded to, transferred through, publicly posted, processed or entered into the Services by the User.

1.3 “Employer” means the legal entity entitled to ownership of the e-mail address used by the User upon registering to which the User is associated through an employment relationship, consulting arrangement or similar circumstances. Employer shall not mean an Internet Service Provider (ISP) or similar provider even though such provider may be entitled to ownership of the e-mail address utilised by the User.

1.4 “Services” means the web services, all the User’s Workspaces, associated software, and other services related thereto provided to the User by eye4TALENT in accordance with this Agreement and with the characteristics and features as described at www. eye4talent.com from time to time.

1.5 “Trial Service” ,if provided by eye4talent, means a Workspace or Service, which is provided free of charge or which is under development or evaluation and is marked or named “free”, “demo”, “trial” or “evaluation” (or a similar designation).

1.6 “User” means the individual who registers a user account and gains access to the Services provided by eye4talent.

1.7 “Website” means eye4talent’s website at www. eye4talent.com and sub domains.

1.8 “Workspace” means a single service with a defined set of subscription terms and limited group of Users who are authorised to access the Service.

2. Services and grant of rights

2.1 Subject to these Terms of Use and, if payment is involved, the subscription agreement with Customer, eye4talent hereby grants to the User a non-transferable, non-exclusive, non-sublicensable limited term right to access and use the Services.

2.2 In the event the User accepts these Terms of Use and creates a user account using an e-mail address belonging to either an Employer or a private e-mail address, that is used in conjuction with a professional relationship with the Employer, such user account may be or may later become subject to additional terms and conditions resulting from the Employer’s existing or future business relation with eye4talent. The User is aware of and acknowledges that the Employer, in such event, may effectuate actions that could change the nature of the Services provided to the User or impose access restrictions on the User’s access to the Services and Content. Such actions may include, without limitation, administrative actions by the Employer, instructions issued by the Employer to eye4talent and actions due, but not limited to, a reorganization, discontinuation of an employment or consulting relationship with the User.

3. User obligations

3.1 The User shall comply with the security and administrative regulations as notified in conjunction with registration, by e-mail, as made available on the Website, or in any other manner.

3.2 The User undertakes, in conjunction with registration, to provide correct information regarding the User’s identity and a correct and legitimate e-mail address.

3.3 The User shall be responsible for the activities conducted through use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User shall be the sole responsibility of the User.

3.4 The User shall be responsible for monitoring its Workspaces and shall be liable vis-à-vis eye4talent for ensuring that Content transferred to or handled within the Services which is processed by the User and/or individuals invited by the User does not infringe any third party rights nor in any other manner violates governing legislation, and that the User possesses such necessary licenses from third parties as may be required in order to process the Content/use the Services.

3.5 The User feedback or any comments or materials sent to eye4talent, including without limitation feedback, such as questions, comments, suggestions or any related information regarding the Software, this website or any other products, programs or services of eye4talent’s (“Feedback”), shall be deemed to be non-confidential. eye4talent shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

3.6 The User is aware and acknowledges that it is not permitted to use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practices.

3.7 The User undertakes not to use the Services in order to obtain material which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party’s copyright, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.

3.8 The User undertakes not to provide access to the Services to anyone else than individuals who have gained access to an account and thereby agreed to the Terms of Use. User accounts cannot be shared or used by more than one individual User.

3.9 The User is obligated to notify eye4talent regarding any suspected breach of these provisions.

4. Personal data, privacy

4.1 In order for the User to be able to use the Services, the User must provide certain data to eye4talent, including but not limited to full name, e-mail address and contact details. As provided in section 6 “Confidentiality”, eye4talent will not disclose to any third party any personal information pertaining to the User. Upon request, the User has the right to access the personal data related to the User. The User also has the right and the obligation to rectify such data. Further information may be obtained by contacting the data controller, eye4talent Technologies ApS.

4.2 In addition, in order for the User to be able to use the Services, the User must also allow eye4talent to store and retrieve session information on the User’s end terminal equipment, through the use of “cookies”. The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorised persons do not gain access to the Services.

4.3 According to the Personal Data Regulation No. 2016/679 on the protection of natural persons with regard to the processing of personal data (the “GDPR”), eye4talent must obtain the consent of the registered persons (i.e. the User) to the processing of the relevant personal data by eye4talent.

4.4 According to the Electronic Communications Act (2003:389), eye4talent must obtain the consent of the registered persons (i.e. the User) to the purpose of storage and retrieval of information on the registered persons’ end terminal equipment.

4.5 By accepting this agreement, the User explicitly consents to (a) the collection and processing by eye4talent of personal data as described above, (b) the storage of such data until the user account is terminated by the User, and (c) the storage and retrieval of information on the User’s end terminal equipment as described above.

4.6 eye4talent shall adopt reasonable measures to protect the privacy of the User. eye4talent’s information gathering and dissemination practices are set forth in the Privacy Policy applicable
from time to time, which is available on the Website.

5. Security, Password, Ect.

5.1 The User shall ensure that identities, passwords, and equivalent obtained by the User in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The User shall be liable for any unauthorised use of the Services. eye4talent shall have no liability for any loss or damage arising from the User’s failure to comply with these requirements.

5.2 Where it is suspected that any unauthorised person has become aware of the user identity and/or password, the User shall immediately inform eye4talent thereof.

5.3 The User shall be liable for losses or damage incurred by eye4talent where the User intentionally or negligently reveals the user identity/password to a third party. The User shall furthermore be liable for losses or damage incurred by eye4talent where the user identity and password otherwise become known to an unauthorised party, unless the User notifies eye4talent immediately upon suspicion that such has occurred.

5.4 eye4talent shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards. eye4talent’s security measures are set forth in the Security Policy as applicable from time to time, which is available on the website.

6. Confidentiality, Ect.

6.1 eye4talent undertakes not to disclose to any third party, or otherwise make available, information received by eye4talent from the User within the scope of this agreement. “Third party” in this section shall not mean the Users who have access to the same Workspace, unless the Users’ authorisation and access to the Workspace is specifically restricted by the User.

7. Amendments

7.1 eye4talent reserves the right to amend these Terms of Use at any time without prior notice. The User shall be informed of such amendments by e-mail or through the information being made available on the Website.

8. Term and termination, etc.

8.1 These Terms of Use shall enter into force upon acceptance by the User through execution of the Terms of Use in conjunction with registration. These Terms of Use shall remain in full force for an indefinite term until such time that all Workspaces and the User account are closed.

8.2 Upon termination of a Workspace, the Agreement with Customer or these Terms of Use, eye4talent shall not be responsible for the Content generated within the scope of the Workspace in question or the Services. Accordingly, the User must ensure that the User possesses the necessary back-up copies, etc. of the Content that the User desires to retain. eye4talent can deliver an XML based file as a free service on request or other types of extracts of data in a machine applicable format.

9. Access restrictions, premature termination

9.1 eye4talent shall be entitled, with immediate effect, to disable the User’s access to a Workspace or to the Services or to prematurely terminate this Agreement where: (a) the User uses the Services in a manner that entails the perpetration of a crime; (b) the User uses the Services in a manner that occasions losses or the risk of loss for eye4talent or any third party; (c) the User uses the Services in a manner that violates eye4talent’s security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) the User uses the Services in a manner whereby the User utilises resources or seeks unauthorised access to eye4talent’s systems

10. Assignment

10.1 The User shall not be entitled to assign his/her rights or obligations under these Terms of Use.

11. General provisions

11.1 These Terms of Use have been prepared in the English language and the same shall be controlling in all respects. Any non-English versions of these Terms of Use are provided solely for accommodation purposes.

11.2 If any provision of these Terms of Use are declared unenforceable for any reason, the remainder of the terms will continue in full force and effect, and the unenforceable provision shall be amended to the extent possible and permitted by law to achieve as nearly as possible the same intent and economic effect as the original provision.

12. Governing law and disputes

12.1 These Terms of Use and the ensuing relationship between eye4talent and the User shall be construed in accordance with, and governed by, the laws of Denmark.

12.2 Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Copenhagen Chamber of Commerce. The seat of arbitration shall be Copenhagen. The language to be used in the arbitral proceedings shall be English.