Terms of Use | CV Genius

Last updated: 23 February 2024

Thank you for choosing CV Genius to create your CV and cover letter. These Terms and Conditions are an agreement between you (‘you’) and Sonaga Tech Limited, Hamilton, Zweigniederlassung Luzern. When applicable, Tripod Jet, LLC may additionally act in our contract as a merchant of record, in which case Sonaga Tech Limited, and Tripod Jet, LLC are each referred to herein as the ‘Company’ or ‘we’ or ‘us’ or ‘our’). We are committed to protecting and maintaining your rights, as well as those of the Company, and providing the best possible experience for all parties. If you have any questions or concerns about our policy or our practices please contact us at support@cvgenius.com.

We provide CV building services and other career-related tools and advice. To have full access to the services you may be required to register an account. Each time you visit our website https://cvgenius.com (‘Site’) and use any of our services, you expect us to provide a safe, well-managed experience. These Terms and Conditions are meant to help you understand our own guidelines with regards to Site management and how we deal with various situations. We hope you take some time to read through them carefully, as they are important. If there are any terms of these Terms and Conditions that you do not agree with, please discontinue use of our site and our services.

From time to time, we may make changes to these Terms and Conditions. When any changes are made, we will update the ‘Last Updated’ date at the top of this document and notify you through the Site, so please check back in every now and then to ensure that you are still in agreement with our guidelines and practices. If you would like to receive a copy of a previous version of this document please contact Customer Service.

Table of Contents

When do these Terms & Conditions apply?
Our stance on electronic records & intellectual property
User registration, eligibility, & representation
What payments are accepted & how are payments processed?
Which activities are prohibited by us?
What is our stance on user generated content?
How do we manage the site?
Where can you find our Privacy Policy?
Our Digital Millennium Copyright Act (DMCA) notice a nd policy
How do we handle copyright infringement?
Can we modify or interrupt service?
How do we handle disputes?
Our disclaimer
If you are a California user and resident, who should you direct your complaints to?
Miscellaneous
How to contact us

1. WHEN DO THESE TERMS & CONDITIONS APPLY?

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’) and us, concerning your access to and use of the Site.

In order to help make the Site a secure environment, all users are required to accept and comply with these Terms and Conditions and our Privacy Policy. You agree that by accessing the Site and/or using its services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these terms and conditions, then you are expressly prohibited from using our Site and services, thus, you must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time for any justified reasons, such as:

complying with new legal or regulatory requirements that affect the provision of our Services,
fulfilling legal obligations resulting from official decisions or rulings,
implementing security measures to prevent unlawful use of our services and protect your data,
adapting to technical or technological changes that affect how we provide our services,
introducing new services and solutions, or improving user experience,
adjusting payment rules due to market fluctuations or changes in the scope of our paid services,
correcting obvious typos and errors.

Any changes we make to these Terms will apply to our future contractual relationship with you, unless otherwise stated. If any change is found to be invalid or ineffective, it will not affect the validity of any remaining changes or conditions. When any changes are made, we will update the ‘Last Updated’ date at the top of this document, and provide you with a notice on the Site Dashboard. Note that correcting obvious errors or typos, and adding or changing hyperlinks that don’t affect our relationship, do not require prior notification. Your continued use of the Site after the revised policy is posted will be interpreted as your awareness and acceptance of the new terms.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site or use our services.

HOW DO YOU EXPRESS YOUR ACCEPTANCE OF THESE TERMS?

By registering for an account or by accessing the Site, you demonstrate your acceptance of these Terms and Conditions, the Privacy Policy and all other related policies herein referenced.

Your registration of an account constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the Privacy Policy, and any other agreements or policies as required by our Site. You may not share your Account or password with anyone. You are required to notify us immediately of any unauthorised use of your password or any other breach of security at support@cvgenius.com

2. OUR STANCE ON INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the services are our proprietary property. All content on the Site is owned or controlled by us or licensed to us, and is protected by copyright and trademark laws, various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. ‘Content’ includes in particular source code, databases, functionality, software, CV designs, audio, video, text, photographs and graphics.

The Content and the marks, which include trademarks, service marks and logos (‘Marks’), are provided on the Site ‘as is’ for your information and for your personal use only. Except as expressly provided in these Terms and Conditions or another form of express written permission, no part of the Site or the services and no Content or Marks may be:

copied
reproduced
aggregated
republished
uploaded
posted
publicly displayed
encoded
translated
transmitted
distributed
sold
licensed
or otherwise exploited for any commercial purpose whatsoever

Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

3. USER REGISTRATION, ELIGIBILITY, & REPRESENTATION

HOW CAN YOU REGISTER FOR AN ACCOUNT?

You may be required to register with the Site in order to access our services. You agree to keep your password confidential and will be responsible for all use of your account and password.

To register for our Site and properly use the Service, you will need a valid email address, computer or other multimedia device with installed software that allows you to browse websites (e.g. Internet Explorer, Firefox, Opera, Chrome, Safari), with access to the Internet, using browsers that support cookies in accordance with our Cookie Policy. We recommend you print out and retain records and notices in paper form or some form of electronic storage, since these are important documents. When you build your CV using our tools you will be able to download a free .txt version as well as create an account and use our CV storing tool. To ensure that we can provide you with a smooth and efficient service, we ask that you keep your personal information up to date.

By using the Site, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity (in other words, you are not under the age of 18 or a minor pursuant to the laws of your Country of residence) and you agree to comply with these Terms and Conditions;
You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
Your use of the Site or the services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, or legality of any of the information contained in your CV. You understand and agree that the Content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s Content.

HOW CAN YOU DELETE YOUR ACCOUNT?

You can delete or deactivate your account by login in and click on the ‘My Account’ link located in the upper right hand menu. If you have questions or problems deleting your account please Contact Us. Once your account is deactivated or you delete some of its content, it will no longer be visible to other users. Nonetheless, if other users previously made a digital copy or saved it on their computer, we will not be able to access and delete that information. To the extent permitted by law, they may be content that we create for you and may not be deleted once uploaded. Even when you delete your account or your personal information is deleted from our systems we may retain some information for legitimate internal business purposes. This information may not be accessed again by you or third parties within the Service. Cancellations will take effect at the end of the current paid term.

4. WHAT PAYMENTS ARE ACCEPTED & HOW ARE THEY PROCESSED?

OUR POLICY ON PURCHASES AND ACCEPTED PAYMENT METHODS

Charges for our services shall be paid via credit or debit card, ACH, or other means agreed between a user and us. Charges incurred on a periodic basis are charged in advance and shall be subject to automatic renewal. We may change prices at any time providing you with an option to cancel the subscription before it occurs. Users agree to such automatic renewals and charges to users’ credit or debit card, ACH, or other payment mechanism, without requiring prior authorisation in each instance, subject to users cancelling their accounts.

In the event of any failure by a user to make payment, the user will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such amounts. We reserve the right to suspend performance of the services for which a user fails to make timely payment hereunder or under any other agreement with us. If the total recurring amount due cannot be charged due to insufficient funds, you hereby authorise us to make a partial charge of the available balance. The rest of the amount due will be charged as a separate transaction to either the same card or any other card on file. Users shall be responsible for all taxes due on the sale of the services to a user, including interest and penalties thereon (exclusive of taxes based on the Site’s net income), which taxes shall include, without limitation, any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, sales, use or withholding taxes. If you are located in the US your payments may be processed by Tripod Jet, LLC. If you are located outside of the US your payments may be processed by Sonaga Tech Limited, Hamilton, Zweigniederlassung Luzern.

You agree to pay all charges that are displayed at the time of purchase, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. You agree that our third-party vendors may store your payment information. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

Your transaction may be subject to differences in prices, because of exchange rates, depending on where you transact with us, the type of payment method used, and where your payment method was issued. Also, we may offer different prices depending on the type of experience you wish to go through and the tools available. We will not make any compensation or reimbursement for charges imposed by your bank or card issuer, including for any foreign currency exchange rates.

CVGenius.com may provide a full refund to customers who are still within their 14-day subscription term. Customers who wish to redeem a refund must contact customer service prior to the end of their trial subscription term either by calling customer support at (866) 215-9048, emailing support@cvgenius.com, or by using live chat via CVGenius.com.

You may cancel your subscription at any time without additional charges, and the cancellation will take effect at the end of the current billing period. Remaining part of the subscription remains active and is not refundable. Once the current billing period ends, the subscription expires, and you no longer have full access to the Site.

If you’re a consumer, you also have the right to withdraw from these Terms without specific reason within fourteen days from purchasing the subscription. You have to submit a declaration of withdrawal to us. We won’t charge any additional costs for the withdrawal, but we may stop providing services immediately upon receiving your statement. You can send a declaration to the address indicated in section 17 or by emailing support@cvgenius.com with the title ‘Withdrawal from Terms’. The declaration must clearly indicate your intention and can be submitted on the form shared below. You need to send the notice before the deadline.

EXAMPLE TEMPLATE

(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee – Sonaga Tech Limited, Hamilton, Zweigniederlassung Luzern Hertensteinstrasse 51, 6004 Luzern, Switzerland.

– I/We(*) hereby inform/we(*) of my/our withdrawal from the contract for the provision of the ………………

– The date of conclusion of the contract:……………….

– Name of the consumer(s):…………………………..

– Address of the consumer(s):……………………………

– Signature of the consumer(s) (only if the form is sent on paper):………………………….

– Date:………………………………….

(*) Delete where not applicable.

5. WHICH ACTIVITIES ARE PROHIBITED BY US?

The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
Engage in unauthorised framing of or linking to the Site;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services, or submit false reports of abuse or misconduct;
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site.
Attempt to impersonate another user or person, or use the username of another user;
Collect or store personal information from other users;
Use our services as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the CV building services to you;
Delete the copyright or other proprietary rights notice from any of the Content;
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interfere with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the services;
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’);
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
Use the Site in a manner inconsistent with any applicable laws or regulations;
Having duplicate or shared accounts;
Falsely implying a relationship with us or another company with whom you do not have a relationship;
Misrepresenting experience, skills, or information in your CV;
Without our prior written permission, to use information obtained from the Site to transmit any commercial; advertising or promotional materials or to advertise or offer to sell or buy any goods or services for any purpose.

6. WHAT IS OUR STANCE ON USER GENERATED SUBMISSIONS AND CONTENT?

You acknowledge and agree that any CVs produced by our Site or provided by you to us, as well as any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or CVs produced by our Site or provided by you to us (collectively ‘Submissions’) are non-confidential and shall become our sole property.

As part of the offerings the Site may make available forums that will allow you to exchange information and ideas with other users or third parties. You may make use of the forums available on the Site at your own risk. When you disclose information or rely on any information in the Forums, you do so at your own risk. The Site will not be liable for any loss or damage for your use or reliance on information that was available on the forums. By using and commenting on these forums you agree and understand that the opinions there stated only reflect your opinion or that of another user and does not represent the opinion of the Site. We do not sponsor and are not affiliated to any of the comments made on the forums, are not responsible for the content posted or its truthfulness, embedded messages or inconsistent results.

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. To the extent waiving moral rights as described above is inadmissible under applicable laws, you undertake not to exercise your moral rights in the User Content. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other mediums. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, articles, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. All user generated content described in this paragraph will collectively be described as ‘User Content’ throughout this agreement.

All Content may be viewable by other users of the Site and through third-party websites. As such, any Content that you submit may be treated as non-confidential and nonproprietary. Content may be shared with third parties such as our business partners or affiliates to facilitate our legitimate business interests or to offer you third party products. When you create or make available any Content you thereby represent and warrant that:

You are the creator and owner of the User Content. If you do not own it, you have the legal right to use the User Content.
If you include the real names or faces of people in your User Content, you have permission from those people to use them.
Your User Content is not false, inaccurate, or misleading.
Your User Content is not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your User Content is not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your User Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
Your User Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your User Content does not violate any applicable law, regulation, or rule.
Your User Content does not violate the privacy or publicity rights of any third party.
Your User Content does not contain any material that solicits personal information from anyone under the age of 18, or exploits people under the age of 18 in a sexual or violent manner.
Your User Content does not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your User Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your User Content does not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

As part of the service, CV Genius may use or incorporate third party tools that generate content using artificial intelligence tools, including ChatGPT. The automatically generated content may be reviewed, edited, changed, fact-checked or deleted by our team at any moment at our sole discretion. CV Genius is committed to keeping this website up to date and accurate but does not warrant that the service will be error free. Should you nevertheless encounter anything that is incorrect or out of date or that you find offensive, we would appreciate it if you could let us know. Please indicate where on the website you read the information. We will then look at this as soon as possible. Please send your response by email to support@cvgenius.com. We disclaim any potential liability that might arise directly or indirectly by any content generated by these third party artificial intelligence tools.

YOUR CONTENT LICENCE

By posting or making User Content accessible to the Site, you represent and warrant that you have the right, power, and authority to post that user content and grant the licences specified in this section.

You further represent that you will not violate third-party rights of any kind, including, without limitation, any intellectual property rights, rights of publicity, or privacy rights. You represent and warrant that you are the owner of your content and that we may exercise your copyright rights without any liability or obligation for payment.

You automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence 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)
distribute

Such User Content, no matter the format, can be used by us at our discretion.

This licence 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 User Content, and you warrant that moral rights have not otherwise been asserted in your User Content. Your licences will expire within a commercially reasonable period of time.

We do not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. We are not liable for any statements or representations in your User Content provided by you in any area on the Site. You are solely responsible for your User Content to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content.

We have the right, in our sole and absolute discretion:

To edit, redact, or otherwise change any User Content.
To re-categorise any User Content to place them in more appropriate locations on the Site.
To pre-screen or delete any User Content at any time and for any reason, without notice. Nonetheless, we have no obligation to monitor your User Content. We hereby expressly disclaim any and all liability in connection with User Content.

You may submit comments or ideas to our Site, including ideas on how to improve our services. When you submit any ideas, you agree that your disclosure is voluntary and without restriction, and you place us under no fiduciary or obligation. Your ideas should also not contain the confidential or proprietary information of third parties. You acknowledge that by acceptance of your submission, we do not waive any rights to use similar or related ideas known or developed by us, or obtained from sources other than you.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with social media providers (each such account, a ‘social media account’) by either:

Providing your social media account login information through the Site.
Allowing us to access your social media account, as is permitted under the applicable terms and conditions that govern your use of said account.

You declare that you are entitled to disclose your social media account login information to us and/or grant us access to your social media accounts, without breach by you of any of the terms and conditions that govern your use of the applicable social media Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the social media account.

By granting us access to any social media accounts, you understand that:

We may access, make available, and store (if applicable) any content that you have provided to and stored in your social media account (the ‘Social Network Content’) so that it is available on and through the Site via your account, including without limitation any friend lists, to the extent permitted by the third-party service provider.
We may submit to and receive from your social media account additional information to the extent you are notified when you link your account with the social media account.

Depending on the social media accounts you choose and subject to the privacy settings that you have set in such social media accounts, personally identifiable information that you post to your social media accounts may be available on and through your account on the Site. Please note that if a social media account or associated service becomes unavailable or our access to this social media account is terminated by the third-party service provider, then the content previously transmitted to the Site may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your social media accounts at any time.

Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any social network content.

You can deactivate the connection between the Site and your social media account by contacting us using the contact information or through your account settings (if applicable).

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or their services) links to other websites (‘Third-Party Websites’) as well as:

articles
photographs
text
graphics
pictures
designs
music
sound
video
information
applications
software
other content or items belonging to or originating from third parties (‘Third-Party Content’)

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content available through the Site. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

In some cases, you may see a third-party rating displayed in the Site. This may either be shown by an API integration, or an image of the rating displayed on the third-party website. Ratings and awards are kept up to date as much as possible, but we always encourage you to visit the third-party website for the latest updated information.

Any reference to third party trademarks or trade names is made for identification purposes only and does not represent an affiliation with the Site.

7. HOW DO WE MANAGE THE SITE?

We reserve the right, but are not obligated, to:

Monitor the Site for violations of these Terms and Conditions.
Take appropriate legal action against anyone who violates the law or these Terms and Conditions, including without limitation, reporting such users to law enforcement authorities.
In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the services.

AUTOMATED TOOLS

The automated tools provided by the Site may provide scores, matches, top picks, and other options according to the information that you have entered in the Site. These automated tools have been created on a computer-based system and are designed to provide each User with a personalised experience. Even when you may see options made available to you as part of the Site, please make sure to revise them and determine which applies best according to your needs. The Site makes no guarantees that you will find a job, get any answer from a job poster or receive a job offer. These decisions will be made solely by the job poster and the Site takes no participation or responsibility in this process.
Social proof counters are regularly kept up to date but may not reflect the actual live number. CV Genius always works to provide updated data but this information may depend on third party actualisations. Numbers shown may reflect an average based on different factors, we may show this data, in some cases, along with a disclaimer that details how the number was calculated.

TESTING

CV Genius performs A/B tests as part of its product development. These tests may include different prices, offers, designs and tools. When you enter the Site, you agree and understand that your experience may be part of an A/B test therefore you may be shown information that is different from the one shown to another visitor.

8. WHERE CAN YOU FIND OUR PRIVACY POLICY?

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site or our services, you agree to be bound by our Privacy Policy, which is linked to in these Terms and Conditions.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably possible.

USER DATA

To the extent permitted by applicable law, we will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your CV. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Please note that our Data Protection Officer (DPO) can be contacted by sending an email to legal@sonagatech.com

9. OUR DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

NOTIFICATIONS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a ‘Notification’).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that according to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include all the following information:

A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

COUNTER NOTIFICATION

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a ‘Counter Notification’).

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent
Sonaga Tech Limited, Hamilton, Zweigniederlassung Luzern
Attn: Legal Department
Hertensteinstrasse 51
6004 Luzern, Switzerland
legal@sonagatech.com

10. HOW DO WE HANDLE COPYRIGHT INFRINGEMENTS?

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided above. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that according to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

11. CAN WE MODIFY OR INTERRUPT SERVICE?

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the services without notice at any time Essential features or components of the Site may also altered, which includes but is not limited to implementing security measures to prevent the service from being used in a manner that violates the law or Terms, modifying the functioning of the services to keep up with technical or technological advancements, introducing or updating additional services and solutions, changing the functional capabilities and features of the services, conducting periodic technical breaks required for the development of the services and to reduce the risk of malfunctions, discontinuing the service or any of its components, implementing significant technological changes and solutions, implementing changes in the policy of entities that manage mobile device systems on which the services operate with respect to the functioning of the service. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be understood to obligate us to maintain and support the Site or to make any corrections, updates, or releases.

12. HOW DO WE HANDLE DISPUTES?

These Terms and Conditions and your use of the Site and the services are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. The protection of EU consumers, as mandated by the consumer laws of the EU country where the consumer resides, remains unaffected.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (‘AAA’) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (‘AAA Consumer Rules’), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York County, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the state of New York, and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Residents outside of the US

Please send us an email to support@cvgenius.com if there is any issue or controversy with the Site with a brief description of the issue so that our team may be able to help you. Also remember to update your contact information, since we will reply to your request to the most recent information we have on file. Once received, we will try to provide resolution within 60 days. There may be times when the resolution options provided may not satisfy your needs, in that case, this agreement does not limit your rights to start a separate complaint process.

We prefer to resolve notifications directly with you, that is why we do not participate in alternative dispute resolution procedures for consumers or Online Dispute Resolution platform. If you would like to draw our attention to certain issues, please contact us.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

No arbitration shall be joined with any other proceeding
There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures.
There is no right or authority for any Dispute to be brought by a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party
Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use.
Any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, the Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

13. OUR DISCLAIMER

The Site is provided on an ‘as-is’ and ‘as-available basis’. If you encounter any issues with the services as described in these Terms, you are entitled to submit a complaint to the Provider. To do so, you should send an email to support@cvgenius.com, unless the Provider specifies a different email address for such correspondence on the Site. Your complaint should contain your identification details (email address or contact information), specify the relevant service, describe the issue you are experiencing, and provide justification for your complaint.

If your complaint is incomplete or lacks the necessary information, the Provider may request that you provide additional details. If your complaint fails to identify you, the Provider may disregard it. The Provider will respond to your complaint within 14 days of receipt, or after you have provided the necessary information, if applicable. The Provider’s decision on your complaint will be sent to you via the email address you provided in the complaint. The Provider reserves the right to extend the response time by up to 10 days if extraordinary circumstances arise that are beyond their control (e.g. equipment failure, internet network failure, etc.)

LIMITATIONS OF LIABILITY

We shall not be held responsible for any failure or improper performance of the agreement that may arise due to circumstances beyond our control. This includes situations where your use of the account is inconsistent with the Terms, such as uploading and sharing illegal content, as well as damages that may result from unauthorised access to your account.

Furthermore, the Provider shall not be held liable to third parties for any damages resulting from your use of the services in a manner that is inconsistent with the Terms.

In addition, the Provider shall not be responsible for:

Any harm or damage to third parties resulting from your use of the services in a way that violates the law or Terms.
Any content that you provide that violates the law or the rights of third parties protected by law.
Any information or materials uploaded, posted, or sent by you.
Loss of your data resulting from external factors beyond our control (such as hardware failure) or circumstances caused by third parties, including yourself.
Interruptions in the provision of services resulting from circumstances beyond our control, such as force majeure or actions and omissions of third parties.

However, please note that the Provider shall not be held responsible for any damages, including loss of profits, unless such damages were intentionally caused by the Provider.

In any case, the Provider’s liability related to the implementation of the contract is limited to actual and direct damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the 12-month period prior to any cause of action arising or £100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, compensate, and hold us harmless, including any party connected to us in any way, to the fullest extent permitted by applicable law, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

Your user generated content, which shall include all the information in your CV.
Breach of these Terms and Conditions.
Any breach of your representations and warranties set forth in these Terms and Conditions.
Your violation of the rights of a third party, including but not limited to intellectual property rights.
Any overt harmful act toward any other user of the Site or the services with whom you connected via the Site.
Claims that may arise from a result of an investigation made by the Company, any of its affiliates or the authorities,

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

INVESTIGATIONS

Please know that the Site will cooperate with the authorities on any investigation that arises from a violation of these Terms. We will provide the authorities all necessary information of the user that publishes or sends content in violation of Section 6 of these Terms.

14. IF YOU ARE A CALIFORNIA USER AND RESIDENT, WHO SHOULD YOU DIRECT YOUR COMPLAINTS TO?

The services are provided by Sonaga Tech Limited, Hamilton, Zweigniederlassung Luzern. If you have a question or complaint regarding the service, you can send an email to our DMCA designated agent to legal@sonagatech.com or send a letter to Sonaga Tech Limited, Hamilton, Zweigniederlassung Luzern Hertensteinstrasse 51, 6004 Luzern, Switzerland.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to: 1625 North Market Blvd., Suite N 112, Sacramento, California 9583, you can also send an e-mail to dca@dca.ca.gov or by telephone at (800) 952-5210 or (916) 445-1254.

15. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or the services. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

16. HOW TO CONTACT US

For any questions please contact us at:

support@cvgenius.com

Phone: 0808 196 2674 (available Monday–Friday, 8 am–12 am (midnight)

Sonaga Tech Limited
Hamilton
Zweigniederlassung Luzern
Hertensteinstrasse 51
6004 Luzern, Switzerland