Terms of use

Article 1. Definitions

In these terms of use:

“the Company” means SyncAI SA, Route de Genève 38, 1033 Cheseaux-sur-Lausanne, Switzerland, publisher of the Service;

“the Service” means the ApplyNow platform, accessible in particular at applynow.ch, together with all of its features;

“the User” means any natural person who creates an Account and uses the Service;

“the Account” means the User’s personal space, protected by their credentials;

“the Postings” means the job advertisements originating from third parties, gathered and presented in the Service;

“the Content” means the information, files and documents the User enters or uploads into the Service, in particular their curriculum vitae;

“the Terms” means these terms of use;

“the Privacy Policy” means the document describing the processing of personal data in connection with the Service.

Article 2. Purpose and acceptance

2.1 The Terms define the conditions of access to and use of the Service, as well as the respective rights and obligations of the Company and the User.

2.2 Creating an Account constitutes unreserved acceptance of the Terms. A User who does not accept the Terms may not use the Service.

2.3 The Privacy Policy forms an integral part of the Terms.

Article 3. Description of the Service

3.1 The Service gathers Postings originating from third parties, matches them with the User’s professional profile by means of a score, provides tools to help prepare applications, in particular curriculum vitae and cover letters, and allows the User to track their progress.

3.2 The Company is neither an employer, nor a placement agency, nor a recruitment office. It does not intervene in the relationship between the User and an employer.

3.3 The Service does not send any application on the User’s behalf. The User alone determines the content they transmit, its recipient and the time of transmission.

3.4 The Company guarantees no result, in particular no interview, no hiring, no minimum number of relevant Postings and no level of relevance of the score.

Article 4. Access to the Service and Account

4.1 Access to the Service requires an internet connection and the creation of an Account.

4.2 The User provides accurate and complete information and keeps it up to date.

4.3 The Account is strictly personal. It may not be shared, transferred or made available to a third party.

4.4 The User keeps their credentials confidential and informs the Company without delay, at contact@applynow.ch, of any unauthorised use of their Account.

4.5 A minor User must have obtained the prior consent of their legal representative.

Article 5. Free access and evolution of the offering

5.1 As of the effective date of the Terms, access to the Service is free of charge.

5.2 The Company may change, limit or remove any feature, including free ones, and introduce paid features. It informs the User within the Service before the change takes effect. A User who refuses the change may delete their Account. No compensation is due.

5.3 Any paid service will be subject to specific conditions, in particular pricing conditions, accepted before subscription.

Article 6. Service under development

6.1 The Service is under development. Its features may evolve, be suspended or be removed.

6.2 The Company guarantees neither the continuous availability of the Service, nor the absence of errors, interruptions or data loss.

6.3 The User is advised to keep a copy of their important documents outside the Service.

Article 7. Obligations of the User

7.1 The User uses the Service in accordance with the Terms and applicable law.

7.2 In particular, the User is prohibited from:

a) providing inaccurate information or impersonating a third party;

b) extracting, copying, republishing, reselling or reusing the Postings or the Service’s data, in particular by automated means;

c) circumventing the technical limitations of the Service or testing its security without the Company’s prior written authorisation;

d) using the Service for unlawful or misleading purposes, or uploading unlawful content to it;

e) interfering with the operation of the Service or its integrity;

f) sharing, transferring or reselling access to their Account.

7.3 Any breach exposes the User to the measures provided for in Article 14.

7.4 The User does not transmit any sensitive data to the Service, in particular concerning health, origin, religion, political opinions, trade union membership, intimate life, criminal proceedings or social assistance. The User uploads neither a copy of an identity document nor an extract from the criminal record. Such documents are handed directly to the employer, outside the Service.

Article 8. User Content

8.1 The User remains the holder of the rights to their Content.

8.2 The User grants the Company, free of charge and on a non-exclusive basis, the right to host, reproduce, technically adapt and display their Content solely to the extent necessary to provide the Service for their benefit, including through the processors mentioned in the Privacy Policy. This authorisation ends upon deletion of the Account.

8.3 The User warrants that they hold the necessary rights to their Content and that it does not infringe the rights of third parties.

8.4 If a third party brings a claim against the Company on account of the User’s Content, the User holds the Company harmless from the resulting costs and damages.

Article 9. Features based on artificial intelligence

9.1 Certain features of the Service rely on language models, in particular reading the curriculum vitae, computing the score and drafting or rephrasing texts.

9.2 The results produced by these features constitute proposals. They may contain errors, inaccuracies or wording that does not correspond to the User’s situation.

9.3 The User remains solely responsible for reviewing and validating any document before transmitting it to a third party, in particular to an employer.

9.4 The User may withdraw their consent to the processing of their data by these models from their profile. The features concerned then become unavailable.

Article 10. Intellectual property

10.1 The Service, its interface, its code, its databases, its visual identity, the ApplyNow brand and its scoring logic remain the exclusive property of the Company.

10.2 The Terms grant the User a personal, non-exclusive and non-transferable right of use, limited to the duration of their use of the Service.

10.3 Any extraction, reproduction or reuse of the Postings or the Service’s data is prohibited, in accordance with Article 7.2.

Article 11. Protection of personal data

The processing of the User’s personal data is described in the Privacy Policy, which forms an integral part of the Terms.

Article 12. Availability and maintenance

The Company may interrupt access to the Service for maintenance, correction or upgrade operations. It informs the User when circumstances permit.

Article 13. Liability

13.1 The Postings originate from third parties. The Company is not liable for their content, their accuracy, their currency, their actual existence or the conduct of their authors.

13.2 The Company is not liable for the consequences of an application, a rejection, a loss of opportunity or a loss of profit.

13.3 To the extent permitted by applicable law, the Company is liable only for damage caused intentionally or through gross negligence. Any other liability is excluded.

Article 14. Suspension and termination

14.1 The User may delete their Account at any time from their profile. The effects of this deletion are described in section 10 of the Privacy Policy.

14.2 The Company may suspend or close an Account in the event of a serious breach of the Terms, after a warning when circumstances permit, and without warning in the event of unlawful use or a threat to the security of the Service.

14.3 Termination gives rise to no compensation.

14.4 Any unlawful content may be reported to contact@applynow.ch, identifying the content and stating the reason. The Company examines the report, may remove the content and suspend the Account concerned. It communicates its reasoned decision to the author of the report and to the person concerned, together with the available means of contesting it.

Article 15. Amendment of the Terms

15.1 The Company may amend the Terms, in particular to reflect changes in the Service or in applicable law.

15.2 Any substantial amendment is announced within the Service fourteen days before it takes effect. Continued use constitutes acceptance. A User who refuses may delete their Account.

15.3 The version accepted by the User and the date of that acceptance are recorded.

Article 16. Force majeure

Neither party is liable for the non-performance of its obligations resulting from a force majeure event, in particular a failure of communication networks or of a third-party provider’s infrastructure.

Article 17. Severability and no waiver

17.1 If a provision of the Terms is held to be void or unenforceable, the other provisions remain in force and the provision concerned is replaced by a valid provision of equivalent effect.

17.2 The Company’s failure to rely on a provision of the Terms does not constitute a waiver of it.

Article 18. Assignment

The User may not assign their rights and obligations under the Terms. The Company may transfer the Terms, in whole or in part, in the context of a reorganisation or a transfer of business; the User is informed thereof.

Article 19. Entire agreement and language

19.1 The Terms and the Privacy Policy constitute the entire agreement between the parties relating to the Service.

19.2 The French version prevails. Versions drawn up in other languages are provided for information purposes.

Article 20. Governing law and jurisdiction

The Terms are governed by Swiss law. The exclusive place of jurisdiction is Lausanne, subject to mandatory provisions protecting consumers.