Terms Of Use

Welcome to our website https://redjumpers.agency!

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE, OUR SERVICES AND ACCESSING THE PLATFORM. BY USING THE WEBSITE, COMPANY’S SERVICES AND ACCESSING THE PLATFORM, YOU REPRESENT THAT YOU UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH FORMS AN ESSENTIAL PART OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE, DO NOT USE COMPANY’S SERVICES, YOU MAY NOT ACCESS TO AND USE THE PLATFORM.

These Terms of Use govern the relationship between Redjumpers Ltd.  (hereinafter — “Company”, “we”, “us”, “our”, “Red Jumpers”, “RJ Agency”) and you (hereinafter — “User”, you”, “your”) in relation to the access to the website https://redjumpers.agency and to the functionality of the platform  Red Jumpers.

GENERAL PROVISIONS

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Use:

“Account” means an account created for User to access our Services or parts of our Services through the RJ App.

“Client” means a User who uses our Services and requests developers.

“Company” refers to Redjumpers Ltd., a company registered and acting under the laws of Ukraine with its registered office at ap.9, Chornovola street, 125а, Ivano-Frankivsk, Ukraine, 76018, which owns and operates the Website and the RJ App and offers the Services.

“CV” means a curriculum vitae of the Partner’s candidate that Partner sends to Company’s moderator to place in the RJ App.

“Partner” means a User who uses our Services and proposes developers.

“Platform” or “RJ App” means the web application  Red Jumpers available on the Website after registration.

“Registered User” means a company or other legal entity or individual authorised to act on behalf of such a company or a legal entity who is accessing or using the RJ App, the Services through a registered Account.

“Request” means a Client’s request for developers to realise a certain project or to hire a team of developers.

“Services” mean the Services offered on the Website and/or the RJ App.

“Terms of Use” (also referred as “Terms”) mean these Terms of Use that form the entire agreement between you and Company regarding the use of the Services.

“Third party websites or services” means any content (including data, information, products or Services) provided by a third-party that may be included or available on the Website.

“Unregistered User” means a User who is not logged in and visiting and using the Website and/or Services without a registered Account and has no access to RJ App.

“User” or “You” means an individual or a company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.

“Website” refers to https://redjumpers.agency.

Acknowledgment

These are the Terms of Use governing the use of the Website, the RJ App and the Services and the agreement that operates between you and Company.

You acknowledge that your access to and use of the Website, the RJ App and the Services is conditioned on your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Website, the RJ App and the Services.

You acknowledge that your access to and use of the Website, the RJ App and the Services is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Website, the RJ App and the Services. Please read our Privacy Policy carefully before using our Website, the RJ App and the Services.

Eligibility. Entity Access

To use the Website or access to and use the RJ App, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of their terms and conditions.

If you are accessing the Website, the RJ App, the Services on behalf of a company, entity, or organisation (collectively “entity”), then you represent and warrant that you: (i) are an authorised representative of that entity with the authority to bind such entity to the Terms; (ii) have read and understand the Terms; and (iii) agree to these Terms of Use on behalf of such entity. All references to “You” in these Terms of Use shall also refer to that entity.

Changes to these Terms of Use

We reserve the right, at our sole discretion, to change, update, modify, supplement, or replace these Terms of Use at any time to improve the quality of the Website and RJ App’s functioning and comply with legal requirements. The new version of the Terms enters into force from the moment it is posted on the Website.

We will inform you of any essential changes at least 15 days prior to the moment such changes come into force by posting a notice on our Website and/or the RJ App, but it is your responsibility to review them. If you do not agree with such changes, you have the right to refuse to receive our Services and stop using our Website, the RJ App and the Services within such 15 days. Continued use of the our Website, the RJ App and the Services after changes come into force will indicate your acknowledgement and agreement to be bound by the revised Terms. You agree to periodically review the Terms in order to be aware of any such changes.

By continuing to access or use our Website, the RJ App, the Services after those revisions become effective, shall mean your acceptance of any such changes, whether given notice or not. If you do not agree to the new terms, in whole or in part, please stop using the Website, the RJ App, the Services.

If any of the terms and conditions of the Terms of use, or any future modifications thereto, are unacceptable to you, you must discontinue your use of the Website, the RJ App, the Services.

The information and material on the Website and the RJ App may be changed, withdrawn, or terminated at any time in our sole and absolute discretion and without advance notice to you. You acknowledge that this may impact the use, functionality, or value of the Website and the RJ App. You agree that we will not be liable if, for any reason, all or any part of the Website or the RJ App are changed, withdrawn, terminated, restricted to Users, or unavailable at any time or for any period or if such restriction or unavailability impacts the use, functionality or value of the Website, the RJ App and/or the Services.

OUR SERVICES

The Website

When you visit the Website you can:

1. familiarise yourself with all the information available on the Website:

• our Services (product development, IT staff augmentation, dedicated team, blockchain);
• our cases (projects);
• information about Company (our goal, mission, vision, core values,  people, technologies, customers, etc.);
• blog;
• information about RJ App;
• cooperation models;
• how to become a Partner;
• how to hire a developer;
• our candidates according to info available on the Website (if you are interested in any you may contact Company’s manager);
• FAQ (everything you must know on cooperation with Company as a Partner or as a Client);

1. send request to become a Partner, to register an Account and to obtain access to RJ App using contact forms available on the Website;
2. login to RJ App as a Registered User with provided login and password;
3. send request to hire developers filling the provided form “Hire Developers” or “Find Developers”  on the Website or using other contact forms available on the Website;
4. book a call  with Company’s representative through the Calendly Services available on the Website;
5. contact us filling the provided form “Contact Us” or “Ask the Question” on the Website;
6. chat with us using chat Tidio available on the Website;
7. subscribe to Company’s newsletter providing your email;
8. find our feedbacks on cooperation with us;
9. follow the links to Company’s social media pages in Twitter, Instagram, Facebook, LinkedIn;
10. contact us using email, telephone numbers available on the Website (PL, UA, US);
11. follow the links to Company’s awards and overview provided by Third Parties websites or Services;
12. choose the desired language of the Website interface.

The RJ App

Access. Use of the RJ App functionality is available for Registered Users only. Access to the Platform is provided through a registered Account on the Website, that allows the Registered User to use the software functions of the RJ App on the Website. RJ App is available only in English.

Requirements to Registered Users. To request access to RJ App and cooperate with RJ Agency you should be a company that has a good reputation and positive review on platforms such as Clutch, GoodFirms or others. You must be willing to share projects, developers and to work with outstaffing and outsourcing work models.

Company does not cooperate with a Partner or a Client who:

• is a resident of the Russian Federation/Republic of Belarus/ Islamic Republic of Iran;
• is a legal entity established and registered in accordance with the legislation of the Russian Federation / Republic of Belarus / Islamic Republic of Iran;
• is a legal entity with the ultimate beneficial owner, member or participant (shareholder), which has a share in the authorised capital of 10 percent or more and who is a citizen of the Russian Federation / Republic of Belarus / Islamic Republic of Iran, or a legal entity formed and registered in accordance with the legislation of the Russian Federation / Republic of Belarus / Islamic Republic of Iran, 
  about Company (our goal, mission, vision, core values,  people, technologies, customers, etc.);
• offers goods and services originating from the Russian Federation / Republic of Belarus / Islamic Republic of Iran.

COMPANY DOESN’T SEND ANY REFUSAL OR FEEDBACK IF YOU (YOUR COMPANY) HAS NOT PASSED MODERATION AS A POTENTIAL PARTNER OR CLIENT. WE RESERVE THE RIGHT TO REFUSE TO REGISTER AN ACCOUNT FOR ANY REASON AT OUR SOLE DISCRETION.

Registration. In order to use the RJ App and to access the features of the Platform you need to sign up for a personal Account and be issued with a username and password (“User ID”). On the Website you should use the “Become a Partner” tab and send requests using “Contact us” of “Book a call” forms or other contact forms available on the Website. Company’s manager (coordinator) will contact you to discuss cooperation and request additional information on your company.

You must provide accurate and complete information at the request of Company’s coordinator to register for an Account to use our Services, namely: the name of your company;  name of the company’s representative; contacts in Telegram, Skype, Facebook, WhatsApp, Viber other desirable means of communication, general information about your company etc.

After successful moderation the Company creates your Account and provides you with User ID to access to the RJ App and its functionality. A Registered User may use the Services only through its own User ID on the Website.

You may not share your Account credentials or make your Account available to third parties. You are entirely responsible for maintaining the confidentiality of User ID and password in your possession. You are liable for any and all activities which occur under your User ID.

You must immediately notify Company of any unauthorised use of your Account or any other breach of security relating to the Services.

Multi-user access to a single Account. It’s your responsibility to indicate how many authorised users from your company may access your Account.

No payment for registration. There is no registration payment. Access to the RJ App, sending out Requests, submitting CVs is absolutely free.

Companies that has become Partners and have received the projects (customers) through RJ Agency shall pay agency fees under individual conditions set forth in a relevant separate agreement signed with Company. The agency fee is paid by the companies (the Partners) that received the project for each reporting period after receiving funds from the customer. In each case, the agent’s remuneration is subject to agreement. The amount of remuneration depends on the volume of work, urgency and complexity of the technologies to be used.

Functionality. By using the RJ App as a Registered User, you can access the following features:

1. Choose a required technology in the “Technologies” section (Each request in the RJ App is based on a specific technology. You may choose the tech stack in the “Technologies” section. Once you’ve marked the checkboxes next to the needed technologies, they’ll be automatically saved in your profile.);
2. propose new technology using the “Propose new technology” tab in the “Technologies” section;
3. familiarise yourself with all Requests for the candidates in the “All Requests” section. (You can go through all the requests relevant in the RJ App to your technology stack or without technology preferences. Each placed request is highly qualified. It includes requirements for the candidates (seniority level, language, experience), project description, duration, scheme of work, cost, hours per month, the Client’s priorities. Additionally, you can see who is the manager of this project from Company’s side.);
4. find a relevant project (Request) for your team among Client’s requests available in the “All Requests” section;
5. filter available Requests by technology, name, industry; list your relevant Request drafts in the “All Requests” section;
6. propose new request to find a candidate for your project filling an appropriate form via the “Propose new request” tab (You shall indicate a title, scheme of work, requirements for the candidate (technology, language, years of experience, number of candidates, what is the most important while choosing a candidate),  Client’s information (country, industry), project information (working hours per month, preferable location of the developer (team), project details, communication and planning information, activity tracking and reporting, tools and channels, legal obligations, financial conditions, contact details etc.). Such a new Request is subject to additional moderation by Company’s representative.);
7. submit your candidate in response to the available Request offer in the “All request section” (You need to fill in the information about your candidate and attach CV (if you have ready CV). The candidate that you’ve offered in response to the Request, is automatically added to the candidates’ list in the “My Bench” section.);
8. review all candidates available in the RJ App (Company may propose several candidates, according to your requirements, and you will be able to choose the best of them. Company provides additional verification of every candidate provided. The candidate who passes additional skill or language testing has green mark on our Website and RJ App.);
9. create CV of your candidate by clicking the “Create CV” tab filling the proposed form in the “My Bench” section (you shall indicate full name, seniority level, technology, language, projects description, education, other skills and information applicable);
10. download CV created via our CV editor;
11. manage candidate information: create new candidate by filling in a short form “Create a new candidate”  in the “My Bench” section with a candidate’s key skills and upload their CV (if you have no prepared candidate’s CV, you can use our CV editor); add your candidate’s video-presentation; change your candidate’s status; edit their profile; request deletion of CV if a person no longer works for your company or does not conduct business in IT sphere (CV deletion is provided by Company’s representative at prior User’s request); filter data on your candidates by seniority level, by technology, by country, by bench name, by price;
12. track your candidate status after responding to the Request in the “Candidates on review” section (You can also see if the candidate has been chosen from the system or attached to the Request card directly. You can also see the feedback on your candidate or their CVs at each stage of the Request processing: accepted to consideration, needs improvements.);
13. update the information in the RJ App;
14. change password in the RJ App;
15. update personal info as a Registered User of the RJ App;
16. manage email and in-app notifications in the RJ App;
17. use other available functions of the RJ App.

Verification. Company’s representative may request additional information about your company, projects and/or candidates etc. to place a CV or a Request in the RJ App. If you submit your candidate (developer)  in response to the available Request to provide Services to a Client you may be requested to provide additional information on your candidate’s experience, qualification, location, and other info to be clarified. If you are looking for a candidate (developer) you may be requested to provide additional information on your company, industry, technologies, experience, location, other info to be clarified.

All personal data provided is processed in accordance with our Privacy Policy.

You guarantee that all information provided is full, accurate, truthful, reliable, and lawful. If you provide false information regarding experience, qualification, location or other data, you undertake to compensate all losses and damages caused to Company.

Deletion of the Account. You have no possibility to block or delete your Account yourself. We reserve the right to revoke your access to the RJ App and the Services without prior notice if we determine your use violates the Terms or is otherwise objectionable as determined in Company’s sole discretion.

Company shall have the right to block or delete your Account without prior notice in the following cases:

1. you provide false information on your company, projects and/or candidates and other data;
2. you ignore emails, notifications, requests from Company and you don’t get in touch for a long time.

At the same time we have the right to exclude from our partners a company that has violated the terms of cooperation, has failed to perform its work properly, has failed to meet the deadlines or has failed one of our Partners/Clients.

Upon Account closure, we will delete all your personal data unless otherwise legally prohibited or required. You will remain liable for all obligations related to your Account even after the Account is blocked or deleted.

THE WEBSITE AND RJ APP SUPPORT

Company shall use commercially reasonable efforts to ensure that the Website and RJ App is available for use and access, except in the case of scheduled maintenance for which Company will endeavour to provide advance notification on the Website or in the RJ App.

Company will take all possible measures to help you to fix problems, defects and errors on the Website or in the RJ App.  Company shall use commercially reasonable efforts to respond to support requests within one business day and shall address (internally and externally) such support requests in a commercially reasonable manner. Support shall include, without limitation, troubleshooting system functionality, providing guidance on usage and workflow, and identifying and considering issues, which Company prioritises, in its sole and absolute discretion, based on severity, scope and impact.

USE OF THE WEBSITE AND THE RJ APP. PROHIBITED ACTIVITIES

Warranties

You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of the Website, the RJ App and the Services and not interfere with the use of the Website, the RJ App and the Services by other users.

You further warrant that your use of the Website, the RJ App and the Services and of any data input into or generated by the Website and the RJ App shall comply with all applicable laws, regulations, and ordinances.  
You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights. 

You must, at all times, provide true, accurate, current, authorised, and complete information when submitting information or materials on the Website and the RJ App, including, without limitation, information required to be provided through an online registration forms and other info required by Company’s representative. If any false, inaccurate, untrue, unauthorised, or incomplete information is submitted by you, Company reserves the right to terminate your access and use of the RJ App and Services.

You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, the RJ App and the Services, or defame or otherwise harm Company, other Users or any other third party through your use of the Website, the RJ App and the Services.

Prohibited activities

In addition, you also agree that you will not use the Website, the RJ App and the Services to (not attempt to):

1. perform any activities related to the Website, the RJ App, and the Services that intentionally or unintentionally violate any applicable local, state, national or international law, regulation, or violate these Terms or any other agreement or policy regulating relations between us;
2. intentionally disrupt or interfere, whether directly or indirectly, with the Website or the RJ App, in any manner that may adversely affect Company or any other User of the Website or the RJ App: use any device, software, algorithm, file, or other tool or technology, including without limitation any viruses, trojan horses, worms, time bombs, or cancelbots, intended to damage or interfere with our Website or RJ App, or to surreptitiously intercept or expropriate any data, or breach any security or authentication measures;
3. take any action that causes an unreasonable or disproportionately high load on the technical infrastructure of the Website or the RJ App, including without limitation denial-of-Services attacks, “spam”, or any other such unsolicited overload technique;
4. collect data from the Website or the RJ App either in authorised and not authorised ways through automated means (bots, spiders, scrapers, or equivalent means), by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on the Website or the RJ App;
5. upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that:

• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful;
• includes any material that harass or express hate towards any race, ethnicity, religion, national origin, gender identity, sexual orientation, disability, age, lifestyle or veteran status etc.;
• you do not have the right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• includes any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• includes any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• includes info on any political candidates, parties or organizations or using images of politicians, parties or political organizations;
• includes inappropriate language or numerous misspellings or grammatical errors;

1. make unauthorised use of the Website or the RJ App, including, in particular, unauthorised access to our systems or any other illegal use of any information contained on the Website or the App;
2. use the Website or the RJ App or any of its parts for any commercial purpose without obtaining our prior written consent;
3. transfer either the right or the ability to access to the Account, RJ App to third parties otherwise as stated herein.

INTELLECTUAL PROPERTY RIGHTS

Ownership

Our Website, the RJ App and all content that they contain or may contain in the future, including, but not limited to, information, services, design elements, graphic images, software, articles, thoughts, other text, photos, illustrations, audio-visual works, as well as trademarks, copyrights, logos, domain names, code, brand names, service marks, patents and any copyrighted materials (including source and object code) and/or any other form of intellectual property (hereinafter — the “Content”) is and remains the exclusive property of Company or owned by third parties who have granted Company the right to use their Content.

All trademarks, logos, brand names, services marks, or trade dress or any similar names and marks (hereinafter — the “Trademarks”) displayed on the Website and the RJ App are owned by Company or third parties and may be used only in connection with use of the Website, the RJ  App and the Services and for no other purpose whatsoever.

Protection

All objects of intellectual property and means of individualization that contain on the Website and in the RJ App are protected from unauthorised use, copying and distribution by copyright laws, laws on the protection of trademarks and by other laws both in Ukraine and in other countries, as well as provisions of international treaties.

BY USING THE WEBSITE AND THE RJ APP OR ANY OTHER SERVICES, THE USER DOES NOT ACQUIRE ANY RIGHTS TO OWN ANY INTELLECTUAL PROPERTY.

Without Company’s prior written permission, you may not copy any Content or intellectual property contained on the Website or in the RJ App. The use of the Content or any intellectual property for any purpose is strictly prohibited, without Company’s express written permission.

Besides, you are prohibited from using Trademarks without the express, written permission of Company or such third party. You shall not remove, modify or copy Company’s or any third party’s Trademarks accessed through the Services.

Neither these Terms nor your use of the Website, the RJ App or the Services convey or grant to you any rights: (i) in or related to the Website, the RJ App or the Services except for the limited license granted below; or (ii) to use or reference in any manner Company’s or other licensor’s trademarks, logos, brand names, services marks, or trade dress or any similar names and marks.

License

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable, non-sublicensable license to use the Website, the RJ App and the Services solely for your use and for you to access and use information made available through the Website and the RJ App. Any rights not expressly granted herein are reserved by Company and other licensors.

This license does not grant you the right to sublicense, transfer any rights to any third party and/or otherwise dispose of the intellectual property rights owned by Company or other licensors.  You may use the Website, the RJ App and the Services under the conditions set forth herein provided that: (a) you retain all copyright and other proprietary notices related to the original Content, Trademarks and any other  intellectual property (b) you may not sell, distribute, reproduce, transmit, publicly demonstrate, translate, modify, adapt, create derivative works, disassemble, reverse engineer, decompile, lease, borrow, sublicense or otherwise use the Website, RJ App, Services, Content, Trademarks, content of other Users and any other  intellectual property without the prior written permission of Company or other licensors, and (c) you may not use the Website, RJ App, Services,  Content, Trademarks and any other  intellectual property in a manner that suggests an association with any of our products, services, or brands.

Intellectual property infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website, the RJ App or through the Services infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place on the Website, the RJ App or through the Services, you must submit Your notice in writing to the attention of our representative via email [вкажіть імейл, на який можуть приходити запити щодо порущення прав інтелектуальної власності] and include in your notice a detailed description of the alleged infringement. The request will be considered by Company’s representative within a reasonable time.

USER’S CONTENT

The User’s right to post his own content

Company and the functionality of the Website, RJ App and the Services allows you to post your own content related to the Website, the RJ App and the Services. Company does not own any data, content or material that Users while using the Website, the RJ App and the Services (“the User’s Content”).

The User has sole responsibility for the accuracy, credibility, quality, legality, appropriateness and intellectual property ownership or right to use of the entire User’s Content.

The User hereby grants Company a non-exclusive, non-transferable, worldwide, royalty-free right and license to use and publish the User’s Content on the Website and RJ App in connection with the using the Website, the RJ App and the Services hereunder.  The User grants Company the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User’s Content on and through the Services. You retain any and all of your rights to any User’s Content you submit, post or display on or through the Website, RJ App and the Services and you are responsible for protecting those rights. You agree that this license includes the right for Company to make your User’s Content available to other users of the Website, RJ App and the Services, who may also use your User’s Content subject to these Terms.

You represent and warrant that: (i) the User’s Content is yours (you own it) or you have the right to use it and grant Company the rights and license as provided herein, and (ii) the posting of your User’s Content on or through the Website, the RJ App and the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

User’s Content restrictions

Users are prohibited to use the Website, the RJ App or the Services for publishing and promoting the User’s Content or carrying out one or more of actions, specified in the section 4.2. “Prohibited activities” hereof.

Company reserves the right, but not the obligation, to, in its sole discretion, determine whether any User’s Content is appropriate and complies with these Terms, refuse or remove this User’s Content. Company further reserves the right to make formatting, edits, and change the manner of any User’s Content. Company can also limit or revoke the use of the RJ App or Services if you post such objectionable User’s Content.

At the same time as Company cannot control all content posted by Users and/or third parties on the Services, you agree to use the Services at your own risk. You understand that by using the Website, RJ App and the Services you may be exposed to content that you may find indecent, incorrect or objectionable, and you agree that under no circumstances will Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

WARRANTY DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE RJ APP AND THE SERVICES ARE PROVIDED BY US ON “AS IS” AND “AS AVAILABLE” BASIS THAT MEANS AS YOU SEE THEM NOW AND WHICH ARE AVAILABLE TO YOU.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED:

1. AS TO THE OPERATION OR AVAILABILITY OF THE SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON;
2. THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED;
3. AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES;
4. CORRESPONDENCE OF THE SERVICES TO YOUR EXPECTATIONS.

WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE, THE RJ APP, THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, WILL COMPLY WITH ANY PERFORMANCE OR RELIABILITY STANDARDS.

ACCORDINGLY, TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY WAIVE ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING QUALITY WARRANTIES, TERMS OF PROJECTS REALISATION, FITNESS FOR A PARTICULAR PURPOSE AND OTHER WARRANTIES REGARDING THE USE OF THE RESULTS OF THE SERVICES THAT YOU RECEIVED THROUGH THE WEBSITE AND RJ APP.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT LIABLE WHATSOEVER FOR YOUR USE OF THE WEBSITE, THE RJ APP, AND THE SERVICES. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW COMPANY IS  NOT AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, LOSS OF PRIVACY, INCURRED BY YOU OR ANY THIRD PARTY   ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE RJ APP AND THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE KNOW OR HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR LOSS. WE ARE NOT LIABLE FOR ANY THIRD PARTY’S CLAIMS OF ANY NATURE. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. 

NO INFORMATION YOU OBTAIN FROM THE COMPANY OR THROUGH THE WEBSITE OR THE PLATFORM SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. THE COMPANY HAS NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY REASON BEYOND THE COMPANY’S REASONABLE CONTROL.

COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF THIRD-PARTY CONTRACTORS, SERVICES PROVIDERS, OR ANY OTHER THIRD PARTIES ENGAGED BY YOU OR YOUR CLIENTS OR CONTRACTORS IN CONNECTION WITH THE USE OF THE WEBSITE, THE RJ APP AND THE SERVICES.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF COMPANY AND ANY OF ITS SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH THE USE OF THE WEBSITE, THE RJ APP AND THE SERVICES SHALL BE LIMITED TO THE AMOUNT OF 100,00 USD (ONE HUNDRED USD 00 CENTS). YOU ACKNOWLEDGE THAT THAT IF NO SUCH FEES ARE PAID BY YOU TO US FOR SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.

COMPANY IS NOT AND SHALL NOT BE RESPONSIBLE FOR:

1. YOUR LOSS OF OR INABILITY TO USE OUR SERVICES, AS WELL AS YOUR NEED TO MAKE AMENDMENTS TO YOUR BEHAVIOUR AS A RESULT OF CHANGES TO THESE TERMS;
2. ACTIONS OR INACTIONS OF OTHER USERS AND THIRD PARTIES.

COMPANY SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS OF USE DUE TO FORCE MAJEURE CIRCUMSTANCES THAT IS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, TERRORISM, STRIKES, EMBARGOES, GOVERNMENT ORDERS, OR ANY OTHER FORCE MAJEURE CIRCUMSTANCES.

INDEMNITY

To the extent permitted by law you agree to indemnify, defend, and hold harmless Company, its affiliates, and their employees, agents, and contractors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to (i) your use of the Website, the RJ App, Services and Content thereon, (ii) your breach of these Terms of Use, or (iii) any violation of applicable laws or regulations.

MISCELLANEOUS PROVISIONS

Applicable Law

All matters relating to the Website, the RJ App, and the Services or these Terms and your use of the Services shall be governed by the laws of Ukraine, without regard to legal conflict provisions.

Dispute Resolution

If you have any questions to Company regarding these Terms or certain disagreements, claims, or disputes (hereinafter — the “Disputes”) that affect the use of the Website, the RJ App or receipt of the Services, you agree to first try to resolve the Dispute informally by contacting Company. We will use reasonable efforts to resolve such Disputes through negotiation.

All disputes arising in connection with these Terms which cannot be resolved by negotiation shall be settled by the appropriate courts of Ukraine. The law of Ukraine shall apply to dispute resolution.

Severability and Waiver

These Terms supersede all prior terms, agreements, discussions, and proposals regarding the Website, the App, and the Services and constitute the entire agreement between you and us concerning access to the Website, the App, and the Services and their use unless otherwise specified in these Terms.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Separate agreement requirement

Certain features, Services, or functionalities of our Platform may require you to enter into a separate written agreement with us. These features may include, but are not limited to, Services when we help you to get a project or a customer (a Client) and you provide your candidates (developers) to realise the Client’s projects (provides for signing an agency agreement), or any additional Services that go beyond the standard offerings under these Terms of Use.

If you are required to sign a separate agreement, both the Terms of Use and the separate agreement will govern your use of the specific features or Services. In the event of any conflict between the provisions of these Terms of Use and the separate agreement, the terms of the separate agreement shall prevail.

The separate agreement will become effective once it has been signed by both parties. Until such time, the Terms of Use remain fully applicable.

You will be notified in advance if a separate agreement is required for certain features or Services. By agreeing to use these features or Services, you acknowledge that you will enter into and be bound by the terms of the separate agreement.

Any separate agreement entered into may be terminated or amended as specified therein. Termination of a separate agreement does not affect your obligations under these Terms of Use unless explicitly stated otherwise.

Links to other websites

Our Website, RJ App may contain links to Third party websites or services that are not owned or controlled by Company.

Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third party websites or services. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites that you visit.

Term and Termination

These Terms will survive and operate as long as you continue to access the Website, the RJ App and the Services or use them.

We reserve the right to suspend or terminate your access to the Account and the Services at any time without notice if we determine that you have violated or are not complying with these Terms or applicable law. Upon termination, your right to use the Services will cease immediately. If you wish to terminate Your Account, you may contact Company’s representative.

All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to disclaimers of warranties and limitations of liability.

How to Contact Us

If you have a question related to this Terms of use or your use of the Website, the RJ App and the Services, you can use the following details to contact us: