These terms (“Terms”) cover the use of CVmaker BV’s (“our”, “we”, “us”) online services (“Services”) provided via our website https://www.cvmaker.com/ (“Website”). The individual using our Services (“you”, “your”) is deemed to have accepted these Terms by using the Services or by continuing to use the Services after being notified of a change to these Terms.
Clause 1. General
Please read these terms carefully before you use our Services.
It is your responsibility to check that your browser and device is compatible with our Services. You will not be able to use our Services via an incompatible browser or device.
Clause 2. Your Account
When you use our Services for the first time, an account is automatically created using the details you have provide us with (“Account”). You can only access the Services by logging in to your Account.
You agree that you will be solely responsible for all activity that occurs under your Account and you agree to maintain the security and secrecy of your password.
You must not grant any third-party access to your Account, and you shall notify us immediately of any breach of security or unauthorised use of your Account that you become aware of.
You confirm that any information supplied under your Account is accurate and complete (including your payment details).
Clause 3. The Services
In consideration for your timely payment of our fees as set out in clause 8 below (“Fees”), we grant you permission to use our Services subject to these Terms.
Where your Fees are not paid on time, we may still allow you to access the Services and charge you for the same. However, this shall not constitute any waiver by us in relation to your breach of these Terms for failing to pay our Fees on time nor shall it affect our rights to recover payment from you in accordance with these Terms.
You will be granted a non-exclusive, non-transferable, non-sublicensable, revocable licence to use our software as part of the Services (“Platform”).
The Platform is licensed, not sold, to you and we reserve all our rights to the Platform not expressly granted to you under these Terms. This licence does not give you any right to and you may not:
Circumvent or bypass any technological protection measure in or relating to the Platform or the Services;
Disassemble, decompile, decrypt, hack, emulate, exploit or reverse engineer the Platform or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
Publish, copy, rent, lease, sell, export, import, distribute or lend the Platform or the Services;
Transfer the Platform, any software licences, or any rights to access or use the Services; or
Use the Services in any unauthorised way (including in breach of the Terms) or in any way that could interfere with anyone else’s use of them.
We may suspend, terminate, withdraw or restrict your rights to use the Platform or the Services at any time without penalty in order to protect our legitimate business interests.
Whilst we will use reasonable endeavours to ensure that the Services are available at all times, outages, downtime, interruptions or breaks in the Service may occur from time to time, and you accept that we shall not be liable for any such occurrences, howsoever arising.
You accept that we may at any time conduct or run announced or unannounced maintenance of our Services which may affect the availability of the Service. You may also be required to download updates to ensure the delivery of our Services.
Clause 4. You use of the Services
Unless we expressly state otherwise in our Service description, we do not review, control, edit or monitor your use of the Service or any of the documents produced arising from your use of the Services (“Documents”).
You accept that we have no control over the quality, accuracy, reliability, sincerity or integrity of any Documents produced arising from your use of the Services.
We cannot guarantee that your use of the Services will increase your chances, prospects or abilities in relation to securing work or employment.
Clause 5. Changes to the Services
- Without limitation to any Services we may introduce, change or remove, our Services include:
- Creating Resumes and Application Letters;
- Building Resumes; and/or
- Optimizing Resumes.
- We may change any of our Services to:
- Reflect changes in relevant laws and regulatory requirements;
- Implement technical adjustments and improvements, for example, introducing new functionalities within our Services; and/or
- Reflect changes to our business.
Clause 6. Your Content
When you use the Services you may store, download and share content you create (“Your Content”). For the avoidance of doubt, Your Content relates only to content you create and not any content which exists as part of the Services, which is subject to clause 9.
We do not claim ownership of Your Content. Your Content remains Your Content and you are responsible for it. You hereby fully disclaim us from any liability relating to Your Content.
By uploading Your Content, you automatically and irrevocably:
grant us a worldwide, perpetual, transferable, royalty-free licence, with the right to sub- licence, to use, copy, modify, create derivative works of, distribute, publicly display and otherwise exploit in any manner Your Content in all formats and distribution channels now known or hereafter devised without further notice to or consent from you, and without the requirement of payment to you or any other person or entity;
waive all moral rights to Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
appoint us as your agent with full power to enter into any document and/or do any act we may consider appropriate to confirm the licence, consent and waiver set out above;
warrant that you are the owner of Your Content and are entitled to enter into these Terms and that Your Content does not infringe the proprietary or privacy rights of any third party; and
confirm that Your Content is not subject to any obligation of confidence or otherwise and that we shall not be liable for any use or disclosure of such Your Content.
Clause 7. Code of Conduct
- Your Content must not:
- be libelous, defamatory, invasive, obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- be disparaging, belittling or otherwise portray in a negative light any individual featuring in Your Content;
- infringe any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- violate any law, regulation, rule or code of conduct; and/or
- impersonate or misrepresent your connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of the content.
- You also must not:
- include or introduce programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
- copy any other pages or images on the Website except with appropriate authority; and/or
- disobey any policies or regulations established from time to time regarding use of the Services.
- You agree to hold harmless and indemnify us against all and any losses, damages, claims and liabilities we incur arising from or related to your breach of this clause 7.
Clause 8. Subscription Terms and Payment
You agree to pay Fees for our Services. The specific Fees for each of our Services are set out on our Website. You will only be granted permission to use the Services you have subscribed to and agreed to pay for.
When setting up your Account you agree to provide valid, up-to-date and complete payment, contact and billing details necessary to effect payment of the Fee. We accept payment via debit card, credit card or PayPal.
Where you use our subscription-based Services you accept that:
The subscription shall commence for an initial trial period of 7 days;
Following this, your subscription shall automatically renew on a continuous monthly basis until cancelled by you (even where you fail to pay our Fees); and
You may cancel the subscription at any time, subject to the Terms.
Accordingly, where the Fees are payable on a subscription basis:
You authorise us or our payment processor to collect the applicable initial subscription payment for the first 7 days immediately on creation of your Account and/or initial use of our Services, and to collect any applicable recurring subscription payment every month thereafter using your designated payment billing method until you cancel your subscription with us.
You accept that our subscription-based Services has an initial and recurring payment feature and you understand that all subscriptions renew automatically until cancelled and accept responsibility for all charges prior to cancellation.
After your first payment or reactivation of your account, you will receive an e-mail stating the date on which the first monthly renewal and payment will take place. The subsequent monthly renewals and payments will take place on the same day of the following month. Although these are the dates on which we collect subscription payments from you, we cannot guarantee that we will collect payments on those dates.
You understand that where you do cancel your subscription with us, although your subscription will not be renewed for the next subscription period, you will not be eligible for a refund, or pro-rated refund of any portion of the subscription fee paid for your current subscription period. For more information on cancelling your subscription please see clause 12.
Where our Fees are not payable on a subscription basis, payment of our Fees shall be due and payable prior to the provision of our Services and shall be collected using the payment details you have provided us with.
Where we are unable to collect our Fees from you, we may take the following steps:
We shall continue to attempt to collect payment from you using the payment details you have provided us with; and
We shall contact you in writing to notify you of your outstanding payment using the contact details you have provided us with.
We reserve the right to charge, and you agree to reimburse us, for all collection costs and interest for any overdue amounts.
We also reserve the right to cancel provision of or block access to our Services at any time until all outstanding payments have been made, and to continue charging you our Fees until you cancel your subscription with us.
We have the right to change our Fees at any time. We will endeavor to give you one (1) month notice of any changes to our Fees. If you do not agree with the change, please cancel your subscription with us. You shall be deemed to have accepted our Fee change by continuing to use our Services.
Clause 9. Intellectual property
- Without prejudice to your ownership of Your Content, we own all intellectual property and ownership rights in and relating to:
the Services, the Website and the Platform; and
any content we upload, including, without limitation document templates or designs accessed when using our Services, and any other content appearing on our Services, Website or Platform (“Material”).
Your right to make use of the Services, Platform, Website and any Material or other content appearing is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Website for any purpose not permitted by these Terms shall be a violation of our intellectual property rights and is prohibited.
You may copy, access, download and display Material and all other content displayed on this Website for non-commercial, personal, entertainment use on a single device only. The Material and all other content on this Website may not otherwise be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless we specifically authorise it. Using any Material on any other web site or networked computer environment is prohibited.
For the avoidance of doubt, you shall not:
alter any Materials downloaded via the Services other than expressly permitted by your ordinary use of the Services; and
create, produce or contribute to the creation of any documents designs or templates or other similar materials which are similar to or derivative from the Materials.
After termination of your subscription, you are no longer entitled to use the Materials (for example any Documents) downloaded by you during your use of the Services)
Clause 10. Warranties
Nothing in these Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
Although we make reasonable efforts to update all information provided by the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
The Service (including the Platform) is provided “as is” and “as available” and in particular, we make no warranty or representation that:
Your use of the Service will meet your requirements;The Service will be available;
Your use of the Service will be reliable, uninterrupted, timely, secure or free from error; and
Any defects in the operation or functionality of the Service will be corrected.
Save for as expressly set out in these terms, no implied warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, shall apply to the Service or its use by you.
Clause 11. Liability
As far as any statutory provision does not preclude this, the following liability provisions apply to the use of the Service, Platform and Website.
Our liability in relation to your use of the Services, Platform, Website and/or Materials shall not exceed the Fee paid by you two months immediately prior to the first event which gave rise to your right to bring a claim against us.
We shall not be liable for any indirect or consequential loss or damage suffered by you, irrespective of how such loss or damage may arise.
We shall not be liable for any loss of profit, loss of anticipated savings, loss of business opportunity, loss of goodwill, loss of or damage to data and/or loss of employment or work opportunity, whether the same are suffered directly or indirectly, and whether same is foreseeable or not.
We shall not be liable for any default of these Terms arising from an event outside our control. Events outside our control includes, without limitation, interruption or failure of internet or network connections, telecommunication failures, power failures, domestic disturbances, mobilization, war, traffic, strikes, stagnation in supply and acts of god and any changes in third party circumstances or third party decisions (such as prospective employers).
Clause 12. Duration and cancellation of subscription
These Terms commence as soon as you make use of the Services.
You can cancel the subscription at any time via your Account or by contacting us. You accept that the subscription shall automatically renew after the initial 7 days period and thereafter on a monthly basis until you cancel your subscription with us. To avoid renewal of the subscription, you must cancel your subscription before your allocated subscription renewal date.
We may terminate your use of the Services and/or the Platform immediately without any notice to you:
if you breach these Terms;
if we have any reason to suspect that your use of the Platform or Services is unlawful or would bring us into disrepute;
if we believe we are required by law to terminate your use of the Platform or Services;
if we withdraw the Platform or Service from service; or
in order to protect our legitimate business interests.
On termination for any reason all rights granted to you under these Terms shall immediately cease and you must immediately cease all activities authorised by the Terms (including your use of our Materials).
Clause 13. Your right to change your mind
Our Services enables you to download digital content.
You accept that we deliver the digital content to you immediately when you first create an Account, which you will agree to when creating and Account with us, and accordingly understand that you will not have a statutory right to change your mind or cancel the contract. Your right to cancel the Services is set out in clause 12 above.
Clause 14. Other provisions
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy statement and it is important that you read that information.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
We may amend these terms without your consent. We will notify you of any changes to our Terms. If you do not wish to accept a change, you shall cease use of the Services. By continuing to use our Services, you agree to be bound by any changes or updates to our Terms.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms. You may not transfer your Account to any other person or entity or your rights or obligations under these Terms to another person or entity, unless we agree in writing.
If we fail to insist that you perform any of your obligations under this or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Terms, its subject matter and its formation, are governed by Dutch law. You and we both agree that the Dutch courts will have exclusive jurisdiction to settle any disputes (including non-contractual) arising from or in connection with these Terms.
If you have any questions, suggestions, or comments about these Terms or wish to give us notice in writing, please contact us using our contact form.
If we have to contact you or give you notice in writing, we will do so by e-mail, text message, short message service or by pre-paid post using the contact details you have provided to us.