Foreword

We at InMatch AG, Via Motta 24, 6830 Chiasso TI (Ticino), Switzerland (hereafter “InMatch”), are committed to connecting job seekers and employers worldwide. Our services are designed to facilitate the recruitment process by matching suitable candidates with employers and simplifying applications. Job seekers and candidates (hereinafter also referred to as “users”) can create a job profile on our platform inmatch.com (hereinafter referred to as “platform” or “product”), enabling them to submit applications, store, and manage their application documents in one place. Employers can also use the platform to post job opportunities and manage applications.

By accessing or using the InMatch platform, including simply browsing the website, users agree to abide by these General Terms and Conditions (hereinafter referred to as “GC”). The act of navigating or using the platform constitutes acceptance of these terms.

InMatch provides its core services free of charge for both job seekers and employers. Job seekers can search for jobs, create profiles, and submit applications without incurring any costs. Similarly, employers can post job opportunities and receive applications using the platform’s standard functionalities at no charge. InMatch’s commitment to free core services ensures that both candidates and employers can engage in the recruitment process transparently and equitably.

The platform also offers optional paid services for employers, such as enhanced visibility for job postings and additional tools to streamline the recruitment process. However, these paid features are entirely optional and do not restrict the use of the platform’s core functionalities. InMatch remains a platform where both employers and job seekers can access key services without mandatory fees or obligations.

1. General provisions

These General Terms and Conditions (GC) apply exclusively to services provided by InMatch to individual users, including job seekers and candidates. Employers are subject to separate Terms of Use specifically designed for companies and organizations (hereinafter referred to as “Employer Terms”).

By accessing or using the InMatch platform, including simply browsing the website, users agree to abide by these GC. This agreement applies to all interactions with the platform, whether active or passive.

InMatch is proud to offer its core services entirely free of charge to individual users. Job seekers can create profiles, apply to job postings, and manage their applications without incurring any fees. The platform is designed to ensure accessibility and transparency for all users.

These GC govern all interactions between individual users and InMatch. Any conflicting or additional terms proposed by users shall only apply if explicitly agreed upon in writing by InMatch.

InMatch reserves the right to update or modify these GC. Changes will take effect if users do not object in writing within two weeks of receiving notification of the changes. Users will be informed of their right to object and the relevant deadline in the change notification.

If a user objects to the changes, the prior version of the GC will remain applicable. In such cases, InMatch reserves the right to terminate the user’s account with two weeks’ notice. Essential contractual obligations necessary for accessing InMatch’s core services will not be subject to unilateral modifications.

2. Subject matter of the contract, scope, and notice

InMatch's primary obligation is to provide the platform. Through the user account, it is possible to create a career profile, which can be viewed by companies to which the user has applied for a job through the platform and on common search motodes (e.g., Google and Bing). In addition, users can manage the content and documents required for job applications through the platform, as well as search for job vacancies and monitor submitted applications.
If the user submits an application through the platform, InMatch will do its best to forward it to the respective employer as part of its service.

The data entered and data generated through the use of the platform are also used by InMatch to improve the matching algorithm in order to be able to suggest the user's profile to potential employers for open positions as well as suggest job offers that are increasingly relevant to the candidate.
This does not entitle the user to demand that his or her application be proposed to certain employers. Furthermore, the user is not entitled to a specific design or configuration of the platform. InMatch reserves the right to update the platform at any time and to add or remove functionality in the course of this, as well as to modify it in whole or in part at its reasonable discretion, taking into account the user's interests, or to temporarily or permanently discontinue functionality, provided that this does not affect InMatch's essential contractual obligations from the contractual relationship and that this is deemed reasonable for the user.

InMatch strives to ensure that the platform can be used as uninterrupted as possible. However, technical disruptions (e.g., power outages, hardware and software errors, technical problems in data lines) may result in temporary limitations or interruptions. InMatch provides the platform with an overall availability of 99% as an annual average. Availability is calculated net of periods required for maintenance. The platform will not be available during maintenance work. In addition, the right to use the content available on the platform is subject to the scope of InMatch's technical and operational possibilities.

InMatch will regularly send the user, on its own behalf or on behalf of the companies posting job vacancies, an e-mail containing relevant information, such as the current status of a job application, whether an employer has taken any action in connection with a submitted CV or application, such as when an employer has opened or viewed the user's CV or application or made a decision. Job postings and other employer content that may be displayed on the platform are considered third-party content by InMatch unless clearly referenced by InMatch.

InMatch does not control the completeness, accuracy, or legality of third-party content and therefore assumes no responsibility or warranty for the completeness, accuracy, legality, or timeliness of third-party content. This also applies to the quality of third-party content and its suitability for a specific purpose, as well as in the case of third-party content on linked external websites. Users, however, are provided with a feature by which through the platform they can report one or more job offers or content or that appear to violate legal provisions or the terms of use of the platform, and InMatch undertakes to follow up on these reports by verifying them in a timely manner.

3. Opening a user account

In order to use the platform, a user must first open an InMatch account. The minimum age for users is 18 years old. There is no absolute right to enter into a contract with the user.
To open an account, a user is required to provide correct personal information, which can be verified. Accordingly, opening a user account by providing incorrect personal data is a violation of our TOS. This also includes user accounts opened in the name of others or for or by persons under the age of 18. In such cases, we reserve the right to extraordinary and final termination of the contract with the user.

You confirm that the contact details and other information requested by InMatch during the registration process are complete and correct. The use of pseudonyms, abbreviations, and artist names is not permitted.
To verify the information provided, InMatch sends the user a confirmation e-mail using the double opt-in procedure. The information submitted during the registration process is checked by InMatch for completeness and plausibility. If the information is deemed correct by us and there are no other concerns from our point of view, we will activate the requested access and notify the user by e-mail.

By clicking on the confirmation link contained in the e-mail, or on any link contained in e-mails personalized with the user's first and last name (except for the link to request deletion of profile), the user accepts the offer to enter into a user agreement. The user is responsible for the secrecy of the registration data and is required to keep his or her user name and login password secret, not to pass them on, not to allow unauthorized persons or third parties to become aware of them, and to take necessary measures to ensure confidentiality. If a registered user forgets or misplaces his or her login information, or if there is a suspicion that his or her user account is accessible to a third party, the user must inform InMatch by e-mail at hello [@] inmatch.com (the e-mail address given above is intended without the square brackets and without the spaces).

4. Use of the platform and prohibited activities

InMatch offers users the opportunity to create a detailed professional profile by answering specific questions about themselves and their professional career, as well as questions about their job search needs.
The answers are necessary to optimize the user experience, as the additional information allows InMatch to offer the user the best possible career opportunities through the suggestion and recommendation function. In this case, the user's occupational profile is compared with the requirements profiles of the job ads. If the comparison shows that the user meets the requirements or that a job ad matches the user's profile, the user is suggested the corresponding job ad or employer, or the user's professional profile is suggested to the employer. This does not entitle the user to expect InMatch to suggest job openings to the user or to have the user's professional profile suggested to employers. The user is responsible for all content he or she posts and is required to comply with all applicable laws and other legal provisions, as well as the provisions of these GTC, when submitting job applications and creating or maintaining his or her professional profile.

In particular, the user is prohibited from posting data or content such as text, images, logos, etc. that violates applicable laws, intellectual property rights, copyrights, or other rights of third parties. Files containing violent, pornographic, discriminatory, insulting, racist, defamatory or otherwise illegal content or representations are also prohibited and may not be uploaded and/or made publicly accessible or form part of the content conveyed through the platform. It is also prohibited to upload files in which third-party company names, trademarks or other commercial symbols or other protected logos appear, in whole or in part, unless the user has the relevant rights of use and/or authorization. Similarly, users are prohibited from taking any action that would impair the smooth operation of the platform, especially overloading InMatch's systems.

In case of reasonable suspicion of breach of contract or illegal activity, InMatch has the right to audit the user's activities and, if necessary, to take appropriate legal action without prior notice. This may include blocking and deletion of content, deactivation of the user account or professional profile, termination of the contractual relationship, permanent exclusion from the platform, or referral of the facts to law enforcement or authorities designated by law. If InMatch terminates the contractual relationship with a user due to reasonable suspicion of breach of contract or illegal activity, the user has neither the right nor permission to open a new user account in his or her name or in the name of another or to use another user's account to access the platform. In case of negligent violation of the above obligations, the user shall immediately indemnify InMatch, upon first demand, from all consequential claims of third parties.

5. Use of artificial intelligence (AI) services

InMatch utilizes external Artificial Intelligence (AI) services through API integrations to enhance its platform and functionalities.
By using InMatch.com or any product or service offered by InMatch AG, including merely browsing the website, users explicitly consent to the transmission of their data to third-party AI service providers via APIs for processing.
InMatch AG disclaims all liability for any inaccuracies, errors, or unexpected outcomes resulting from AI-generated outputs.
Users acknowledge that the use of AI-based services involves inherent risks and agree that InMatch AG is not responsible for the reliability, accuracy, or suitability of AI-generated content.
This limitation of liability applies irrespective of whether the user actively engages with AI-based features or not.
By continuing to use InMatch.com or any associated service, users agree to this limitation of liability and fully accept the terms outlined herein.

6. Duration and Termination

The platform use agreement begins with acceptance under Section 3 and is entered into for an indefinite term. The user has the right to terminate the agreement at any time and without notice by requesting the closure of their account through the appropriate section on the platform. InMatch will then deactivate the user account and professional profile and irrevocably delete all data stored by the user on the platform and submitted applications from its servers. This is without prejudice to further processing based on legal retention obligations.

InMatch reserves the right to terminate the agreement with the user at any time with written notice (e-mail) of two (2) weeks. The right to terminate for good cause remains unaffected. Good cause includes, but is not limited to, the user’s culpable violation of the provisions of these GTC or improper or illegal behavior within the scope of the contractual relationship. In such cases, InMatch reserves the right to close the user’s account with immediate effect and without prior notice.

If an account is terminated due to a violation of the terms, the user is prohibited from registering a new account under their name or a third party’s name or accessing the platform using another user’s account. InMatch reserves the right to take further legal action if necessary.

7. Liability

Unless otherwise stated in these GTC, InMatch shall be liable within the scope of the use of the platform in accordance with the following provisions. If the user suffers damage as a result of the use of the platform provided free of charge, InMatch will only be liable if the damage has occurred despite contractual use, if the user has not acted negligently, and only in cases of intent (including willful misconduct) and gross negligence on the part of InMatch. The user is solely responsible for violations of his or her obligations, in particular for violations of trademarks, copyrights, and naming rights of third parties. This does not apply if the user is not responsible for the breach of obligations. The user shall indemnify InMatch against all claims by other users and third parties on first demand, which are asserted against InMatch due to a violation of rights or contract by a third party user.

8. Privacy

Data protection is a top priority for us, and we are committed to the highest quality standards. Details on the data processing carried out by InMatch can be found in the latest version of the Privacy Policy. InMatch is responsible for data processing through the platform under the LC, OC and DPA for Switzerland and GDPR for EU countries. If an application is transmitted to an employer through the platform, the employer is responsible under the Data Protection Act for the data processing that takes place after transmission. The data transmitted as part of the application, in particular the cover letter, CV, additional information in the job profile and documents, and contact details, are processed by the respective employer and may be stored locally.

9. Final provisions

Swiss law, where InMatch is headquartered, applies exclusively. Any changes or additions to these GTC and all declarations by the parties regarding membership must be made in writing (including by e-mail) to be considered valid. This also applies to the modification of the written form requirement. There are no additional verbal agreements to this contract. If any provision of these GTC is invalid in whole or in part, it will not affect the validity of the remaining provisions of the GTC.