Version 1.01, 14th November 2023

Welcome

Welcome to the Terms of Use for End Users on Jobgrader.
Jobgrader UG, Münchener Straße 45, 60329 Frankfurt am Main (“Jobgrader”, “We” or “Us”) operates the mobile application Jobgrader (“Jobgrader” or the “App“), including the Marketplace, the Chat and the Wallet (collectively the “Functionalities“). The App enables our end user (“User”, “You” or “Account Holder”) to securely verify, manage and consent to share their personal data (“User Data”) in connection with services and goods (“Offerings”) of our verified Service Providers, Merchants and Authorities (collectively the “Trusted Partners”).
Jobgrader was developed with the goal to empower Users regarding their User Data. We do this by changing the way data transactions happen online — You choose the User Data You want to share, when You want to share it and with whom You want to share it with. This allows You to truly have the power of consent by ensuring that any User Data sharing is consensual and transparent. You will find more detailed information on the processing of your User Data in our “Jobgrader Privacy Policy“.
These Terms of Use only govern the relationship between You and Jobgrader with respect to the use of the App and Functionalities. Any business transacted between You and a Trusted Partner is subject exclusively to the provisions agreed between You and them.  It is important that You carefully read through the Terms of Use, Jobgrader Privacy Policy and Third Party Sharing Policy, to understand how we expect our Users to interact with Jobgrader and what our Users can expect from us.

Onboarding process

The use of the App and Functionalities are available only to natural persons and are free of charge. You will have to bear any connection or transmission fees incurred with its use.
Once You have downloaded the App, You must complete the two-step registration process to access the Functionalities by selecting an individual user name, personal access password (collectively the “Access Information”) and confirming your email address through a 2-Factor Authentication Process.
Jobgrader may provide You with additional personalized features (“Personalized Security Features”) for certain features and Services. No person other than the Account Holder must have the Access Information or Personalized Security Features. The Access Information and Personalized Security Features are to be stored securely, protected from access by third parties and not passed on to third parties. If there is a suspicion of unauthorized use of the Access Information and/or Personalized Security Features or of disclosure to third parties, we must be informed immediately by emailing support@blockchain-helix.com.It may be necessary to provide User Data in order to further access Functionalities and/or Trusted Partner Offerings. The User Data that You store in your Jobgrader account during or after registration, must be correct and up-to-date. You are responsible for entering the correct information for your account. Furthermore, if You are under the age of 18 years, You are a minor and will therefore need the consent of your parents and/or guardians before You can use the App.
Upon confirmation of your registration on Jobgrader, a contract of use between You and Jobgrader in full agreement with these Terms of Use. Jobgrader reserves the right to refuse to conclude a contract of use without stating its reasons.

Accessing App Functionalities

Once you are a registered and verified User, You  can access the Functionalities. Currently, Jobgrader offers the following Functionalities:
3.1 Single Sign-On
The Single Sign-On functionality allows you to link your access rights and User Data from the App to connected Trusted Partners’ Offerings in order to and thus simplify future login processes.
3.2 Jobgrader Marketplace
On our Jobgrader marketplace you can find a variety of offers to choose from our Trusted Partners. You have the possibility to choose from different offers and guarantee your advantages.  The Trusted Partner is also authorized to link from its online content to the Jobgrader app.
The Trusted Partners decide themselves which offers they want to integrate into the Jobgrader marketplace.
When a sale is concluded, a contract is formed between you and our Trusted Partner. The conclusion of the sale can take place within or outside the Jobgrader App. The Trusted Partner is solely responsible for offers, complaints and other matters arising from the contract between you and the Trusted Partner.
The Trusted Partner will request certain data from you in order to provide you with access to its offers. The requested data will be listed by him in detail, with additional information (acc. to Art. 6 Nr.1 GDPR) why and how long he will use this data.
For more information about the processing of user data in relation to the marketplace, please read here https://jobgrader.app/app-privacy-policy.
3.3 Jobgrader Chat
The Chat functionality allows you to communicate with other Jobgrader Users. The Chat is used to send and receive messages. When a message is sent the receiver will be informed with a notification on the mobile device. Additionally, We provide a Group Chat function where numerous Users can communicate at the same time with each other. The data is only processed and shared between individual Users after they agree to connect with each other. All messages on Jobgrader are end-to-end encrypted.
If a User decides to use Jobgrader Chat Functionalities, the following personal data will be shared: username chosen by the User during the registration process; Display picture if available; DID- clearname generated during the registration; and Chat public key generated during registration (as highlighted in the Jobgrader Privacy Policy).
We report offensive and infringing content that we receive either through reports from our users or comparison with a key library. This is more specifically those posts that contain insults, obscenities, personal attacks, glorifixing violence, racist, anti-Semitic, homophobic, sexist or otherwise discriminatory statements; the account of the author(s) will be reported by us after review and further access will be blocked and deleted in the context of a further review. The same applies to contributions that are written in vulgar, abusive or hateful language or violate the rights of third parties and copyrights.

Sharing Data with Trusted Partners

We do not sell your personal data to third parties. We do not share information that directly identifies you, unless based on your consent.
As a user, you are responsible for your actions on our App and for passing on information to any Trusted Partner. Any information You receive through the App and Functionalities is intended for You and not for third parties. This it places you at the centre of consent whilst adding a responsibility on your shoulders. This is why Jobgrader secures such a high level of privacy for the User as there is complete transparency on how your User Data is processed by a Trusted Partner. Therefore, We will not be liable for Users who accidentally share User Data with Trusted Partners.
Since we have no direct control over the actions, content and performance of Trusted Partners, please make sure that You are aware of their legal documents. It should remain private unless law enforcement authorities require access to this information. This information is further elaborated in the Jobgrader Privacy Policy.

Grant and Scope of License

We hereby grant you a non-exclusive, non-transferable right to use the App within the [European Union] during the term of this agreement and solely for the purposes of this Terms of Use.
The right to copy the App granted to You herein is limited to the installation of the App on your device which is your immediate possession and to fulfill the purposes of this agreement. Further rights to use and exploit the App and to revise or to decompile the App are not granted to you, unless such rights must be granted in accordance with mandatory legal requirements. You must not access or use the App by any means other than downloading its application distributed by Apple and Android from legal platforms such as Google Play for Android and App Store for iOS or through websites operated by Jobgrader .

Liability

We shall be fully liable to You for intent and gross negligence. For other ordinary negligent actions, We shall be liable only for:

damages for which we are liable due to mandatory legal regulations (especially product liability law), as well as
damages due to the violation of essential obligations which endanger the achievement of the purpose of this contract or the fulfillment of which makes the proper execution of this contract possible in the first place and on which the contractual partner may regularly rely (“cardinal duties”),
except for damages that affect life, physical injury or health.

In case of violation of cardinal duties, the level of liability for simple negligence on the part of Jobgrader shall be limited to damages that are typical for the contract and foreseeable at the time of contract conclusion.
We assume no liability or guarantee for the type, scope and quality of the Online Shops and other Trusted Partners to which is referenced via links, products, services or information offered. In particular, we assume no liability or guarantee for the functionality and compatibility of systems, programs, etc. that are not directly part of our App and Functionalities and on which we have no influence. We can therefore not assume any liability for the accessibility, the graphic, content or technical design and functionality of the Online Shops or third parties and the products, services, information and other services offered or not offered there.
The above exclusions and limitations of liability also apply in favor of employees, vicarious agents and other third parties whom Jobgrader uses to fulfill the contract.
The limitations of liability do not apply to claims for intent and gross negligence, personal injury and fraudulent intent for the services offered by us.

Indemnity

We (including our Trusted Partners, and their respective officers, directors, employees, agents) will indemnify and hold harmless from any claim or demand, including reasonable attorney’s, made or incurred by any third party due to or arising out of a breach of these Terms of Use, misuse of functionality by or violation of any law or the rights of a third party.

Availability and Suspension

We shall endeavour to keep the App, Services and Functionalities available at all times. Jobgrader warrants that it will make the App available 95% of the time at an annual average. Necessary maintenance work will be carried out as far as possible during night hours. Necessary maintenance work is not taken into account when calculating the annual average. If the App, Services or Functionalities are unavailable due to Internet or network failures and in particular due to technical or other problems beyond our control, we shall not be liable for such downtime.
In case of abusive or illegal use of the Services or the App, we are entitled to block your Account and restrict the use of the Services and/or Functionalities.  Furthermore, we may block your Account or temporarily stop or restrict your use of the Services or the App at any time, if and due to the extent that this is necessary for the security of the App and/or the systems used for its operation or the User Data stored on the App.

Privacy Policy

As we are a company that takes care of your User Data, we have strict rules on how we manage your User Data and strict rules on the selection of Trusted Partners.
Our technology enables You to have full transparency and control over who has access to your User Data, with the ability to view a record of any User Data sharing that has taken place. While a Trusted Partner typically needs to access an entire personal document to complete a transaction, our unique User Data sharing process allows Trusted Partner to know whether a User has a specific document or  access User Data without needing to disclose the entire personal document. For compliance and auditing purposes, Jobgrader and the Trusted Partner store certain information, including a pseudonymous hash, time and date of processing.
We work with trustworthy companies, but are not responsible for the actions of third parties. Please read the “Privacy Policy of Jobgrader” for more information about what information we collect, store and how long we keep it.

Amendment of the terms of use and termination of contract

We reserve the right to change these Terms of Use, e.g.,in the event of a change in the legal situation or additions to our services. The amended Terms of Use will be sent to you by e-mail or displayed when log in. Furthermore, we will inform you about the effective date of the changes. This is also the beginning of a six-week first period to object to the changes. The objection must be done in written form, i.e. at least by e-mail, and can be made via office@blockchain-helix.de. If this is not done within the set period, the amended Terms of Use are deemed to be agreed. Please note that we will have to delete your user account on Jobgrader in the event of an objection.
The latest Version of our Terms of Use can be found at https://jobgrader.app/app-termsofuse
You are free to withdraw from the Terms of Use at any time without notice and without giving any reason by notifying us in written form.
We are entitled to terminate the user agreement with you at any time with a notice period of 2 weeks. In the event of a termination, we will block your account at the time the termination becomes effective. We reserve the right to terminate the user agreement with immediate effect in serious cases. From this point on, it is no longer possible to use the App and its Functionalities.
Subject to any legal storage or retention periods, your User Data will be permanently deleted. If your User Data is still required to process outstanding transactions (e.g. conclusion of transactions and payments with Trusted Partners), they will be deleted at the earliest after the transactions have been processed.

Closing Provisions

German law shall apply, excluding conflict of laws provisions. German jurisdiction (preferably the courts in Frankfurt am Main) shall have local and substantive jurisdiction. The applicability of mandatory consumer protection regulations remains unaffected.
Should a provision of these Terms of Use prove to be invalid, unlawful or unenforceable, this shall not affect the validity, legality and enforceability of the other provisions of these Terms of Use. The parties undertake instead to replace the invalid stipulation with a valid regulation which comes as close as possible to the purpose originally intended.
You can contact the European Commission’s Online Dispute Resolution consumer platform at: http://ec.europa.eu/consumers/odr. Jobgrader UG is neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration body in accordance with the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).
These Terms of Use (as well as the “Jobgrader Privacy Policy” and “Jobgrader Third Party Sharing Policy“) were created in German and English for your use. If there are any discrepancies regarding the content of the texts, the German language version is binding.

Controller

The controller responsible for the processing of data in terms of Data Protection law is:
Jobgrader UG, Münchener Strasse 45, 60329 Frankfurt am Main, Germany
Email: contact@jobgrader.app

Please feel free to also contact our customer service with any general questions on Jobgrader at:

Email: support@jobgrader.app