Terms of Services
1. Application of these Terms
2. The Service
3.2. Creating a Profile is free for Employers.
3.3. You can create your Profile by filling in the information in the provided form.
3.4. You will receive a confirmation for joining the Services of WeAreDevelopers via email to the email address you provided to WeAreDevelopers upon registration. WeAreDevelopers may change the method of registration at its own discretion.
3.6. You will be able to edit your Profile information at any point, adding, changing or removing any information.
3.7. By registering to the Service with a third-party account or populating your Profile by importing such information from your social network account, you hereby grant WeAreDeveloper permission to access and use your information through that service, as permitted by that third party service, and to store your log-in credentials for that service to enable the Service.
3.8. You must provide accurate and complete information during the registration process and you agree to not misrepresent your identity.
3.9. You are responsible for maintaining the confidentiality of your account, Profile, and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Website registration and password, whether or not authorized by you. In addition, you undertake to notify us immediately if you notice or suspect unauthorised access.
3.10. WeAreDevelopers will review the information that you provide to WeAreDevelopers during the registration process and WeAreDevelopers may also review any other information about you that is publicly available.
3.11. WeAreDevelopers reserve the right, in its sole direction, to accept or reject your registration to use the Website and Services without giving reasons. You can start using the Website and Services after we have accepted and activated your registration and you have selected your Plan.
4. Developer’s Obligations
4.2. A breach by the Employer against the above listed obligations entitles us to delete the account and the Profile of the Employer.
4.3. The Employer will indemnify WeAreDevelopers and hold it harmless in all respects in connection with his/her usage of the Website and Service.
5. Intellectual Property Rights
5.2. The Terms do not convey to you an interest in or to WeAreDevelopers Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the WeAreDevelopers’ Intellectual Property under any law.
5.3. To the extent you provide any feedback, comments or suggestions to WeAreDevelopers (“Feedback”), WeAreDevelopers shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any WeAreDevelopers current or future products, technologies or services and use same for any purpose, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require WeAreDevelopers to comply with any additional obligations with respect to any WeAreDevelopers current or future products, technologies or services that incorporate any Feedback.
5.4. You grant to WeAreDevelopers a non-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to (1) display, publicly perform, distribute, store, broadcast, transmit and reproduce your logo(s), service marks, trademarks, trade names trough the Website, the Service and/or any other medium currently invented or invented in the future; and (2) display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of the content that you provided and anything WeAreDevelopers may make with the content through the Website, the Service and/or any other medium currently invented or invented in the future. Further you waive and agree never to assert any copyrights in and to all of the materials licensed in this section.
5.5. WeAreDevelopers reserves the right to display advertisements in connection with the content provided by you through the Website, the Service and/or any other medium currently invented or invented in the future. WeAreDevelopers are not required to host, display, or distribute any of the content and WeAreDevelopers may refuse to accept or transmit the content, and may remove or delete all or any portion or the content from the Website at any time.
5.6. By submitting any content to WeAreDevelopers, you hereby represent and warrant that you own all rights to the content or alternatively, that you have the right to give WeAreDevelopers the license described above. You represent and warrant that the content provided by you does not infringe on the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party.
6. Links to Third Party Sites
7.2. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Service, we will prohibit and block such person from accessing the Service and will make all efforts to promptly delete any personal information with regard to such person.
8.2 There is no exclusivity regarding the profiles from Developers, so other Employer may also receive a profile you are provided by the service.
8.3 The Employer is free to send contact requests to as many of developers with matching profiles provided by the service as he wants to.
8.4 The number of active Streams as the number of provided profiles per active Stream within a 30-days-period is limited according to the selected Plan.
9. Terms of Payment
9.2 The service will be charged according to the selected Plan on a calendar month basis, whereby the amount due for a calendar month will be invoiced in advance on the first day of said month.
9.3 If the Employer choose payments on a yearly basis upfront there is a discount of 2 months, which means you can use the service for 12 months and pay only for 10.
9.4 In the event that the contract should be terminated by the Employer (except termination for good cause according to 13.4) or by WeAreDevelopers for good cause (see 13.3), no refund – be it in part or in full – will be given for any Service fees paid in advance.
9.5 The payment is due within 14 days after the date of the invoice. Interest on overdue payments will be charged at the rate of 9.2% p.a. above the latest base interest rate set by the European Central Bank as of the due date.
9.6. Furthermore, in case of default of payment by the Employer, any dunning charges or collecting fees, which are necessary for an appropriate legal prosecution, shall be borne by the Employer. The assertion of other claims or rights remains unaffected. Moreover, WeAreDevelopers shall not be obliged to provide further Services until the outstanding amount is paid.
10. Changes to the Website and / or the Service
12. Warranty and Limitation of Liability
12.2.WeAreDevelopers does not warrant, that an certain number of Developer profiles will match with an active Stream of the Employer. If the Employer is not satisfied with the amount of matchings with an active Stream WeAreDevelopers and the Employer will together try to modify the Stream to increase number of matchings. Furthermore, WeAreDevelopers does not warrant, that an Employment Contract will be concluded between the Employer and a Developer though the usage of Website and the Services.
12.3. Usage of the Website and the Services is solely at the own peril and own risk of the Employer. Because Developer authentication on the internet is difficult, WeAreDevelopers cannot and does not warrant that each Developer is who they claim to be.
12.4. WeAreDevelopers shall be liable to Employers, if damage is caused by wilful misconduct or gross negligence. The liability for slight negligence of WeAreDevelopers, except for personal injuries, shall be excluded.
12.5. WeAreDevelopers shall not be liable for any indirect and consequential damages, in particular, but without limitation to, lost profits and third party claims arising out of or in connection with the Website or the Services.
12.6. WeAreDevelopers does not act as an agent for the Developer or the Employer. Any agreements created between an Employer and a Developer are not binding on us. We are not liable for, or obligated to enforce, any agreements between an Employer and a Developer. You will not consider WeAreDevelopers, nor will WeAreDevelopers be construed as, a party to such transactions whether or not WeAreDevelopers receives some form of remuneration in connection with the transaction, and WeAreDevelopers will not be liable for any costs or damages arising out of or related to such transaction.
12.7. You acknowledge that according to the state of technology there is no process to guarantee error-free execution of software. Therefore, we may not assume any liability for a continuous, error-free operation and a permanent usage of the Website, the Service as well as for the underlying software.
12.8. We are not responsible and have no liability for any links, information or services provided by any person or entity other than WeAreDevelopers including, without limitation, any technical failures or the lack of availability of any features and services available within the Website or the Service which are not under WeAreDevelopers control. The Employer himself/herself is responsible for critically checking links, information or services from third parties and appraising it under his/her own responsibility.
12.9. No liability shall be assumed for correctness and completeness of any information on the Website. WeAreDevelopers takes no responsibility and assume no liability for any information / content that is posted, stored, uploaded, or transmitted via the Website or the Service by Developers, Employers or third parties, or for any loss or damages that may occur because of such information / content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity.
12.10. WeAreDevelopers shall not be liable for any kind of abuse of data or information by either Developers, Employers or third parties.
12.11. Further, WeAreDevelopers shall not assume any liability for system failures, disturbances, data loss and viruses resulting from external attacks or any other reason.
12.12. The Employer shall be obligated to indemnify and hold WeAreDevelopers harmless against any third party claims resulting from the use of the Website by the Employer.
13. Conclusion of an Agreement and Termination
13.2 If the Employer chooses to pay on a yearly basis according to 9.3 – instead of the rules set in 13.1 – the contract shall have a duration of one year and shall be extended automatically by a further year unless one party terminates the contract within a termination period of 2 months.
13.3. WeAreDevelopers is entitled to terminate the Agreement with immediate effect for good cause. Such good cause shall exist in particular, but not limited to, if the Employer is in breach of material obligations under the Agreement, such as default of payment or persistent breach of material provisions of these Terms.
13.4. The Employer is entitled to terminate the Agreement for good cause with immediate effect. Such good cause shall exist in particular, but not limited to, if WeAreDevelopers commits a material breach of the Agreement or these Terms.
14. Applicable Law and Place of Jurisdiction
14.2. WeAreDevelopers and the Employer agree that the competent court in Vienna shall have jurisdiction to hear and determine any suit action or proceedings and to settle and, for such purposes, irrevocably submit to the jurisdiction of such courts.
15. Final Provisions
15.2. Any changes, amendments and side agreements to these Terms are only valid if made in writing. This shall also apply to any agreed waiver of the written form requirement.