Legal
Terms of Service
Allgemeine Geschäftsbedingungen
DRAFT — pending legal review. The text on this page was drafted for a qualified lawyer to review and has not yet been reviewed. It describes how JobWin is built and intended to work, but it is not yet a binding legal document and should not be relied on as one.
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1. Agreement to these terms
These Terms of Service are an agreement between you and the company named in section 18 ("JobWin", "we", "us"), which operates the JobWin website, dashboard and browser extension (together, the "Service"). By creating an account or using the Service, you agree to these terms. If you do not agree to them, do not use the Service.
If you use JobWin on behalf of an organisation, you confirm that you are authorised to bind that organisation to these terms, and "you" means that organisation as well as you personally.
These terms work alongside our Privacy Policy, which explains what we do with personal data and forms part of this agreement. Where the two documents both touch a question about personal data, the Privacy Policy governs. Privacy Policy
2. Who may use JobWin
You must be at least 16 years old, or older if the law where you live sets a higher age for entering into an agreement of this kind. You must be able to form a binding contract, and you must not be barred from using the Service under any law that applies to you. Accounts are personal: one person, one account, and an account may not be shared, sold, rented or transferred to anybody else.
3. What JobWin does — and what it is not
JobWin finds job postings, assesses how well each one fits the profile you gave us, prepares application material from your own information, and — for the jobs you approve — either submits applications on your behalf or assists you in submitting them in your own browser. Which of those two applies depends on the employer's application system, not on your plan.
We may change, add or remove features as the product develops. Where we remove something you rely on, or make a change that materially reduces what the Service does, we will tell you in advance whenever we reasonably can.
JobWin is a tool that acts on your instructions. It is not a recruitment agency, not an employment agency, not a career adviser and not your legal adviser. We are not a party to any relationship between you and an employer, we do not represent you to employers, and we receive nothing from an employer in connection with your application.
4. No guarantee of employment or of any outcome
This is the most important clause in these terms, so we are not going to bury it further down.
**We do not guarantee that you will get a job.** We do not guarantee an interview, a reply, a shortlisting, a screening call, a particular number of applications, a particular match quality, or any other outcome from using JobWin. Nothing on our website, in our marketing, in the product, or in a match grade is a promise, a prediction or a warranty about the result of your job search.
Hiring decisions are made by employers, on their own criteria, for their own reasons. We have no influence over them and no visibility into them. A grade of A on a posting means our system rated the fit highly against the profile you gave us, and nothing more: it does not mean you are qualified for the role, that you will be shortlisted, or that any human at that employer will ever read your application.
We also do not guarantee that an application we prepare or submit will arrive, be accepted, render correctly in the employer's system, or be processed at all. Third-party application systems change without notice and fail without telling us or you. We work hard to keep up with them; we cannot promise that we always will, and a failed submission is not a breach of this agreement.
Nothing in this section is intended to exclude or limit any liability or right that cannot lawfully be excluded or limited under the law that applies to you.
5. Your account and your security
You are responsible for your JobWin account: keep your password confidential, use one you do not use anywhere else, and tell us promptly at the address in section 18 if you believe somebody else has gained access to it. You are responsible for activity carried out under your account, except to the extent that it results from a failure on our side.
You are equally responsible for your own accounts on third-party sites — LinkedIn, StepStone, XING, Indeed, employer portals and applicant-tracking systems. JobWin never stores those credentials and never signs in as you: the extension works inside a session you have already opened yourself, on your own device. Keeping those accounts secure, and keeping your use of them within their rules, is yours to do.
6. Your information, and your responsibility for it
You keep ownership of everything you give us: your profile, your CVs, your documents and your answers. You grant us only the licence we need in order to run the Service for you — to store, process, adapt, format and transmit that material for the purposes described in the Privacy Policy, including sending it to an employer when you approve an application. That licence ends when you delete the material or your account, except for copies already delivered to an employer, which are beyond our reach to retrieve.
**The accuracy of your information is your responsibility.** Everything we generate is built from what you told us. If your profile overstates your experience, an application built from it will overstate it too, and neither the system nor we can detect that. You warrant that the information you give us is truthful, that it is yours to give, and that giving it does not breach anybody else's rights or an obligation you owe to a current or former employer — including confidentiality obligations, and including documents that are not yours to share.
7. Generated material: never fabricated, always yours to approve
JobWin uses AI to draft cover letters, tailor CVs and draft answers to application questions. Three rules govern that, and they are terms of this agreement rather than descriptions of a feature — the first two are commitments you can hold us to, and the third is the responsibility you carry in return.
**We do not fabricate qualifications.** Generated material is grounded in the profile, documents and answers you supplied. Where a posting requires something you have not told us you have, the system reports it to you as a gap; it does not invent one to fill it. If you ever find generated material asserting something you did not tell us, that is a defect and we want to hear about it.
**Nothing is submitted without your approval.** You approve a job before any application for it goes out. Automated steps that run after that approval carry out the decision you already made; they do not make new ones, and approving one job is never approval of another.
**You are responsible for what you send.** Generated material is a draft prepared for you, not a statement by us. Review it before you approve. Once you approve a job, the application submitted in your name is your statement to that employer and you are accountable for it. AI output can be wrong, awkward or subtly mismatched to a posting, and no automated check is a substitute for reading it.
8. Third-party sites and their terms
JobWin operates alongside job boards, employer websites and applicant-tracking systems that we do not control and that have their own terms of use. Those terms are between you and them, and using JobWin does not change them.
**You must not use JobWin to breach another site's terms.** In particular, do not use the Service to circumvent a site's access controls, rate limits, robots directives, paywalls or anti-automation measures; to reach a site, a page or an account you are not entitled to reach; or to do anything a site's terms prohibit you from doing there. If a site's terms forbid automated assistance of the kind JobWin provides, it is your responsibility not to use JobWin on that site.
Where JobWin acts on a walled site — LinkedIn, StepStone, XING, Indeed — it does so inside your own browser session, on pages you opened yourself, as an assistant to actions you could take by hand. That is a deliberate design choice, and it is also a boundary: it remains your session, under your account, within the rules that apply to you. If a site asks us to stop, we will stop.
We are not responsible for third-party sites, their content, their accuracy, their availability, or what they do with an application once it has reached them. A posting that turns out to be expired, duplicated, misdescribed or fraudulent is something we will remove when we learn of it, but not something we can warrant against.
9. Acceptable use
You agree not to do any of the following, and not to help anybody else do them:
- use the Service for anyone other than yourself, or run applications on other people's behalf as a service;
- submit false, misleading or fabricated information in an application;
- apply at a volume or rate intended to flood employers rather than to seek work;
- attempt to access another user's data, or any part of our systems you are not authorised to reach;
- probe, scan, overload, disrupt or reverse-engineer the Service, or circumvent any limit, quota, filter or security measure in it;
- scrape, copy, resell or redistribute our data, our matching output, or any part of the Service;
- use the Service to build a competing product, or to train a machine-learning model on data obtained from it;
- upload malicious code, or anything unlawful, infringing, harassing or abusive.
Daily application limits apply to every account. They are there to protect employers from volume that helps nobody, and to protect you from being treated as a bot by the systems you are applying through. Attempting to evade those limits is a breach of these terms.
10. Fees and billing
JobWin is currently free to use. If we introduce paid plans, the terms that apply to them will be set out in this section, and we will publish them before any charge is made: no existing user will ever be charged under terms that were not visible in advance, and starting a paid plan will always require a separate, explicit action by you.
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11. Intellectual property
The Service — the software, the interface, the matching and grading systems, our documentation and our brand — belongs to us or to our licensors and is protected by intellectual-property law. These terms grant you a personal, non-exclusive, non-transferable, revocable right to use the Service for your own job search, and nothing more. No rights are granted by implication.
The application material generated for you from your own information is yours to use, including after you stop using JobWin. Our names and logos are not licensed to you and may not be used without our written permission.
If you send us feedback, bug reports or suggestions, we may use them freely and without any obligation or payment to you. You keep whatever rights you have in them; you simply are not owed anything for our acting on them.
12. Disclaimer of warranties
To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the Service will be uninterrupted, timely, secure or error-free; that match grades, generated material or extracted job data will be accurate, current or complete; that a posting shown to you is still open, genuine or correctly described; or that any defect will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above do not apply to you, any warranty implied by law is limited to the shortest period that jurisdiction permits, and your statutory rights as a consumer are unaffected.
13. Limitation of liability
To the fullest extent permitted by law:
- We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost opportunities, lost data or reputational harm, arising out of or relating to the Service — however caused, on any theory of liability, and even if we were told such damages were possible.
- We are specifically not liable for a job you did not get, an interview you were not offered, an application that failed to reach an employer, or an opportunity that closed while you were using the Service. Those are exactly the outcomes section 4 says we do not guarantee, and this is the limit that corresponds to it.
- Our total aggregate liability arising out of or relating to the Service is limited to the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or fifty US dollars.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, and for gross negligence or wilful misconduct. If you are a consumer in the EU, the EEA, Switzerland or the UK, your mandatory statutory rights are unaffected by this section, and it applies to you only to the extent your local law allows.
14. Indemnity
You will indemnify us and hold us harmless from claims, damages, losses and reasonable legal costs arising from your breach of these terms, from information you gave us that was untrue or that you had no right to give, or from your use of the Service in breach of a third party's rights or of another site's terms. We will tell you promptly about any such claim and will not settle it in a way that imposes an obligation on you without your consent; equally, you may not settle it in a way that imposes an obligation on us without ours. If you are a consumer, this section applies only to the extent your local law permits.
15. Suspension and termination
You may stop using JobWin at any time, and you may delete your account from the dashboard. Deleting your account deletes your data as described in the Privacy Policy. You do not need to give a reason and we will not ask for one.
We may suspend or terminate your access if you materially breach these terms, if your use puts the Service, other users or employers at risk, or if we are required to by law. Where the circumstances allow it, we will warn you first and give you a reasonable chance to put the problem right; where a breach is serious or harm is ongoing, we may act immediately and tell you afterwards, with our reasons.
We may also discontinue the Service as a whole. If we do, we will give you reasonable advance notice and a way to export your data before it stops, and we will refund any prepaid fees covering a period after the shutdown.
Sections 6, 11, 12, 13, 14, 17 and this sentence survive the end of this agreement, however it ends.
16. Changes to these terms
We may change these terms. Where a change is material, we will tell you at least 30 days before it takes effect, by email or in the product, and it will apply to you from that date. If you do not accept it, your remedy is to stop using the Service and delete your account before that date; continuing to use JobWin afterwards means you accept the change. Changes that are not material — a clarification, a corrected typo, a new address — take effect when they are published. The date at the top of this page is the date of the last change.
17. Governing law and disputes
These terms, and any dispute arising out of or relating to them or to the Service, are governed by the law of {{GOVERNING_LAW_STATE}}, without regard to its conflict-of-laws rules, and the courts identified there have exclusive jurisdiction over any such dispute.
**If you are a consumer resident in the EU, the EEA, Switzerland or the UK, the paragraph above does not deprive you of the protection of the mandatory consumer-protection law of your country of residence, and you may also bring proceedings in the courts of that country.** A choice of US law cannot take a European consumer's home-law and home-court protections away, and we are not attempting to draft as though it could.
Before filing anything, please write to us at the address in section 18. Most disputes turn out to be a misunderstanding, and we would far rather resolve one in an email than in a courtroom. We are not obliged to take part in dispute-resolution proceedings before a consumer arbitration board, and we do not currently do so.
18. Contact
- Legal name
{{LEGAL_NAME}}- support@jobwin.ai