Terms of Use

Welcome to Resumaker S.L. (the “Company”, “Resumaker”, “we”, “us”) with registered office at Avenida Diagonal 534, Barcelona, ​​08006, Spain. These Terms of Use (“Terms”) apply to the Company and to all of its affiliates worldwide. When reference is made in these Terms to the Company, it shall include all of its Affiliates, where applicable. Resumaker Website located at https://resumaker.ai/  and all other sites, mobile sites, services, applications, Websites and/or tools where these Terms appear or are linked (collectively, the “Website”). These Terms, together with our Privacy Policy, constitute the entire and complete agreement (the “Agreement”) between you and the Company. Either you or Resumaker may be referred to individually as a “Party” or collectively as the “Parties”.

We offer our Website, including all information, tools, and services available on the Website to you, the “user”, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. Please take some time to review the Agreement you are entering into. If you do not understand these Terms or do not agree to be bound by it or the Privacy Policy, you may not access or use the Website or our Services (defined below), and you must immediately cease accessing or using the Website.

We operate globally and, as a result, different laws may apply depending on where a user resides. These Terms are intended to apply to all users regardless of geographic location to the extent legally enforceable in each user’s place of residence.

Our Services are intended for users who are at least 18 years of age.

 

* If you are a resident of the European Union, please see the EU Residents – Supplemental Terms for more information about specific additional or alternative terms that apply to you.

 

* If you are a resident of the United States, please see the US Residents – Supplemental Terms for more information about specific additional or alternative terms that apply to you.

By reading the statement and using the Website, you declare that you have agreed to the terms written in this statement and agree to accept future amended terms. In the event that you use our Services on behalf of an organization, you agree to these Terms behalf of you or your organization and its authorized users, and you acknowledge that you have the authority to bind that organization to these Terms. The agreement is electronic, and we will present to the customer the Terms before performing an action that requires its presentation.

1.      Privacy Policy

Your privacy is important to us. As such, our Privacy Policy is an important part of these Terms. The Privacy Policy explains how we collect information from you and how we may share that information.

 

2.      Our Services

At Resumaker, we strive to change the way people write resumes. We aim to create a convenient and user-friendly system that helps you create a resume in minutes. We provide you with tools to build your resume easily, quickly, and in a professional manner including resume creation technology and a system supporting it and personal areas (the "Services"). You can use the Services to generate, edit, export, and download resume and cover letter templates or you can work with one of our professionals to create your personalized resume. For as long as you agree to these Terms and abide by them, you may use the Services. These Terms apply to all users of the Website and Services, including visitors and registered users.

 

3.      Company property

All proprietary rights on the Website, any information, text, graphics, patents, ideas, or other materials appearing on the Website (the "Content"), and any Services provided through the Website, including any future services and any improvements to the Website are and will remain in the sole property of the Company and its authorized entities. Company retains all rights of any kind to such Content and Services, which you agree not to contest. The Website, content and services are protected by copyright laws, trademarks, patents and similar rights.

 

Aside from the stated in these Terms, you may not copy, modify, or prepare works based on them, distribute, sell, transfer, publicly display or perform, broadcast, or use in any other way. You may not copy or modify any part of the source code including the CSS, HTML or JavaScript on the Website. Also, you may not use the Website, Content, or Service for any purpose other than your use of the Services in accordance with these Terms without the explicit permission of the Company. You acknowledge that your use of this Website is for private purposes only and not for resale.

 

4.       Eligibility. By accessing and/or using the Services, including by doing so after accessing these Terms, you represent and warrant that you are over 18 years old and are legally qualified to enter into and form contracts under applicable law.

 

5.      License to Use Services. Subject to your compliance with these Terms including the payment of all fees and your compliance with our Privacy Policy, Resumaker grants you a non-exclusive, non-sublicensable, fully revocable, non-transferable license to access the Website and to use the Services (“License”). This License shall be subject to all restrictions described in these Terms, including, without limitation, those set forth in Section 3 above.

 

6.       Use of the Website

The use of the Website and/the creation of a resume and/or the creation of a personal account and/or contacting the Company constitutes your express approval to enter into a binding contract with the Company to use the Services. In certain cases, qualified representatives from the Company may contact you to assist you with Service-related requests. We justify this contact based on our need to fulfill our contractual and legal obligations. If you would like to terminate the Services, you must either interact with us through the Website or send us an email at support@resumaker.ai. Once we receive the email, we will cease communications with you other than as specifically prohibited by applicable privacy laws. To the extent permitted under such laws, we retain the right and you acknowledge and agree to allow us to retain your personal information to enable us to protect our legal rights under these Terms.

 

7.      Account Registration. To access our Services or relevant Website sections, registration and Account creation with Resumaker are necessary. Your Account stores resumes, cover letters, and related data, ensuring ongoing accessibility. You affirm that provided Account information is current and accurate, pledging to update it as needed. Impersonation or misleading affiliations are strictly prohibited. The Account is personal, linked to the associated email address, and third-party access is forbidden. Safeguarding your Account credentials is your responsibility, and unauthorized use must be promptly reported to Resumaker. Suspected security breaches may lead to denial of Service access, Account termination, or other necessary actions at our discretion.

 

8.      User Content. When you use our Services, you may post or submit your individual content and information (“User Content”). User Content may include Account information, career history, educational history, your involvement with various organizations, and/or any other information you provide.

 

Using the Services, engaging in communication, or submitting material implies your consent to grant Resumaker a non-exclusive license for User Content. You retain ownership of User Content, but Resumaker is granted a non-exclusive, global, perpetual, royalty-free, transferable, and sublicensable right to utilize, copy, modify, distribute, publish, and process the provided information and Content in connection with the Services, without additional consent or notice. You commit to sharing only information and Content that you have the right to disclose, ensuring compliance with the law and avoidance of infringement on the intellectual property rights of others.

 

9.       Pricing, Payments, and Subscriptions.
   1.              Subscriptions

Resumaker’s Services are offered on a monthly subscription basis. If you enrol in a subscription plan (your “Subscription”), you will be billed automatically based on our then-current Subscription terms and fees. Subscriptions will be reoccurring and renewed automatically each month until you notify us of your wish to stop your Subscription as set forth below. All Subscription fees are non-cancellable and non-refundable during the month for which the Subscription has commenced. If you would like to opt out and terminate your Subscription, you may do so as set forth below in these Terms, and you will not be billed for the Subscription fee as of the subsequent month onwards following the month that you have notified Resumaker of your wish to terminate your Subscription and to stop using our Services.

 

Subscribing to the Service involves a fee set by the Company, which is subject to periodic adjustments. We reserve the right to modify the fee, alter subscription plans, or make changes at our discretion without prior notice. In the event of reduced Subscription fees, users won't be eligible for refunds, discounts, or other benefits, and no claims can be made against the Company in such instances.

 

2.              Trial. We provide an initial 14-day trial period at a variable cost dependent on where you reside (“Trial Subscription”). If you do not request the cancellation of the chosen subscription plan within 14 days from the date of our confirmation email regarding the payment of the initial trial cost, a recurring billing charge of approximately 30 USD VAT included (depending on the country from which the account originates) will be automatically activated, using the same payment method chosen by you to pay the initial trial fee. Once the payment has been made, we will send you a onetime payment confirmation email that provides information about and conditions for your subscription plan as well as information instructing you how to cancel your Trial Subscription. By using the Services, you acknowledge the following conditions regarding your Trial Subscription:

         When you purchase a Subscription to our Services, you agree to an automatic recurring billing on a four-weekly basis.

         If you want to avoid the automatic “membership fee” being applied, you must cancel your subscription plan before the Trial Subscription period elapses. If you do not actively cancel, your Subscription will commence automatically following the end of the Trial Subscription period.

 

3.              Changes and Cancellation. You may pause your Subscription by logging into your account or visiting support@resumaker.ai and sending us an email stating your intention to cancel your account. Cancellations to your Subscription must be made at least seven (7) days prior to the end of the monthly subscription in order to avoid being charged for the next month Subscription payment.

 

Upon cancellation, all of your User Content will be retained at our cloud provider. We may notify you via email prior to the deletion of such User Content, but we are not obligated to do so. Up until the date on which the data is deleted, you will be able to use the data that you have already entered prior to cancellation by re-entering into the Agreement.

 

4.              Fees. Fees are subject to the following terms and conditions:

1.   Displayed prices on our Website include VAT and applicable taxes.
2.   It is your responsibility to promptly notify us of any payment details inaccuracies and ensure sufficient account balance for Services payment.
3.   Failure to pay the applicable fee prompts a notice, giving you 14 days to arrange payment. Afterward, overdue payments incur a 1.5% monthly charge or the maximum permitted by law, plus collection fees.
4.   We may change the fee at our discretion, notifying users via email or conspicuous Website posting. You can cancel your Account or Subscription if you disagree with the changes.
5.   Acceptable payment methods include debit/credit cards and third-party providers. You might face foreign exchange fees or location-based price differences.
6.     We offer multiple payment options for Services, each specifying inclusions and final prices. We disclaim responsibility for errors in payment options, though we'll strive to notify you.
7.   All sales are final, and no refunds are granted, with a loss of refund rights upon initial payment submission, subject to your right to withdraw from the agreement for the supply of our services within the 14 days Trial Subscription period. However please note that such withdrawal right applies to you, only if you didn’t expressly stated and given your consent to receive the digital content during the Trial Subscription period.
8.   We are not responsible for currency exchange commissions or bank/issuer surcharges and offer no compensation or refund for discrepancies in this area.
9.      While we maintain payment security protocols, we're not liable for user lapses in securing payment methods, making efforts to prevent but not assume responsibility for fraudulent use.

10.   Payment Verification and Issuance of Credentials

 

These Terms are deemed to be digitally signed when the user provides necessary details for Services. For electronic payments, the Company ensures appropriate security measures.

 

Subject to our compliance with applicable laws, we may verify customers' ability to meet payment obligations, refuse transactions or request additional collateral if doubts arise.

 

Upon approval of your transaction, we provide login details that allow you to use the Services based on these Terms. You are solely responsible for maintaining the security of those credentials.

 

11. Prohibited Conduct. Resumaker imposes certain restrictions on your use of the Services. You agree to abstain from, but not limited to, the following prohibited conduct:
    1.      Use the Services for acts that are contrary to applicable national or international laws and regulations.
    2.     Upload, post, transmit, display, perform, or distribute any content, information, or materials that is libelous, defamatory, abusive, racist, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic.
    3.      Provide any false, misleading, or inaccurate information, create multiple accounts, attempt to use another’s account, or create an account for anyone other than yourself without prior authorization.
    4.     Impersonate or otherwise misrepresent an affiliation, connection, or association with any person or entity.
    5.      Develop, support, use or attempt to use software, devices, scripts, robots or any other mechanism (including spiders, browsers, crawlers, or any other technology) to harvest or otherwise collect information from the Services or copy profiles and other data from the Services.
    6.       Access content or data not intended for you, or log into a server or account that you are not authorized to access.
    7.     Attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach security or authentication measures without proper authorization.
    8.     Interfere or attempt to interfere with the use of the Services by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities.
    9.        Forge, modify, or falsify any network packet or protocol header or metadata in connection with, or transmission to, the Services (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers)
    10.        Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Site and Services, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable
    11.      Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission.
    12.        Modify or otherwise change the Site, Services or their appearance.

If we determine, in our sole discretion, that you have engaged in Prohibited Conduct, we reserve the right to terminate your Account, or completely block access to the Services without a refund in addition to any other legal or equitable remedies that we may have.

12.              Delivery Time.

 

If our provision of the Service is delayed for any reason, we will update you no later than 30 days from the date on which the purchase is made. In this case, the user will be entitled to terminate the agreement at no cost and will receive a full refund, less any applicable deductions of the credit companies.

 

13.              Disclaimer.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WHICH MEANS THAT WE GIVE NO GUARANTEES AS TO THE OPERATION OF THE WEBSITE. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE SERVERS; (4) ANY INTERRUPTION OR CESSATION OF ANY TRANSMISSION TO OR FROM THE WEBSITE; OR (5) ANY VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

14.              Limitation Of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO THE OCCURRENCE GIVING RISE TO ANY CLAIM. CERTAIN STATE OR NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

15.              Indemnification. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of: (1) your Contributions or Submissions; (2) your use of the Website; (3) your breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any harmful act by you toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing unless prohibited by applicable law, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

16.  Additional Rights.

The Company has the right to close the Website or restrict access to it or its functionality, in whole or in part, at any time, for a defined or indefinite period, without having to pay damages to the user.
The Company has the right to limit or terminate the right to use the Website or block the user's login information if the user violates the Website's rules or these Terms.
 

The Company may set a limit on storage space or data provided to the user. The Company has the right to publish anonymous content and use it during the termination of the agreement to improve the Website and services, and other developments.

 

17. Transfer of Rights.

The user may not transfer rights and obligations under these Terms to a third party without the explicit consent of the Company. The Company may transfer rights and obligations under the agreement to a third party.

 

18. Contracting Period and Termination

The contracting period is the Subscription period chosen by the user in the payment plan.

Both parties may terminate the agreement without written prior notice in case of oversight, non-compliance with the Website's rules or court intervention and without having to pay any damages or compensation, in the following cases:  bankruptcy or filing for bankruptcy of the party that is considered as unable to meet its obligations.
If the user has received consideration from the company, the user will not be entitled to a refund.
Upon the contract termination, the user's rights of use of the Website are invalid.

 

19. Governing Law and Dispute Resolution. If you are a resident of the EEA or the US, please see the EU Residents – Supplemental Terms of Use or the US Residents – Supplemental Terms of Use for more information.

 

Unless the laws of your jurisdiction require that other laws apply, these Terms and your use of the Website are governed by and construed in accordance with the internal laws of Spain. As a condition to bringing any dispute based on these Terms, you agree to first contact us at support@resumaker.ai to attempt to reach an amicable solution to your dispute. If you are unable to reach a good faith resolution within 60 days, you agree to arbitrate the dispute based on expedited arbitration proceedings in accordance with the rules of the Spanish Court of Arbitration, before a single arbitrator. The place of arbitration shall be Madrid,
Spain, the language of the arbitration shall be English, and proceedings will be held remotely.

 

All other users, please read this section carefully. It affects your rights. You agree that by entering these Terms, you and we are each waiving any right to trial by jury or to participate in a class action. You and we agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

 

20. Corrections. There may be information on the Website that inadvertently contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

 

21. Electronic Communications, Transactions, And Signatures. Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

 

22.  Contact Us

The Company adheres to the provisions of the law and respects the rights of the users of the Website. If the user has any further questions regarding the Terms, and/or he believes that the Company are violating his rights, and/or believes that his privacy has been violated during the use of the Website, he should contact us (support@resumaker.ai) and the Company will try to handle his request as soon as possible.

 

 

EU RESIDENTS – SUPPLEMENTAL TERMS

Last Updated: March 3, 2024

We offer our Website and Services within the European Union. These supplemental Terms apply to you if you are a resident of the European Union (“EU Supplemental Terms”). Therefore, if you are residing in the European Union, the general Terms and these EU Supplemental Terms will apply. If there is any conflict between the Terms and these EU Supplemental Terms, and these EU Supplemental Terms apply to you, then the EU Supplemental Terms will prevail.

Unless otherwise specified, definitions in this EU Supplemental Terms will have the same meaning as the definitions used in the Terms. Prior to the creation of your account, the text of these Terms will be made available to you electronically via the Services in such a manner that it can be easily stored by you on a durable data carrier.

We reserve the right, in our sole discretion, to make changes or modifications to the Terms or these EU Supplemental Terms at any time. We will inform you about any changes within a reasonable period before the effective date of the changes. If you continue to use the Services after the effective date of the changes, you will be deemed to have been made aware of and to have accepted the changes in any revised Terms or EU Supplemental Terms.

Intellectual Property Rights

Intellectual Property Rights are all present and future Intellectual Property Rights, anywhere in the world, in respect of the Services, belonging to us and/or our licensors now or in the future, including copyrights, database rights, trademark rights, design rights, trade name rights, domain name rights, patent rights, trade secret rights as well as similar rights under unwritten law, such as rights regarding slavish imitation. Provided that you are eligible to use the Services, you are granted, solely for the purpose of execution of your account, a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks. This license is given for the duration of your Account, and you hereby accept this license. We are at all times entitled to terminate this license unilaterally, early and with immediate effect, without having to pay you any compensation.

You indemnify us against any loss arising from any infringement of Intellectual Property Rights by you in respect of the Services. You will compensate us for all costs and loss, including the costs of legal assistance, arising from a violation of Intellectual Property Rights. You will take measures at your own expense to limit the costs to be incurred and/or loss to be suffered by us.

Fees And Payment

Subscribing to the Service involves a fee set by the Company, which is subject to periodic adjustments. We reserve the right to modify the fee, alter subscription plans, or make changes at our discretion. We will inform you about such changes within a reasonable period before the effective date of the changes, to allow you to terminate your subscription if you do not agree to the modifications. If you continue to use the Services after the effective date of the changes, you will be deemed to have been made aware of and to have accepted the changes.

 

If we determine any taxes, such as sales taxes, or any other charges apply to our fees, the Subscription fee for purchasing our Services will include these taxes and/or fees during the ordering process. The Subscription fee will include the total costs per billing period. If your purchase is subject to recurring charges, then you have the option to provide us the right to charge you payment by direct debit. In which case we will charge your payment on a recurring basis, without requiring you prior approval before each recurring charge, until you notify us of your cancellation.

Right Of Withdrawal

When purchasing digital content, you, as a consumer residing in the EU, have the right to withdraw from the agreement for a period of 14 days from the delivery date, without providing a reason for the withdrawal. If you withdraw from your contract, you will be refunded the amount already paid.

The right to withdraw from the agreement for the supply of digital content shall not apply if you have expressly stated and given your consent to receive the digital content within the 14 days withdrawal period and have expressly stated your awareness of having waived the right of withdrawal consequently. You acknowledge and agree that by beginning the performance of our Service, being a digital content service, you hereby lose your right of withdrawal, and, accordingly you will not be entitled to any refund for payments made by you for the Service you began using.

When entering a 14-day Trial Subscription, a money-back-guarantee shall apply for the duration of the Trial Subscription only. Within 14 days of your notification that you are stopping the Trial Subscription and do not wish to continue thereafter with your Subscription, the amount already paid by you for the Trial Subscription shall be refunded to you.

Liability

We are not liable for: a) any misunderstandings, errors or failures with respect to the performance of the Services and/or our services, if these are caused by or are the result of your actions, such as the failure to supply complete, sound, correct and clear data (or the failure to do so in time); b) errors or failures by third parties engaged by or on behalf of you; c) information that third parties have placed on the Services. We can only be held liable for direct damages or loss attributable to us. Liability for any (financial) damage or loss other than direct damages and/or loss, such as indirect damage or loss, including but not limited to consequential damage or loss, loss of profit, damage or loss caused by stolen, inaccessible, mutilated, destroyed or lost (personal) data or materials, lost savings, loss due to business interruption or damage or loss due to or resulting from a security leak, security breach or cybercrime, is excluded. Except in the case of gross negligence or wilful misconduct, our aggregate liability for damage or loss arising from our services and/or the Services, or otherwise arising out of or in connection with these Terms, will be limited to an amount equal to the fees paid to us by you.

Force Majeure

In the event of force majeure, we will not be obliged to fulfil any of our obligations, including any statutory and/or agreed guarantee obligation. Furthermore, we are not liable for any damage suffered by you because of a force majeure situation. Force majeure on our part includes, but is not limited to: suppliers on whom we depend not fulfilling their obligations; defective goods, equipment, software or materials from third parties; epidemics and pandemics; when our network comes to a standstill for reasons for which we cannot be held accountable, including - but not limited to - a cyber-attack or DoS attacks in any form or a failure in internet traffic, hardware or software problems or any other external cause; maintenance to the Services, resulting in interruptions, delays or errors; government measures including financial regulation and legislation; strikes, forced business closures, riots and any other form of disruption and/or hindrance caused by third parties, which hinders us; illness of one or more employees who are difficult to replace; a power failure, failure of internet, data network or telecommunications facilities; or any other cause beyond our reasonable control.

Termination

The contracting period is the Subscription period chosen by the user in the payment plan.

Both parties may terminate the agreement without written prior notice in case of oversight, non-compliance with the Website's rules or court intervention and without having to pay any damages or compensation, in the following cases:  bankruptcy or filing for bankruptcy (excluding the declaration of insolvency proceedings) of the party that is considered as unable to meet its obligations.
If the user has received consideration from the company, the user will not be entitled to a refund.
Upon the contract termination, the user's rights of use of the Website are invalid.

Dispute Resolution

All claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under the Terms, the EU Supplemental Terms, or your access to or use of the Services, shall be governed by the laws of Spain. The above is without prejudice to the rights of consumers concerning the choice applicable jurisdiction.

Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded by the Terms and these EU Supplemental Terms.

Arbitration

Submission to arbitration other than consumer arbitration is expressly declined, except in the case of institutional arbitration bodies created by legal rules for a specific sector or case.

Online Dispute Resolution

If you are a consumer resident in the European Union and wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/.

This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only.

Complaints

To resolve a complaint regarding the Services, please contact us within a reasonable period of time after you have detected or could reasonably have detected a problem at support@resumaker.ai. We will reply within a reasonable period.

US RESIDENTS – SUPPLEMENTAL TERMS

Last Updated: March 3, 2024

These supplemental Terms to you if you are a resident of the United States (“US Supplemental Terms”). Therefore, if you reside in the United States, both the Terms and this US Supplemental Terms will apply. If there is any conflict between the Terms and these US Supplemental Terms and these US Supplemental Terms apply to you, then the US Supplemental Terms will prevail.

Copyright Infringement

If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the Notification must include substantially the following:

If you do not comply with these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Services infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

U.S. Government Rights

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”), 48 C.F.R. § 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms in accordance with 48 C.F.R. § 12.212 (for computer software) and 48 C.F.R. § 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense (“DOD”), our services are subject to these Terms in accordance with Defense Federal Acquisition Regulation (“DFARS”), 48 C.F.R. § 227.7202-3. In addition, 48 C.F.R. § 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms.

Modifications to the Services. We reserve the right to modify the fee, alter subscription plans, or make changes at our discretion. We will inform you about such changes within a reasonable period before the effective date of the changes, to allow you to terminate your subscription if you do not agree to the modifications. If you continue to use the Services after the effective date of the changes, you will be deemed to have been made aware of and to have accepted the changes.

Governing Law. All claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of the Website, shall be governed by the laws of the United States of America and the State of Delaware without giving effect to any conflict of laws principles that may otherwise provide for the application of the law of another jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded by these Terms. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the “Agreement to Binding Arbitration” provision below. For any claim, dispute, or other legal proceeding not subject to the “Agreement to Binding Arbitration” provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Kent County, Delaware or the federal courts in the District of Delaware, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim arising under or related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt in good faith to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. You may provide notice to us using the information provided in the “CONTACT US” section below. Any such notice must include (i) the name, residence, email address, and phone number of the Party providing the notice, (ii) the nature and basis of the Dispute, and (iii) the specific relief sought.

Agreement to Binding Arbitration. Subject to the Exceptions to Arbitration set forth below, you and we each agree that all Disputes between us and Website users arising under or related in any way to these Terms and such users’ use of the Website must be resolved through binding arbitration as described in this section. Except for the prohibition on class arbitrations set forth in Section 19 of the Terms, if an arbitrator or court decides that any part of these Terms to arbitrate is unenforceable, the other parts of these Terms to arbitrate will still apply.

Exceptions to Arbitration. These Terms to Arbitrate will not apply to the following: (a) small claims court cases; (b) legal proceedings that involve efforts to obtain user identifying information; (c) any legal proceedings brought against the Company by companies or other legal entities or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by the Company against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; (e) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (f) where the application of this provision is prohibited by applicable law. If, for some reason, the prohibition on class arbitrations set forth in Section 19 of the Terms cannot be enforced, then the entirety of these Terms to Arbitrate will not apply. Where these Terms to Arbitrate does not apply, the remainder of these Terms and the Dispute Resolution section will continue to apply.

Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this section, and will be administered by the AAA. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or us shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules at the time the arbitration is commenced, the arbitration shall be held in Dover, Delaware. For any claim where the total amount of the award sought is $10,000 or less, you and we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or we may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Website user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Limitation to Assert a Claim. In no event shall any Dispute be commenced more than one (1) year after the facts giving rise to the claim occurred.