RULES FOR USE OF THE OFTET PLATFORM

1.1. CV video – an audio and video recording in which the Candidate presents information about their education, qualifications, work experience, competencies, skills, professional achievements, contact details and other information related to job seeking. A CV video may be created using the functionalities of the Oftet platform, or the Candidate may upload an existing video on the Oftet platform, provided that it complies with the formats and other technical parameters supported by the Oftet platform;

1.2. Curriculum vitae (CV) – information provided by the Candidate in text form about their education, qualifications, work experience, competencies, skills, professional achievements, contact details and other information related to job seeking. The Candidate may create a Curriculum vitae (CV) using the functionalities of the Oftet platform, or use an existing Curriculum vitae (CV) by uploading it on the Oftet platform, provided that it complies with the formats and other technical parameters supported by the Oftet platform;

1.3. Intellectual property rights – rights to patents, inventions, trade secrets and other rights to know-how (including any extension or renewal), copyright, related rights, rights providing equivalent copyright protection, database rights, software, source code, access data, registered design, unregistered design rights, industrial design and utility models, trademarks, trade names, logos, slogans and signs that are not registered, domain names, company names and all registrations or applications to register any of the aforementioned elements in any country or jurisdiction;

1.4. Website – the website operated by Oftet, located at www.oftet.com;

1.5. Candidate – a natural person who Uses the Oftet platform for the purpose of job seeking;

1.6. Mobile application – the Oftet mobile application operated by Oftet, which may be downloaded from the Apple App Store and Google Play;

1.7. Paid services – services or functionalities provided by Oftet for a fee. The specific Paid services provided by Oftet, their description, price and other conditions are indicated on the Oftet platform.

1.8. Use of the Oftet platform – all actions performed and/or that may be performed by the Candidate using the Oftet platform, including, but not limited to, viewing Listings and/or publishing a Curriculum vitae (CV) on the Oftet platform, and/or creating and publishing a CV video on the Oftet platform, and/or submitting their Curriculum vitae (CV) and/or CV video to a User when applying for a vacant position indicated in a Listing, using the functionalities of the Oftet platform, and/or using other available functions of the Oftet platform;

1.9. User – a person who uses the Oftet platform to find an employee to fill a vacant position indicated in a Listing;

1.10. Oftet – Oftet, UAB, legal entity code 307115766, registered office address Laisvės pr. 60-1107, LT-05120 Vilnius, Lithuania, telephone number: +370 646 99594, email address [email protected];

1.11. Oftet platform – the Website and/or the Mobile application;

1.12. Account – the result of the Candidate's registration on the Oftet platform, whereby a Candidate account is created in which the Candidate's data are stored;

1.13. Privacy Policy – a document prepared by Oftet setting out how personal data submitted by Candidates are processed. The Privacy Policy is available here: Privacy Policy;

1.14. Listing – information published by a User on the Oftet platform about a vacant position offered by the User, including, but not limited to, all related content – requirements for the position, description of the position, contact details, remuneration information, other textual and visual information. A Listing may be in text or video format. A Listing may be created using the functionalities of the Oftet platform, or an existing listing may be uploaded, provided that it complies with the formats and other technical parameters supported by the Oftet platform;

1.15. Party – Oftet or the User;

1.16. Parties – Oftet and the User together;

1.17. Rules – these Rules for Use of the Oftet platform;

1.18. Third party – any natural or legal person that is not Oftet or the Candidate.

2.1. The Rules establish the main conditions and procedure for Candidates' Use of the Oftet platform.

2.2. The Rules constitute an agreement entered into between Oftet and the Candidate regarding Use of the Oftet platform.

2.3. By creating an Account and Using the Oftet platform, the Candidate confirms that they have read and agree to the Rules, undertake to comply with them, and that they are a legally capable natural person who is not younger than 14 (fourteen) years of age under applicable legislation, has the right to Use the Oftet platform and to assume all obligations arising from Use of the Oftet platform. If the User does not agree to the Rules, they should not use the Oftet platform, unless the Parties have entered into an agreement that provides for conditions other than those set out in the Rules.

2.4. By Using the Oftet platform, the Candidate also confirms that they have read and become acquainted with the Privacy Policy.

2.5. Oftet assumes no risk or liability if the Candidate has not become acquainted with the Rules or the Privacy Policy, in whole or in part, although they were given the opportunity to do so.

3.1. The Candidate is entitled to Use the Oftet platform only if they have an Account.

3.2. An Account may be created in the following ways:

3.3. To create an Account, the Candidate must also provide: first name, last name, email address, telephone number, information about the country from which the Candidate is, information about the country in which the Candidate wishes to work, information about the preferred type of work. The Candidate is not required to, but may during registration provide their photograph and links to social networks they use.

3.4. The Candidate is responsible for the security of the Account login credentials. Any actions performed in the Candidate's Account shall be deemed actions of the Candidate. Oftet is not liable for any losses or damage arising from the Candidate's failure to comply with obligations regarding the security of Account login credentials.

3.5. The Candidate must ensure that Account login credentials are not disclosed to Third parties due to their actions (or inaction). The Candidate undertakes to inform Oftet without delay if they become aware of any unauthorised access to the Account and undertakes to change the login credentials without delay.

3.6. The Candidate has the right at any time in the Oftet platform settings in the "Account security" section to independently deactivate or delete their Account. Upon deactivation of the Account, the Candidate's data will not be deleted and destroyed, but the Candidate's profile will be hidden from Users and other Candidates, the Candidate will not receive any notifications from Oftet and will not be able to access the Account. The Candidate has the opportunity at any time to reactivate a deactivated Account and restore all of its content, if, in accordance with the provisions of the Rules, the Account has not yet been deleted. If the Account is deleted, the data will be irreversibly destroyed without the possibility of restoring the Candidate's information that was contained therein.

3.7. The Account will be deleted and the data contained therein will be destroyed if the Account has not been used for more than 1 (one) year. Before the expiry of the one-year period, the Candidate will be informed at the email address indicated in the Account about the impending deletion of the Account.

4.1. The Candidate clearly understands that Oftet acts only as the owner of the Oftet platform, providing technical means for placing information on the Oftet platform. Oftet in no way participates in the search for Candidates, employment and other procedures. The Candidate clearly understands that, by Using the Oftet platform, they act independently and are themselves responsible for all consequences and obligations arising from such actions.

4.2. The Candidate clearly understands that their Curriculum vitae (CV) and/or CV video published on the Oftet platform will immediately become visible to Users.

4.3. The Candidate clearly understands that their Curriculum vitae (CV) and/or CV video submitted directly to a User when applying for a vacant position advertised in a Listing will immediately become visible to the User who published the Listing.

4.4. Oftet has the right during preventive maintenance or for other technical, legal or other important reasons to restrict or terminate the Candidate's Use of the Oftet platform.

5.1. If the Candidate wishes to use Paid services, they may on the Oftet platform select a specific Paid service and submit their order (perform the actions indicated on the Oftet platform). By submitting an order, the User confirms that: (i) they have become acquainted with the description of the Paid services ordered, the price of the Paid services valid at the time of submitting the order and the terms of provision; (ii) they understand that the service is paid and agree to the applicable fees and payment procedure.

5.2. An agreement regarding Paid services shall be deemed concluded from the moment when the Candidate confirms the order for Paid services on the Oftet platform and pays for them in the manner established on the Oftet platform.

5.3. Paid services are paid for through payment systems integrated into the Oftet platform, in accordance with the instructions provided on the Oftet platform.

5.4. Paid services commence upon the Candidate fully paying for them, i.e. Paid services will not be provided until Oftet receives confirmation of a successfully completed payment.

5.5. The Candidate acknowledges and confirms that, upon acquiring Paid services, they are deemed to have commenced immediately and their provision cannot be cancelled. In view of this, before ordering Paid services, the Candidate undertakes to responsibly assess their need and suitability. The Candidate also confirms that, when ordering Paid services, they act prudently, have sufficient information to make a decision and understand that the result of Paid services depends on objective circumstances beyond Oftet's control and therefore is not guaranteed.

5.6. The Candidate acknowledges and confirms that, upon termination of Use of the Oftet platform at the Candidate's initiative, including, but not limited to, deactivation or deletion of the Account, the amount paid for Paid services or parts thereof for unused time will not be refunded.

5.7. The Candidate acknowledges and confirms that, if Oftet terminates the Candidate's Use of the Oftet platform, temporarily or indefinitely, because the Candidate has breached the Rules, the amount paid for Paid services or parts thereof for unused time will not be refunded.

6.1. Results in searches on the Oftet platform are ranked according to the date of publication of the Listing, Curriculum vitae (CV) and/or CV video (the most recent Listings, Curriculum vitae (CV) and CV videos are displayed first), except where a paid content promotion service is applied to specific content.

7.1.1. deactivate and/or delete the Account for an unlimited period without prior notice to the Candidate if the Candidate breaches the obligations set out in Section 8 of the Rules. Oftet's decision regarding deactivation and/or deletion of the Account depends on the scale, duration of the breach and whether the breach is of material significance to Oftet's activities. Upon deactivation and/or deletion of the Account, the Candidate will be informed at the email address indicated in the Account within a reasonable period.

7.1.2. temporarily or permanently terminate the operation of the Oftet platform. The Candidate will be informed about termination of operations at the email address indicated in the Account.

7.1.3. require the Candidate to immediately remove from the Oftet platform their Curriculum vitae (CV) and/or CV video and/or other information published by the Candidate that does not comply with these Rules and/or the requirements of applicable legislation. Oftet is not liable for any losses suffered by the Candidate due to such removal.

7.1.4. without prior notice to the Candidate, immediately remove from the Oftet platform a Curriculum vitae (CV) and/or CV video and/or other information published by the Candidate that does not comply with these Rules and/or the requirements of applicable legislation. Oftet is not liable for any losses suffered by the Candidate due to such removal. After performing these actions, the Candidate will be informed at the email address indicated in the Account.

7.1.5. take necessary legal measures if a Curriculum vitae (CV) and/or CV video and/or other information published by the Candidate is unlawfully copied and/or published and/or unlawful access thereto is provided to Third parties.

7.1.6. other rights provided for in these Rules and applicable legislation.

7.2.1. respect the Candidate's privacy and process their personal data in accordance with the Rules, the Privacy Policy and applicable legislation.

7.2.2. comply with other obligations provided for in these Rules and applicable legislation.

8.1.1. Use the Oftet platform in accordance with these Rules, other information published on the Oftet platform and applicable legislation.

8.1.2. other rights provided for in these Rules and applicable legislation.

8.2.1. Use the Oftet platform honestly, without breaching the Rules and applicable legislation.

8.2.2. use only correct and accurate data and information to create an Account and for Use of the Oftet platform.

8.2.3. update any contact details indicated in the Account if they are incorrect or have changed.

8.2.4. not transfer their Account login credentials to Third parties. If the Candidate loses their login credentials, they must inform Oftet without delay.

8.2.5. properly pay Oftet for Paid services.

8.2.6. use the Oftet platform and all information and data published therein only for the purpose of obtaining employment.

8.2.7. not use the Oftet platform for any purposes that are unlawful or prohibited under these Rules and/or applicable legislation, and/or that could cause harm to Oftet or Third parties.

8.2.8. ensure that their published Curriculum vitae (CV) and/or CV video and/or other published information comply with all requirements of applicable legislation.

8.2.9. ensure that the information published in the Candidate's Curriculum vitae (CV) and/or CV video and/or other information published on the Oftet platform is accurate, clear and complete (only the Candidate is deemed responsible for this content).

8.2.10. ensure that the Candidate's published Curriculum vitae (CV) and/or CV video and/or other published information is not misleading, offensive, deceptive or false, and does not contradict public order and good morals.

8.2.11. not infringe the Intellectual property rights of Oftet, other Candidates, Users or Third parties.

8.2.12. not take any actions that would harm the operation of the Oftet platform.

8.2.13. not take any actions that unreasonably or disproportionately burden the operation of the Oftet platform.

8.2.14. not use any devices, software or procedures that interfere with or attempt to interfere with the proper operation of the Oftet platform.

8.2.15. not act in a manner that restricts or prevents other Users from using the Oftet platform.

8.2.16. not collect, accumulate, distribute, decompile, encrypt, make publicly available, or engage in prohibited mass extraction of information published on the Oftet platform, or data of Users or Candidates, using various automated means and methods.

8.2.17. compensate for damage suffered by Oftet and/or Third parties due to the Candidate's improper performance of obligations.

8.2.18. comply with other obligations provided for in these Rules and applicable legislation.

9.1. The structure of the Oftet platform and its content, and individual elements thereof (texts published by Oftet, graphics, drawings, images, audio and video material, trademarks, logos, domains, know-how, computer programs, databases, etc.) (hereinafter – Oftet content) are the property of Oftet or its licensors, protected under applicable legislation, and all Intellectual property rights in Oftet content belong to Oftet or its licensors.

9.2. Any full or partial copying and/or reproduction and/or publication and/or modification and/or adaptation and/or decompilation and/or encryption and/or any distribution and/or use of Oftet content provided on the Oftet platform for purposes other than those provided for in this clause, regardless of the manner in which this is done, without the prior written consent of Oftet or the licensors of its elements is strictly prohibited. Oftet content is exclusively of an informational nature and may be used only for the purpose of obtaining employment. The prohibition set out in this clause of the Rules does not apply with respect to the Curriculum vitae (CV) and/or CV video and/or other information published by the Candidate, the Intellectual property rights in which belong to the Candidate.

9.3. The User, when Using the Oftet platform, grants Oftet free of charge, for an indefinite period (or for the maximum applicable term of the respective rights, if it is limited), throughout the world, a non-exclusive, transferable, sublicensable licence to reproduce, copy, digitise, store, accumulate in databases, systematise, adapt, edit, translate, publicly publish, publicly display, distribute, make publicly available on the internet or other electronic communication networks, in any manner and form, content published by the Candidate on the Oftet platform, including, but not limited to, the Curriculum vitae (CV) and/or CV video. The Candidate confirms that they have all rights and authorisations to grant the licence specified in this clause of the Rules to Oftet.

9.4. No remuneration shall be paid to the Candidate for the use of content submitted by the Candidate under the licence provided for in Clause 9.3 of the Rules, unless the Parties expressly agree otherwise in writing.

9.5. The Candidate understands and agrees that, by Using the Oftet platform, they do not acquire any rights to Oftet content and may use it only in compliance with these Rules.

10.1. The Oftet platform may contain links to other websites operated by Third parties and/or other content. The Candidate understands and agrees that Oftet assumes no liability for Third-party content (hereinafter – Third-party content), including, but not limited to, any warranties regarding the accuracy of such Third-party content. A link from the Oftet platform to Third-party content does not mean that Oftet approves such Third-party content or is responsible for it. The Candidate is themselves responsible for the use of Third-party content and does so at their own risk.

11.1. The Parties are liable for failure to perform obligations provided for in these Rules in accordance with the procedure established by the Rules and/or applicable legislation. Under these Rules and to the extent permitted by applicable legislation, Oftet is liable only for direct losses of the Candidate that actually arose due to Oftet's fault, but in any event Oftet's liability may not exceed 5 000 Eur.

11.2. The Candidate clearly understands that Oftet is responsible only for the technical placement of information submitted by it on the Oftet platform, if it complies with the requirements of the Rules and the technical maintenance of the Oftet platform, but Oftet in no way is responsible for the content of such information, its compliance with the Rules and/or the requirements of applicable legislation. Only the Candidate is responsible for information submitted by the Candidate and published on the Oftet platform.

11.3. The Candidate clearly understands that the Oftet platform operates "as is", i.e. without any confirmations or warranties from Oftet that the Oftet platform will operate uninterruptedly and/or without errors or disruptions. Oftet in no way is responsible for internet access services.

11.4. Oftet in no way is responsible for the unlawfulness, inaccuracy or falsity of Listings placed on the Oftet platform and/or other information submitted by Users, and for the negative consequences arising therefrom for the Candidate.

11.5. A Candidate who infringes the Intellectual property rights of Oftet and/or other Candidates and/or Users and/or Third parties must compensate for losses suffered due to such infringement in accordance with the procedure established by applicable legislation.

11.6. Oftet is exempt from any liability in cases where the Candidate suffers losses because the Candidate has not actually become acquainted with these Rules, the Privacy Policy, other information provided on the Oftet platform, although they were given such opportunity.

11.7. The Parties are not liable for partial or complete failure to perform their obligations if they prove that they failed to perform obligations due to force majeure circumstances. Force majeure circumstances are understood as defined in applicable legislation of the Republic of Lithuania. A Party that, due to force majeure circumstances, cannot perform its obligations must without delay, but no later than within 3 (three) days from the day of occurrence or disclosure of such circumstances, inform the other Party thereof in writing.

12.1. Oftet has the right at any time at its discretion to change the functionality of the Oftet platform, develop the Oftet platform in order to ensure proper operation of the Oftet platform and/or for other reasons (for example, due to changes in technical and/or legal and/or security requirements). The Candidate will be informed at the email address indicated in the Account about changes to the Oftet platform that would create a new monetary obligation for the Candidate or increase the price of Paid services used, and will have the right to terminate Use of the Oftet platform within 30 (thirty) days. Other changes to the Oftet platform will be announced on the Oftet platform.

13.1. Oftet has the right at any time unilaterally to amend, revise or supplement these Rules. The Candidate will be informed about amendments to the Rules on the Oftet platform, and amendments to the Rules will enter into force no earlier than 7 (seven) days after their publication, unless a later effective date for the amendments is specified. If amendments are made so that the Rules comply with the requirements of applicable legislation or security requirements, amendments to the Rules may enter into force immediately upon publication. If the Candidate does not agree to amendments to the Rules, they should cease Using the Oftet platform. If the Candidate continues to use the Oftet platform after the amendments enter into force, it shall be deemed that they agree to the amendments to the Rules, unless the Parties agree otherwise separately in writing.

13.2. The current and valid version of the Rules may be found on the Oftet platform.

14.1. All notices and other information between the Parties are sent by electronic means: Oftet – by email: [email protected]; to the Candidate – to the email address indicated in the Account. The Candidate expressly agrees and undertakes to regularly check their email address indicated in the Account.

15.1. The law of the Republic of Lithuania applies to the Rules. Any disputes/disagreements arising from these Rules shall be resolved through negotiations. If the Parties fail to reach an amicable agreement, any dispute arising from these Rules shall be referred for consideration to a court of the Republic of Lithuania as the court of first instance according to the registered office of Oftet.

15.2. Oftet has the right to assign all its rights and obligations arising from these Rules to any Third party without the Candidate's consent and prior notice.

15.3. If any provision of the Rules is deemed invalid under applicable legislation, the remaining provisions of the Rules shall continue to be valid, except in cases where an invalid provision essentially makes implementation of the remaining provisions of the Rules impossible. If any provision of the Rules or part thereof is or becomes invalid or ceases to bind the Parties, the Parties shall negotiate in good faith and replace it with another wording that most accurately reflects the intentions of the Parties.

15.4. Delay, inaction or inability of either Party to exercise any of its rights or remedies provided for in the Rules or applicable legislation shall not be deemed a waiver of or consent to the event that gave rise to such right or remedy.