RULES FOR USE OF THE OFTET PLATFORM (FOR USERS)

1.1. CV video – a video and audio recording in which the Candidate provides 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 if it complies with the format 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 CV using the functionalities of the Oftet platform or use an existing CV by uploading it on the Oftet platform if it complies with the format 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 protection to copyright, database rights, software, source code, access data, registered design, rights to unregistered design, 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 foregoing in any country or jurisdiction;

1.4. Website – the website operated by Oftet 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 which a fee is charged. 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 that the User performs and/or may perform when using the Oftet platform, including but not limited to publishing Advertisements on the Oftet platform and/or reviewing CVs and/or CV videos published by Candidates and/or CVs and/or CV videos provided directly to the User and/or reviewing other Advertisements and/or using other available functionalities of the Oftet platform;

1.9. User – a person who uses the Oftet platform on the basis of the Rules and/or the Agreement;

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 User's registration on the Oftet platform, whereby a user account is created in which the User's data are stored;

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

1.14. Advertisement – information published by the 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 and other textual and visual information. An Advertisement may be in text or video format. An Advertisement may be created using the functionalities of the Oftet platform or an existing advertisement may be uploaded if it complies with the format and other technical parameters supported by the Oftet platform;

1.15. Agreement – a separate written agreement concluded between Oftet and the User regarding Use of the Oftet platform;

1.16. Party – Oftet or the User;

1.17. Parties – Oftet and the User together;

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

1.19. Third Party – any natural or legal person that is not Oftet or the User.

2.1. The Rules establish the basic conditions and procedure for the User's Use of the Oftet platform.

2.2. The Rules constitute an agreement concluded between Oftet and the User regarding Use of the Oftet platform. In the event of any conflict between the Rules and the Agreement, the provisions of the Agreement shall apply.

2.3. By creating an Account and using the Oftet platform, the User (or its representative) confirms that they have read and agree to the Rules, undertake to comply with them and that they have the right to use the Oftet platform and 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 concluded an Agreement providing for different conditions than those set out in the Rules.

2.4. By using the Oftet platform, the User also confirms that they have read and familiarised themselves with the Privacy Policy.

2.5. Oftet assumes no risk or liability if the User has not fully or partially familiarised themselves with the Rules or the Privacy Policy, even though they were given the opportunity to do so.

3.1. The User has the right to use the Oftet platform only if they have an Account.

3.2. An Account is created by identifying the User (specifying the country of registration, company name and company code) and continuing registration by one of the following methods:

3.3. During registration, the User shall also complete verification in accordance with the instructions provided on the Oftet platform.

3.4. The User has the right to connect their employees (other representatives) to the Account. The number of connections is unlimited.

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

3.6. The User must ensure that Account login credentials are not disclosed to Third Parties due to their actions and/or the actions (or inaction) of their employees or other representatives. The User undertakes to inform Oftet immediately upon becoming aware of any unauthorised access to the Account and to change the login credentials without delay.

3.7. The User has the right at any time to deactivate or delete their Account independently in the Oftet platform settings under "Account security". Upon deactivation of the Account, the User's data will not be deleted or destroyed; however, the User will not receive any notifications from Oftet and will not be able to access the Account. The User may reactivate a deactivated Account at any time 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 User's information stored therein.

3.8. The Account will be deleted and the data therein destroyed if the Account is not used for more than 1 (one) year.

4.1. The User clearly understands that Oftet acts solely as the owner of the Oftet platform, providing technical means for posting information on the Oftet platform. Oftet does not in any way participate in the search for Candidates, recruitment or other related procedures. The User clearly understands that, by using the Oftet platform, they act independently and are solely responsible for all consequences and obligations arising from such actions.

4.2. The User's representative, by using the Oftet platform and acting on behalf of the User, confirms that they are a legally capable natural person under applicable law and have all authorisations and rights to use the Oftet platform.

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

5.1. If the User wishes to use Paid Services, they may select a specific Paid Service on the Oftet platform and submit their order (perform the actions indicated on the Oftet platform). By submitting the order, the User confirms that: (i) they have familiarised themselves with the description of the ordered Paid Services, the price of the Paid Services valid at the time of placing the order and the terms of provision; (ii) they understand that the service is chargeable and agree to the applicable rates and payment procedure.

5.2. The agreement regarding Paid Services shall be deemed concluded from the moment when the User 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 shall be paid for through payment systems integrated into the Oftet platform, in accordance with the instructions provided on the Oftet platform.

5.4. Paid Services shall commence immediately after the User has paid for them in full, i.e. Paid Services will not be provided until Oftet receives confirmation of successful payment.

5.5. The User acknowledges and confirms that, upon acquiring Paid Services, they are deemed to have commenced immediately and their provision cannot be cancelled. The User 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 User acknowledges and confirms that, upon termination of Use of the Oftet platform at the User's initiative, including but not limited to deactivation or deletion of the Account, the amount paid for Paid Services or any part thereof for unused time will not be refunded.

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

6.1. Results in the Oftet platform search are ranked according to the date of publication of the Advertisement, the Candidate's CV and/or CV video (the most recent Advertisements, Candidates' CVs and/or 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 User if the User 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 scope, duration and material significance of the breach to Oftet's activities. Upon deactivation and/or deletion of the Account, the User will be informed at the email address indicated in the Account;

7.1.2. temporarily or permanently discontinue the operation of the Oftet platform. The User will be informed of the discontinuation at the email address indicated in the Account;

7.1.3. require the User to remove immediately from the Oftet platform an Advertisement or other published information that does not comply with these Rules and/or applicable law. Oftet shall not be liable for any losses suffered by the User as a result of such removal;

7.1.4. remove immediately from the Oftet platform an Advertisement or other published information that does not comply with these Rules and/or applicable law without prior notice to the User. Oftet shall not be liable for any losses suffered by the User as a result of such removal. After such actions, the User will be informed at the email address indicated in the Account;

7.1.5. remove immediately from the Oftet platform an Advertisement that does not offer employment without prior notice to the User. Oftet shall not be liable for any losses suffered by the User as a result of such removal. After such actions, the User will be informed at the email address indicated in the Account;

7.1.6. take necessary legal measures if Advertisements and the information contained therein or other information posted by Users on the Oftet platform are unlawfully copied and/or published and/or unlawful access thereto is provided to Third Parties;

7.1.7. exercise other rights provided for in these Rules and applicable law.

7.2.1. respect the privacy of the User's representatives and process their personal data in accordance with the Rules, the Privacy Policy and applicable law;

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

8.1.1. use the Oftet platform in accordance with these Rules, other information published on the Oftet platform and applicable law;

8.1.2. exercise other rights provided for in these Rules and applicable law.

8.2.1. use the Oftet platform honestly and without breaching the Rules or applicable law;

8.2.2. use only accurate and correct data and information when creating an Account and using 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 disclose their Account login credentials to Third Parties. If the User loses their login credentials, they must inform Oftet immediately;

8.2.5. familiarise their employees and other representatives who will be connected to the Oftet platform with these Rules;

8.2.6. pay Oftet properly for Paid Services;

8.2.7. use the Oftet platform and all information and data published therein solely for the purpose of finding employees;

8.2.8. not use the Oftet platform for any purposes that are unlawful or prohibited under these Rules and/or applicable law and/or that could cause harm to Oftet or Third Parties;

8.2.9. ensure that published Advertisements comply with all requirements of applicable law;

8.2.10. ensure that the information published in an Advertisement is accurate, clear and complete, including but not limited to information about the User's activities, description of the offered position, requirements for Candidates, offers to candidates and contact information (only the User shall be responsible for the content of the Advertisement);

8.2.11. ensure that information published by the User, including but not limited to Advertisements, is not misleading, offensive, deceptive or incorrect and does not contravene public order and good morals;

8.2.12. not infringe the intellectual property rights of Oftet, other Users, Candidates or Third Parties;

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

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

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

8.2.16. not behave in a manner that restricts or prevents other Users from using the Oftet platform;

8.2.17. not collect, store, distribute, decompile, encrypt, make publicly available or engage in prohibited mass extraction of information published on the Oftet platform or User or Candidate data using various automated tools and methods;

8.2.18. compensate for damage suffered by Oftet and/or Third Parties due to the User's improper performance of obligations;

8.2.19. comply with other obligations provided for in these Rules and applicable law.

9.1. The structure of the Oftet platform and its content and individual elements thereof (texts, graphics, drawings, images, audio and video material, trademarks, logos, domains, know-how, computer programs, databases, etc. published by Oftet) (hereinafter – Oftet content) are the property of Oftet or its licensors, protected under applicable law, 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 available on the Oftet platform for any purpose other than that provided for in this clause, regardless of the manner in which it is done, is strictly prohibited without the prior written consent of Oftet or the licensors of its elements. Oftet content is exclusively of an informational nature and may be used only for employee search. The prohibition set out in this clause shall not apply to the User's Advertisements and other information published by the User in respect of which intellectual property rights belong to the User.

9.3. By using the Oftet platform, the User grants Oftet, free of charge, for an indefinite period (or for the maximum applicable term of the relevant rights if limited), worldwide, a non-exclusive, transferable, sublicensable licence to reproduce, copy, digitise, store, accumulate in databases, systematise, adapt, edit, translate, publish, publicly display, distribute and make publicly available via the internet or other electronic communication networks the Advertisement and any other content published by the User on the Oftet platform, including but not limited to Advertisements, in any manner and form. The User confirms that they have all rights and authorisations to grant Oftet the licence specified in this clause of the Rules.

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

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

10.1. The Oftet platform may contain links to other websites operated by Third Parties and/or other content. The User 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 User is solely responsible for the use of Third Party content and does so at their own risk.

11.1. The Parties shall be liable for failure to perform the obligations provided for in these Rules in accordance with the Rules and/or applicable law. Under these Rules and to the extent permitted by applicable law, Oftet shall be liable only for direct losses actually incurred by the User due to Oftet's fault; however, in any event Oftet's liability shall not exceed 5 000 Eur.

11.2. The User clearly understands that Oftet is responsible only for the technical posting of an Advertisement on the Oftet platform if it complies with the requirements of the Rules; however, Oftet shall in no way be responsible for the content of the Advertisement and/or other information submitted by the User or its compliance with the Rules and/or applicable law. Only the User shall be responsible for Advertisements and/or other information submitted by the User and published on the Oftet platform.

11.3. The User 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 shall in no way be responsible for internet access services.

11.4. Oftet shall in no way be responsible for the unlawfulness, inaccuracy or falsity of Advertisements and/or other information submitted by the User and posted on the Oftet platform and for negative consequences arising therefrom for the User and/or Third Parties.

11.5. A User who infringes the intellectual property rights of Oftet, other Users and/or Third Parties must compensate for losses incurred as a result of such infringement in accordance with applicable law.

11.6. Oftet shall be exempt from any liability in cases where the User suffers losses because the User has not actually familiarised themselves with these Rules, the Privacy Policy and/or information provided on the Oftet platform, even though they were given the opportunity to do so.

11.7. The Parties shall not be 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 shall be understood as defined in the applicable laws of the Republic of Lithuania. The Party that, due to force majeure circumstances, is unable to perform its obligations must notify the other Party in writing immediately, but no later than within 3 (three) days from the day such circumstances arose or became known.

12.1. Oftet has the right at any time at its discretion to change the functionality of the Oftet platform, develop the Oftet platform 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 User will be informed at the email address indicated in the Account of changes to the Oftet platform that create a new monetary obligation for the User 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, correct or supplement these Rules. The User will be informed of amendments to the Rules on the Oftet platform and amendments shall enter into force no earlier than 7 (seven) days after their publication, unless a later effective date is specified. If amendments are made so that the Rules comply with requirements of applicable law or security requirements, amendments to the Rules may enter into force immediately upon publication. If the User does not agree to amendments to the Rules, they should cease using the Oftet platform. If the User continues to use the Oftet platform after amendments enter into force, it shall be deemed that they agree to the amendments to the Rules, unless the Parties agree otherwise 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 shall be sent by electronic means: Oftet – by email: [email protected]; to the User – to the email address indicated in the Account. The User expressly agrees and undertakes to check regularly the email address indicated in the Account.

15.1. The laws of the Republic of Lithuania shall apply to the Rules. Any disputes/disagreements arising in connection with these Rules shall be resolved by negotiation. If the Parties fail to reach an amicable agreement, any dispute arising from these Rules shall be submitted to a court of the Republic of Lithuania as the court of first instance according to the location of Oftet's registered office.

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

15.3. If any provision of the Rules is deemed invalid under applicable law, the remaining provisions of the Rules shall continue in force, except where the invalid provision essentially makes implementation of the remaining provisions impossible. If any provision of the Rules or part thereof is or becomes invalid or no longer binding on the Parties, the Parties shall negotiate in good faith and replace it with wording that as accurately as possible reflects the intentions of the Parties.

15.4. No delay, inaction or inability of either Party to exercise any of its rights or remedies provided for in the Rules or applicable law shall be deemed a waiver thereof or consent to the event that gave rise to such right or remedy.