General conditions of contract (GCC)

I. Subject matter, objective and purpose

Art. 1 Subject matter

The provider grants the customer, under the terms and conditions set out below, a non-transferable and non-exclusive right to use the Profilmatcher program for matching candidate profiles with open positions available on the Internet, for the purpose of achieving the objectives described below.

Art. 2 Objective and purpose

Profilmatcher primarily serves as a tool for customer relationship management, acquisition of new customers and candidate placement. The tool supports the value creation of recruitment service providers by enabling a targeted and efficient overview of the Swiss labor market and by allowing suitable positions for candidates to be identified quickly and easily.

II. Obligations of the provider

Art. 3 General provisions

The provider undertakes to make the contractual software accessible to the customer for use via a data network by means of a user name and password and to maintain such access. For this purpose, the provider stores the software on a server accessible to the customer via the internet.

The provider undertakes, in accordance with the provisions below, to ensure the continuous maintenance of the software and the data network connection. To the extent that the provider makes use of third-party services for the provision of offered services, such third parties shall not become contractual partners of the customer.

To the extent that the provider provides free services or benefits, these may be discontinued at any time without prior notice. No claim for reduction, refund or damages shall arise therefrom.

The provider shall be entitled at any time to amend or supplement the content of this agreement subject to reasonable notice. If the customer does not object to the amended terms within two weeks of receipt of the notice of amendment, and at the latest prior to the date on which the amendments are intended to take effect, such amendments shall become effective as announced. If the customer objects within the applicable time limit, the provider shall be entitled to terminate the agreement as of the date on which the amended terms are intended to take effect. The customer’s objection must be made in writing.

III. Warranty and liability of the provider

Art. 4 Use of the software

The provider grants the customer the simple usage rights required to use the contractual services relating to the software. To the extent that the provider makes available to the customer third-party software, i.e. software created by third parties, the usage rights granted to the customer shall be limited to the scope of the usage rights granted to the provider by such third parties. In such cases, the provider shall be obliged to disclose to the customer the scope of the usage rights granted to it by the relevant third party.

Art. 5 Maintenance of the software

The provider undertakes to provide the customer with a functioning tool. To the extent that malfunctions are attributable to circumstances within the provider’s sphere of responsibility, the provider undertakes to remedy them without delay. In particular, the provider shall not be responsible for any difficulties in accessing the Internet that are beyond the provider’s control or are due to network congestion.

The data underlying Profilmatcher, their timeliness and the quality of the search results displayed based on user queries are provided on a “best effort” basis. The provider cannot guarantee uniform data quality or consistent accuracy of search results.

If the provider is unable to remedy serious defects that result in the program no longer being usable for its intended purpose, and such a situation is identified by the customer, the customer shall be entitled to withdraw from this agreement by registered letter.

Art. 6 Software updates

As the owner of the intellectual property rights, the provider may at any time modify, supplement, adapt or further develop the program. The uploading of software updates as well as measures for identifying and remedying malfunctions may result in interruptions. The parties acknowledge that such interruptions do not constitute grounds for objections to performance. The provider shall make all reasonable efforts to ensure that interruptions are as short as possible and, where possible, occur outside business hours.

Art. 7 Data hosting

The customer shall at all times remain the sole owner of the data entered with the provider under this agreement. The provider is obliged to take appropriate measures to prevent data loss in the event of a system crash and to prevent unauthorized access to such data by third parties. For this purpose, the provider shall perform regular backups and install firewalls or similar protective measures. Access credentials (user names and passwords) enabling secure access to the data by the customer must not be made accessible to unauthorized third parties.

Art. 8 Service packages and support

With regard to the provider’s services under the various service levels Basic, Pro and Expert, reference is made to www.profilmatcher.ch. With regard to support, the provider offers the following services:

  • support during hotline operating hours (excluding federal public holidays as well as general public holidays of the canton and city of Zurich)
  • availability for troubleshooting, error analysis and error resolution
  • hotline hours: Monday to Friday, 08:00–12:00 and 13:00–17:00
  • hotline availability: by e-mail at support@x28.ch

Art. 9 Interruption or impairment of accessibility

The uploading of software updates as well as measures aimed at identifying and remedying malfunctions may result in interruptions. The provider shall, however, make all reasonable efforts to ensure that such interruptions are as short as possible and, where possible, occur outside business hours.

Art. 10 Limitation of liability

The provider’s liability towards the customer shall be limited to a maximum amount of CHF 1’000.—. Under no circumstances shall the provider be liable for any direct or indirect damages or loss of earnings suffered by the customer. This limitation of liability shall also apply in the event of fault by an auxiliary person of the provider. The provider also assumes no liability for the disclosure of confidential data stored in the provider’s IT system.

Any liability of the provider towards third parties, in particular customers of the customer, is excluded, especially in cases of misuse or incorrect operation of the program. Only the customer may be held liable towards third parties. Any legal action against the provider is excluded.

IV. Obligations of the customer

Art. 11 General provisions

With regard to Profilmatcher, including the documentation, ideas, concepts or know-how, the customer is granted a non-transferable and non-exclusive right of use.

Art. 12 Obligations relating to the use of the program

The customer undertakes to make Profilmatcher available only to those employees who are authorized under the ASP agreement. Multiple use of the same access authorization by different users and/or employees of the customer is abusive and prohibited.

Use of the access by third parties is explicitly prohibited unless the provider has granted prior written consent. If use by third parties is permitted, the customer shall ensure that such parties comply with the provisions of this agreement.

The following shall be determined by the terms of use:

  • number of employees/users receiving access credentials
  • languages and versions available to the user
  • countries in which the license is valid

If the user wishes to use the program in other countries, in additional languages, or to increase the number of employees using the tool, the user shall request an extension of the service.

The customer or the user is further obliged to use Profilmatcher properly. Proper use shall in particular include:

  1. Refraining from any abusive use;
  2. Refraining from any criminal or unlawful activities;
  3. Refraining from any violation of statutory provisions;
  4. Compliance, under the customer’s own responsibility, with statutory and regulatory requirements necessary for the implementation of this agreement;
  5. Refraining from any infringement of the privacy of third parties;
  6. Refraining from any compromise of confidentiality;
  7. Refraining from any compromise of the system’s security measures;
  8. Refraining from any actions or statements contrary to public morals;
  9. Immediate written notification to the provider of any identifiable defects or damages;
  10. Refraining from any actions that jeopardize data security;
  11. Obligation to keep passwords confidential and to change them immediately if disclosure to third parties is suspected;
  12. In the event of a breach of the above obligations, the provider shall be entitled, after unsuccessful prior warning, to terminate the contractual relationship with immediate effect.

Art. 13 Provision, sale or transfer of the program to third parties

The customer undertakes not to sell, make available or use, in whole or in part, any written content or graphics owned by the provider for purposes other than those directly arising from the objectives described in these General Terms and Conditions.

Art. 14 Copyright, translations, permitted modifications and identification

Without the provider’s explicit written consent, the customer shall not modify, adapt or translate all or any part of Profilmatcher, including the associated texts or graphics.

The customer and/or its employees/users shall not copy, transfer, sublicense to third parties or pledge all or any part of the program. The customer shall be liable for any breach of this provision committed by itself or its employees, including after termination of their employment relationships.

V. Termination

Art. 15 General provisions

Either party may terminate the agreement by giving four weeks’ notice to the end of the contractual term. Termination must be made in writing. If no termination is given, the agreement shall be extended by the minimum contractual term defined in the ASP agreement.

The provider reserves the right to assert further claims arising from late payment.

Upon termination of the agreement, all associated rights shall expire. The customer and/or its employees/users shall no longer be entitled to use the program after termination of the agreement.

VI. Final provisions

Art. 16 General provisions

This agreement contains the entire agreement between the Parties. There are no side agreements.

Should any provision of this agreement be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The Parties undertake to replace the invalid provision with a provision that most closely reflects the original intent.

No ancillary agreements exist. Any amendments or supplements to this agreement must be made in writing. The same shall apply to any waiver of this written form requirement.

Art. 17 Jurisdiction and applicable law

If no amicable settlement can be reached, the Parties may submit their dispute before a court of competent jurisdiction. The exclusive place of jurisdiction shall be the provider’s registered office. Swiss law shall apply exclusively.

Art. 18 Language versions

In case of contradictions or inaccuracies between different versions of the present GCC, the German version shall prevail.

Thalwil, Februar 2026