Last Updated: September 11th, 2025
Introduction
Welcome to JobWinner, accessible at www.jobwinner.ai and through any related applications, subdomains, or white-label portals (the “Platform”). These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and JobWinner.ai (“JobWinner,” “we,” “our,” or “us”).
By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, Cookie Policy, and any additional guidelines, policies, or agreements that may apply.
If you access JobWinner through an organization, separate terms and a separate privacy policy apply to that use.
If you do not agree to these Terms, you must immediately discontinue use of the Services.
1. Definitions
For the purposes of these Terms:
1.1 “Services” means all digital tools, functionalities, applications, APIs, and resources offered by JobWinner, including but not limited to CV tailoring, cover letter drafting, interview preparation, job-match analysis, job-tracking dashboards, integrations with third-party systems, and white-label solutions for institutions.
1.2 “Platform” means the JobWinner website, mobile apps (if any), white-label portals, or any subdomains operated or licensed by JobWinner.
1.3 “User” means any individual or entity accessing or using the Services, including but not limited to job seekers, employers, educational institutions, universities, bootcamps, coaches, or enterprises.
1.4 “Account” means a personal or organizational profile registered to access Services.
1.5 “White-Label Solution” means a version of the Platform delivered to a third-party organisation under a licensing or reseller agreement, allowing use of JobWinner’s technology under custom branding, with optional domains, logos, colour schemes, and administrative dashboards.
1.6 “Content” means all text, data, images, videos, resumes, cover letters, AI-generated outputs, job postings, and any other information made available through the Services, whether originating from JobWinner, Users, or third parties.
1.7 “Agreement” means these Terms, together with the Privacy Policy, any applicable white-label licensing agreement, and other referenced policies.
2. Eligibility
2.1 Age Requirement. You must be at least 16 years old to create an Account or use the Services. Users under the age of 18 may only use the Services with consent and supervision of a parent or guardian.
2.2 Capacity. By using the Services, you represent that you have the legal capacity to enter into binding agreements. If you are accessing the Services on behalf of an organisation, you warrant that you are authorised to accept these Terms on its behalf.
2.3 Geographic Restrictions. The Services are intended for global use. However, some jurisdictions may impose restrictions on use of AI technologies, career platforms, or data processing. JobWinner reserves the right to restrict access in territories where use would contravene applicable law.
2.4 Institutional Users. Universities, bootcamps, employers, or other entities purchasing a White-Label Solution or group subscription must ensure that all end-users within their organisation comply with these Terms.
3. User Accounts
3.1 Account Creation. To access certain Services, you may be required to register an Account by providing full name, email, password, and other necessary details. Information must be accurate, complete, and kept up to date.
3.2 Account Security. You are responsible for maintaining confidentiality of your login credentials. Any activities performed under your Account shall be deemed your responsibility. JobWinner shall not be liable for unauthorised use resulting from your failure to secure your Account.
3.3 Multiple Accounts. Users may not create multiple Accounts for fraudulent purposes, to exploit free trials, or to bypass subscription limits. JobWinner reserves the right to consolidate, suspend, or terminate duplicate Accounts.
3.4 Verification. JobWinner may request identity verification or institutional verification for certain Services (for example, for White-Label administrators). Failure to provide accurate information may result in suspension.
3.5 Suspension or Termination. JobWinner reserves the right to suspend or permanently terminate an Account in cases of:
- Violation of these Terms or applicable law.
- Fraudulent activity, such as misuse of promotions or chargeback abuse.
- Threats to platform security or intellectual property.
- Misrepresentation of affiliation with an institution or company.
4. Scope of Services
4.1 Individual Services. For job seekers and individual users, JobWinner provides:
- CV and résumé tailoring based on job descriptions.
- Cover letter drafting using AI tools.
- Interview preparation simulations, including STAR method guidance.
- Job match analysis, including strengths, weaknesses, and recommendations.
- A job application tracker and dashboard.
4.2 Institutional Services. For educational and corporate clients, JobWinner provides:
- White-label portals with branding, domains, and administrative dashboards.
- Usage analytics and reporting for career services teams.
- Group licensing, role-based access, and sub-admin management.
- Single Sign-On (SSO) and authentication integrations (where agreed).
4.3 Service Changes. JobWinner may add, remove, or modify features without prior notice. Some features may remain in beta testing and may contain errors.
4.4 Service Availability. While we strive for uptime, JobWinner does not guarantee uninterrupted access. Scheduled or emergency maintenance may occur without prior notice.
5. Acceptable Use and Prohibited Conduct
5.1 Permitted Use. You may use the Services solely for lawful purposes related to professional development, career advancement, or institutional support.
5.2 Prohibited Conduct. You agree not to:
a. Use the Services for any illegal, fraudulent, or unauthorised purpose.
b. Submit false, misleading, or plagiarised résumés or documents.
c. Exploit AI tools to generate unlawful, discriminatory, or defamatory content.
d. Circumvent subscription limits, licensing terms, or usage restrictions.
e. Access the Services through automated systems such as bots or scrapers.
f. Interfere with the security, availability, or performance of the Services.
g. Reproduce, duplicate, resell, or distribute Services without express written authorisation.
h. Misrepresent your identity or affiliation with any organisation.
5.3 Consequences of Misuse. Violation of this section may result in suspension, termination, reporting to relevant authorities, or pursuit of legal remedies.
6. Payments, Subscriptions, and Billing
6.1 Subscription Plans. Access to premium features requires a valid paid subscription. Subscription models may include weekly, monthly, quarterly, annual, or lifetime plans.
6.2 Pricing. All fees are listed in Euro (EUR) unless otherwise stated. JobWinner reserves the right to adjust prices at any time. Price changes will not affect an ongoing subscription until its next renewal.
6.3 Billing and Payment Processing. Payments are processed through third-party providers such as Stripe. By subscribing, you authorise JobWinner (or its provider) to charge your selected payment method.
6.4 Renewals. Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date.
6.5 Free Trials and Promotions. Free trials or promotional offers may be subject to additional conditions. Abuse of promotional codes may result in termination.
6.6 Refunds. Refunds are provided only where required by law or explicitly stated in our refund policy. Lifetime or discounted plans may be non-refundable.
6.7 Chargebacks. Users agree to contact JobWinner to resolve disputes before initiating chargebacks. Fraudulent or abusive chargebacks may result in termination and legal action.
6.8 Institutional Billing. White-Label clients may be invoiced separately under specific terms outlined in their licensing agreement. Late payments may incur interest and suspension of Services.
7. Intellectual Property
7.1 Ownership. The Platform, Services, and all associated intellectual property—including software, algorithms, trademarks, trade names, domain names, UI/UX design, and branding—are the exclusive property of JobWinner and/or its licensors.
7.2 Limited Licence. Users are granted a personal, non-transferable, revocable licence to access the Services. No ownership rights are transferred.
7.3 Restrictions. Users may not:
- Copy or reproduce Services or Content, except as expressly permitted.
- Modify or create derivative works.
- Use JobWinner branding without prior written consent.
- Reverse engineer, decompile, or attempt to extract source code.
7.4 Feedback. Users who provide feedback or suggestions grant JobWinner a perpetual, royalty-free licence to use such ideas for improvement or commercialisation.
8. User-Generated Content
8.1 Responsibility. Users are solely responsible for the accuracy, legality, and appropriateness of all materials they upload or generate on the Platform, including CVs, résumés, cover letters, interview answers, reviews, comments, or any other submissions (“User Content”).
8.2 Licence to JobWinner. By submitting User Content, you grant JobWinner a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, modify, adapt, display, and distribute such content as necessary to provide the Services and improve functionality.
8.3 Prohibited Content. User Content must not:
a. Contain unlawful, defamatory, discriminatory, or misleading material.
b. Infringe upon third-party intellectual property rights.
c. Include confidential data of third parties without consent.
d. Be generated with malicious intent, such as fraudulent résumés.
8.4 Removal of Content. JobWinner reserves the right to remove or restrict User Content that violates these Terms, applicable law, or internal policies.
9. Data Protection and Privacy
9.1 Compliance. JobWinner complies with the General Data Protection Regulation (EU) 2016/679 (GDPR) and other applicable data protection laws.
9.2 Data Collection. We collect and process personal data including account credentials, uploaded résumés, job descriptions, analytics, and metadata. For White-Label clients, additional data relating to usage statistics may be collected for reporting purposes.
9.3 User Rights. Users have the right to access, rectify, erase, restrict processing, and export their personal data. Requests can be submitted to support@jobwinner.ai.
9.4 International Transfers. Data may be transferred outside the European Economic Area with appropriate safeguards, such as Standard Contractual Clauses.
9.5 Data Retention. JobWinner retains data only as long as necessary for providing Services or as legally required.
9.6 Third-Party Processors. Certain processing activities are outsourced to providers (e.g., payment processors, hosting providers). These entities are contractually bound to comply with applicable regulations.
9.7 Privacy Policy. For detailed information, Users should refer to our Privacy Policy, which forms part of this Agreement.
10. Disclaimers and Limitation of Liability
10.1 “As Is” Basis. Services are provided on an “as is” and “as available” basis, without warranties of merchantability, fitness for a particular purpose, or non-infringement.
10.2 AI-Generated Content Disclaimer. The Services include AI-powered tools for résumé tailoring, cover letter writing, and interview preparation. Users acknowledge that such content is generated automatically, may contain errors, and should be reviewed before use. JobWinner does not guarantee employment outcomes.
10.3 Third-Party Links. The Platform may include links to third-party websites. JobWinner is not responsible for their availability, accuracy, or practices.
10.4 Limitation of Liability. To the maximum extent permitted by law, JobWinner shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of data, reputational harm, lost opportunities, or business interruption.
10.5 Cap on Liability. JobWinner’s total aggregate liability arising out of these Terms shall not exceed the total fees paid by the User in the six (6) months preceding the claim.
11. Indemnification
Users agree to indemnify, defend, and hold harmless JobWinner, its affiliates, officers, directors, employees, and licensors from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from:
a. Breach of these Terms.
b. Misuse of the Services.
c. Violation of applicable law.
d. Infringement of third-party rights through User Content.
12. Suspension and Termination
12.1 Suspension. JobWinner may suspend access to an Account or Service without liability if:
- Security or integrity of the Platform is at risk.
- Non-payment occurs beyond the grace period.
- Misuse or breach of these Terms is detected.
12.2 Termination by User. Users may close their Account at any time via account settings or by contacting support.
12.3 Termination by JobWinner. We may terminate Accounts permanently for repeated violations, fraudulent activity, or legal obligations.
12.4 Survival. Upon termination, provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law shall survive.
13. Governing Law and Jurisdiction
13.1 Applicable Law. These Terms are governed by and construed in accordance with the laws of Ireland, without regard to conflict of law principles.
13.2 Jurisdiction. The courts of Ireland shall have exclusive jurisdiction over disputes arising from or relating to these Terms.
14. Dispute Resolution
14.1 Informal Resolution. Users agree to first attempt resolution of disputes informally by contacting support@jobwinner.ai.
14.2 Mediation or Arbitration. If a resolution is not reached, disputes may, where legally permissible, be submitted to binding arbitration in Dublin, Ireland, under the rules of the Irish Arbitration Association.
14.3 Class Actions. Users waive participation in class or collective actions to the maximum extent permitted by law.
15. Force Majeure
JobWinner shall not be liable for failure to perform obligations under these Terms where such failure results from events beyond its reasonable control, including but not limited to natural disasters, strikes, labour disputes, cyberattacks, government restrictions, war, or power failures.
16. Modifications to the Terms
We reserve the right to modify these Terms at any time. Updated Terms will be posted on the Platform, with changes effective upon publication unless otherwise stated. Continued use of the Services after such updates constitutes acceptance.
17. Refund Policy
19.1 General Principle.
JobWinner aims to provide a fair and transparent refund process. You may be eligible for a refund if:
a. You request it within seven (7) calendar days of your initial purchase; or
b. You have not used the platform at all (meaning you have not logged in or accessed any paid features), regardless of when the request is made.
19.2 Conditions of Eligibility.
a. Refunds will only be granted for the first purchase of a subscription or plan. Renewals are covered by the 7-day rule only.
b. If you have significantly used the platform (e.g., generated CVs, cover letters, interview simulations, or accessed dashboards), you may not qualify for a refund after the 7-day window.
c. “No use” means zero login activity and no interaction with paid features. JobWinner reserves the right to verify this.
19.3 Subscription Plans.
a. Weekly, Monthly, Quarterly, and Annual Plans. Refunds are available if requested within 7 days of purchase or if the account has not been used at all. After that, payments are non-refundable, and you will retain access until the end of the billing cycle.
b. Lifetime Plans. Lifetime subscriptions are non-refundable once used. If you purchase a lifetime plan and do not use the platform at all, you may request a full refund at any time.
19.4 Institutional and White-Label Access.
a. If your access is sponsored by an Institutional Partner (e.g., university, bootcamp, or employer), refunds for fees paid directly to them are subject to their own refund policy.
b. JobWinner is not responsible for refunding amounts collected by Institutional Partners.
c. If you pay JobWinner directly for White-Label access, the 7-day or unused-account refund conditions apply.
19.5 Promotions and Discounts.
Purchases made using promotions, coupons, or discounts are subject to the same 7-day or unused-account refund conditions.
19.6 Refund Requests.
a. All refund requests must be submitted in writing to support@jobwinner.ai with proof of payment and the email linked to your Account.
b. Approved refunds will be returned to the original payment method within 14 business days.
19.7 Chargebacks.
Users agree to resolve billing concerns with JobWinner before initiating a chargeback. Unjustified chargebacks may result in Account suspension or termination.
19.8 Consumer Rights.
Nothing in this section limits your statutory rights. If local consumer protection laws grant you additional rights, those rights shall prevail.
18. White-Label Solution
18.1 Nature of the White-Label Service.
In some cases, you may access JobWinner through a version of the Platform branded with the name, logo, and domain of an educational institution, university, bootcamp, employer, coaching company, or other organisation (the “Institutional Partner”). This is known as the “White-Label Solution.” While the platform may appear under the Institutional Partner’s brand, the underlying technology, features, and services are operated and provided by JobWinner.ai.
18.2 Applicability of Terms.
These Terms of Service, together with our Privacy Policy and any other referenced policies, apply in full to your use of the White-Label Solution. By using a white-label portal, you acknowledge that:
a. Your contractual relationship for use of the technology is with JobWinner.ai, not solely with the Institutional Partner.
b. The Institutional Partner may act as an administrator or facilitator but does not replace JobWinner as the provider of the Services.
c. In case of conflict between information provided by an Institutional Partner and these Terms, the provisions of these Terms shall prevail.
18.3 Role of JobWinner vs. Institutional Partner.
a. JobWinner’s Role. JobWinner is responsible for providing the digital platform, AI tools, technical infrastructure, and data protection measures.
b. Institutional Partner’s Role. The Institutional Partner may provide you with access credentials, manage accounts, or offer complementary guidance (e.g., career coaching, training). However, they do not control how the technology functions and are not responsible for the operation of AI tools.
c. No Employment or Educational Guarantee. Access to a White-Label Solution does not guarantee employment, admission, certification, or any outcome promised by the Institutional Partner.
18.4 User Accounts and Responsibilities.
a. You will typically create an Account within the White-Label Solution using an email address linked to the Institutional Partner. This Account remains subject to these Terms.
b. You are responsible for the accuracy of the information you provide and for complying with the Acceptable Use provisions (see Section 5).
c. If your access is sponsored by an Institutional Partner, they may have administrative rights over your account (e.g., ability to view usage statistics).
18.5 Data and Privacy.
a. JobWinner as Provider. JobWinner acts as the primary provider of Services and, for GDPR purposes, generally functions as the data processor. The Institutional Partner may act as the data controller for certain categories of data.
b. Visibility of Data. Your Institutional Partner may have access to anonymised usage statistics (e.g., number of logins, activity levels) and, in some cases, identifiable information if contractually agreed.
c. Data Protection. Regardless of branding, your personal data is handled according to JobWinner’s Privacy Policy and in compliance with GDPR.
18.6 Payments and Access.
a. In some cases, your access to the White-Label Solution is sponsored or prepaid by the Institutional Partner. In other cases, you may be required to pay fees directly.
b. All billing and refund policies set out in Section 6 apply equally to White-Label access, unless explicitly stated otherwise in your agreement with the Institutional Partner.
18.7 Support and Contact.
a. For technical issues, you may first contact your Institutional Partner’s administrator. However, ultimate responsibility for the platform rests with JobWinner, and you may always contact us directly at support@jobwinner.ai.
b. JobWinner provides technical support for platform functionality. The Institutional Partner may provide additional guidance or career services, but these are separate from JobWinner’s obligations.
18.8 Termination of Access.
If your access to the White-Label Solution is granted through an Institutional Partner, it may end when your relationship with that institution ends (e.g., upon graduation, employment termination, or end of membership).
JobWinner also reserves the right to suspend or terminate your access for breaches of these Terms, irrespective of your Institutional Partner’s involvement. Upon termination, your rights to use the platform end, but you may request export of your personal data as described in Section 9
18.9 Clarification of Liability.
a. JobWinner is responsible for the functionality, availability, and compliance of the White-Label Solution.
b. The Institutional Partner is responsible only for their own representations, coaching, or additional services provided outside the platform.
c. To the maximum extent permitted by law, JobWinner shall not be liable for promises, guarantees, or commitments made by the Institutional Partner that go beyond the scope of these Terms.
19. Contact Information
For questions or concerns regarding these Terms:
- Email: support@jobwinner.ai
- Address: Unit 4 First Floor, 84 Strand Street, Skerries, Co. Dublin, K34 VW93, Ireland
These Terms of Service were last updated on October 30, 2024. By using JobWinner, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Last Updated: February 115h, 2025
White-label Licensing Service Level Agreement
Terms of Service for Institutional Access
This Service Level Agreement (“Agreement”) governs the terms under which JobWinner Ventures Limited provides institutional access to its Platform. By registering and activating an institutional account, the Client agrees to be bound by the terms set forth herein.
This Agreement is entered into between:
JobWinner Ventures Limited, a private company limited by shares, incorporated under the laws of Ireland, with registered office at Unit 2, 2 Bridge Street, Athlone, Westmeath, N37 F1W4, Ireland (“JobWinner”);
AND
The institution, company, or organization that completes the registration process and accepts these terms (“Client”).
JobWinner and the Client are each referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS JobWinner is the creator, owner, and operator of an artificial-intelligence-powered digital platform designed to assist individuals in their professional and career development by providing automated résumé and cover-letter generation, job-match analysis, interview-preparation guidance, and related functionality (the “Platform”);
WHEREAS the Client desires to offer its students, employees, alumni, or other authorized members access to the Platform as part of its educational, employability, and career-services initiatives, through a customized white-label deployment reflecting the Client’s brand identity, subdomain, and design;
WHEREAS JobWinner agrees to provide such access, subject to the terms, limitations, and conditions set forth in this Agreement; and
WHEREAS the Parties acknowledge that, for all purposes relating to data-protection legislation, JobWinner shall act as Data Controller in respect of the personal data processing activities carried out through the Platform functionalities, while the Client acts as an independent Data Controller in respect of its own processing activities related to Backoffice access, as further described in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:
1. DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires:
- “Application” means one complete instance of the use of the Platform’s artificial-intelligence functionalities to generate or tailor job-application materials for a distinct employment opportunity, including but not limited to résumé/CV optimization, cover-letter creation, job-fit or skill-match analysis, and interview-question preparation.
- “End User” or “User” means any individual student, alumnus, employee, staff member, or other person authorized by the Client to access the Platform under this Agreement.
- “Seat” means a unique, active user account within the Platform, capable of being reassigned when deactivated, provided the total concurrent active accounts do not exceed the number licensed.
- “Services” refers collectively to the Platform and all associated hosting, maintenance, technical-support, and integration services provided by JobWinner under this Agreement.
- “Term” means the initial and any subsequent renewal period during which the Client and its authorized users may access the Services.
Headings are for convenience only and shall not affect interpretation. References to statutes include amendments and re-enactments. Words importing the singular include the plural and vice versa.
2. LICENSE GRANT AND SCOPE
2.1 Grant of License
JobWinner hereby grants to the Client a non-exclusive, non-transferable, limited, and revocable license to make the Platform available to eligible End Users during the Term, solely for legitimate educational, career-development, and employability purposes consistent with the Client’s mission.
2.2 Licensed Seats
The license covers the number of Seats specified in the applicable order form or registration confirmation. The Client may reassign Seats among authorized individuals at its discretion, provided that the maximum number of active user accounts does not exceed the licensed quantity simultaneously.
2.3 Usage Limitations
Each End User may generate or process up to one hundred (100) Applications per calendar month. For clarity, repeated edits or iterations related to the same job posting constitute a single Application; each distinct job opportunity counts as one Application. JobWinner may monitor aggregate usage to ensure compliance with this fair-use limit and may, if persistent excess occurs, propose commercially reasonable adjustments to Seat allocations or pricing.
2.4 Branding and Deployment
The Platform shall operate under a subdomain designated by the Client and configured with the Client’s visual identity (logo, colors, and design). Certain minimal and technically necessary references to JobWinner may remain visible (e.g., within URLs, system notifications, support interfaces, or footer notices) to ensure transparency and operational integrity.
Where the Platform is deployed under a white-label configuration, JobWinner shall ensure that end users are clearly informed at registration and in the Privacy Policy of JobWinner’s role as Data Controller for the Platform Processing, in order to avoid any confusion regarding data-protection responsibilities.
2.5 Ownership and Intellectual Property
All rights, title, and interest in and to the Platform, its software code, architecture, artificial-intelligence models, databases, content, and related documentation shall remain vested exclusively in JobWinner. Nothing in this Agreement confers any proprietary interest upon the Client or any End User. The Client shall not, and shall ensure that its End Users do not, copy, modify, decompile, reverse-engineer, or otherwise attempt to derive the source code or underlying logic of the Platform.
2.6 End-User Acceptance
Each End User, upon first access to the Platform, shall be required to review and affirmatively accept JobWinner’s Terms & Conditions and Privacy Policy, available at https://www.jobwinner.ai. Such acceptance creates a direct contractual relationship between the End User and JobWinner. The Client shall inform prospective users of this requirement before access is granted. The Client shall not be responsible in any way for any use or circumstance related to the use of the Platform by End Users.
2.7 Backoffice Access
As part of the licensed Services, JobWinner shall provide the Client with access to a secure administrative Backoffice Dashboard (“Backoffice”), hosted within the Platform. The Backoffice enables authorized Client personnel to view and monitor user-level information and aggregated activity metrics, including user identification data (such as name, email, and account status) and records of job-application activity performed on the Platform.
Access to the Backoffice is granted exclusively for legitimate educational, reporting, and engagement-monitoring purposes. The Client shall ensure that only duly authorized staff members access such data, shall not download, export, or reuse the information for unrelated purposes, and shall comply with any technical or security measures imposed by JobWinner.
3. TERM AND RENEWAL
The Agreement shall commence on the date of registration acceptance and continue for the initial period specified in the applicable order form or registration confirmation, unless terminated earlier in accordance with Clause 6.
Any renewal shall be effected by mutual written agreement executed prior to expiry and may include updated commercial terms, Seat volumes, or feature sets.
4. FEES AND PAYMENT
4.1 License Fee
In consideration for the rights granted herein, the Client shall pay JobWinner the license fee set out in the applicable order form or pricing schedule confirmed at the time of registration.
4.2 Payment Terms
JobWinner shall issue an invoice upon execution of this Agreement or at the start of each billing period, as applicable. All payments shall be made within thirty (30) days of invoice date via the payment method designated by JobWinner. Fees are exclusive of value-added tax (VAT) and any applicable governmental charges, which shall be borne by the Client.
4.3 Inclusions
The License Fee includes:
- access for the number of Seats specified in the order;
- generation of up to 100 Applications per user per month;
- hosting, maintenance, and platform updates; and
- technical and end-user support as described in Clause 5.
5. SUPPORT, MAINTENANCE AND SERVICE LEVELS
5.1 Support Availability
JobWinner shall provide technical assistance to Client administrators and to End Users from Monday to Friday, 09:00 to 18:00 CET, excluding public holidays.
5.2 Response Time
All support requests shall be acknowledged within twenty-four (24) hours on business days and handled with commercially reasonable diligence.
5.3 Communication Channels
Support shall be provided primarily via in-app chat (Crisp IM) and email correspondence. Additional channels may be introduced at JobWinner’s discretion.
5.4 Maintenance and Updates
JobWinner will perform regular maintenance, bug-fixing, and functional upgrades. Planned maintenance will, where feasible, be scheduled outside peak usage periods and notified in advance.
5.5 Service Level Objective
JobWinner shall use commercially reasonable efforts to maintain ninety-nine percent (99%) average monthly uptime, excluding scheduled maintenance, third-party outages, or events of force majeure.
6. TERMINATION
6.1 Termination for Cause
Either Party may terminate this Agreement if the other Party commits a material breach and fails to cure it within thirty (30) days after written notice.
6.2 Termination for Convenience
Either Party may terminate this Agreement without cause by providing thirty (30) days’ prior written notice to the other.
6.3 Consequences of Termination
Upon termination or expiry:
- all access credentials issued to the Client shall be deactivated;
- JobWinner shall cease providing Services; and
- no refund shall be owed for any unused portion of the Term.
Clauses 7–11 shall survive termination.
7. DATA PROTECTION AND PRIVACY
7.1 Data Roles
(a) Platform Processing: JobWinner acts as the sole Data Controller for all personal data processed through the Platform.
(b) Backoffice Access Processing: With respect to the access, consultation, and analysis by the Client of limited user-identification data and usage metrics through the Backoffice Dashboard, the Client acts as an independent Data Controller.
The Parties confirm that they do not act as joint controllers within the meaning of Article 26 GDPR.
7.2 Purpose of Client Access
The Client as an independent Data Controller may view user data and activity information solely for educational, reporting, and engagement-monitoring purposes, in line with its career-development initiatives. The Client shall not download, export, copy, or re-use such data for unrelated purposes or combine it with other systems without JobWinner’s prior written consent.
7.3 User Relationship
Each End User’s interaction with the Platform is governed directly by JobWinner’s Terms & Conditions and Privacy Policy. By registering, users enter a direct contractual relationship with JobWinner Ventures Limited.
7.4 Compliance and Safeguards
JobWinner shall ensure compliance with all applicable data-protection laws, implement appropriate security and technical measures, and maintain lawful safeguards for international transfers, including Standard Contractual Clauses for processors and subprocessors such as OpenAI L.L.C.
7.5 Data-Subject Rights
JobWinner shall handle all data-subject requests relating to the platform processing directly. The Client shall handle data-subject requests relating to its own Backoffice Access Processing.
7.6 Reporting
JobWinner may provide the Client with anonymized or aggregated usage reports and may grant real-time dashboard access for transparency and performance tracking.
7.7 Data Related to Contact Persons and Signatories
In accordance with the provisions of EU Regulation 2016/679, the personal data provided by the Parties, referring to their contact persons or signatories, will be processed in order to manage the contractual relationship formalized between them. The legitimate basis of the processing is the management, maintenance, compliance, development, control, and execution of the provisions of this Agreement.
The data provided will be kept for the duration of the contractual relationship. At the end of the contractual relationship, the data will be blocked, preventing their processing, except for the purpose of making them available to judges and courts, the Public Prosecutor’s Office or the competent public administrations, for the enforcement of any obligations arising from the processing and only for the period of limitation of the same.
Personal data will not be communicated to third parties, except in the cases provided for by law, although they may be accessed by suppliers who provide services to the parties in order to fulfil the purposes of the processing described.
Data subjects may exercise their rights of access, rectification, erasure, limitation, objection and/or portability by addressing their request in writing to: legal@jobwinner.ai (JobWinner) or to the designated data protection contact of the Client.
The data will not be subject to international transfers. Data subjects may also file a complaint with the relevant data protection authorities when they consider their rights have been infringed.
Contact details of the Data Protection Officer of JobWinner: legal@jobwinner.ai.
8. WARRANTIES AND LIABILITY
8.1 Authority and Capacity
Each Party represents and warrants that it has full corporate power and authority to enter into and perform this Agreement.
8.2 Service Warranty
JobWinner warrants that the Platform will, under normal use and circumstances, substantially perform as described in the accompanying documentation and marketing materials.
8.3 Disclaimer
Except as expressly provided herein, the Platform and all related materials are provided “as is”, without warranty of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.4 Limitation of Liability
To the maximum extent permitted by law, JobWinner’s total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort, or otherwise, shall not exceed the total license fees paid by the Client in the twelve (12) months preceding the event giving rise to the claim.
This limitation shall not apply to damages resulting from gross negligence, willful misconduct, or intentional breach of data-protection law.
8.5 Exclusion of Consequential Damages
Neither Party shall be liable for any indirect, incidental, or consequential loss, including loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.
9. CONFIDENTIALITY
Each Party undertakes to treat as confidential all proprietary, technical, commercial, and operational information received from the other Party and to use such information solely for the performance of this Agreement.
Disclosure shall be limited to those employees or contractors who need to know such information and are bound by equivalent confidentiality obligations.
This clause shall survive termination for three (3) years.
10. FORCE MAJEURE
Neither Party shall be liable for failure or delay in performing its obligations if such failure or delay results from events beyond its reasonable control, including but not limited to natural disasters, war, acts of terrorism, labor disputes, government actions, or internet or telecommunications failures.
Performance shall resume as soon as practicable after the cessation of such events.
11. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Ireland, excluding its conflict-of-laws rules.
The Parties irrevocably submit to the exclusive jurisdiction of the courts of Dublin, Ireland for the resolution of any dispute arising hereunder.
12. ENTIRE AGREEMENT AND EXECUTION
This document constitutes the entire agreement between the Parties and supersedes all prior communications or understandings concerning its subject matter.
JobWinner reserves the right to update or modify this Agreement at any time. Clients will be notified of material changes via email or in-platform notification. Continued use of the Services following notification constitutes acceptance of the revised terms.
ANNEX I – DATA PROTECTION ANNEX
This Data Protection Annex forms an integral part of the Service Level Agreement (“Main Agreement”) between JobWinner Ventures Limited (“JobWinner”) and the Client (together, “the Parties”).
The purpose of this Annex is to define the conditions under which the Client may access personal data made available through the JobWinner Platform, and to ensure compliance with Regulation (EU) 2016/679 (“GDPR”) and applicable data-protection legislation.
1. ROLES OF THE PARTIES
1.1 JobWinner Ventures Limited acts as the Data Controller for all personal data processed within the JobWinner Platform, including all end-user profiles, content, communications, and activity data.
1.2 The Client acts as an independent Data Controller for its own processing activities related to Backoffice access, as further described in this Agreement.
1.3 Nothing in this Annex shall be construed as creating a Controller–Processor or joint controller relationship. Each Party acts as an independent Data Controller for the personal data processing activities it carries out under this Agreement.
1.4 For avoidance of doubt, the Client’s ability to access and view certain identifiable data through the Backoffice constitutes a distinct and limited processing activity consisting of the consultation and analysis of such data for monitoring and evaluation purposes. In relation to this specific processing activity, the Client acts as an independent Data Controller, determining its own purposes and legal basis. The Client does not determine the purposes or essential means of processing the personal data carried out through the platform functionalities, which remain under JobWinner’s exclusive control as Data Controller. Each Party remains solely responsible for compliance with its respective data-protection obligations arising from the processing activities it carries out under this Agreement.
2. PURPOSE AND SCOPE OF DATA ACCESS
2.1 The Client as an independent Data Controller may view certain user-level and aggregated data through the Backoffice, including:
- basic user identification data (name, surname, email, account status, registration date);
- user activity data (number of sessions, documents generated, and job applications created);
- statistical summaries (usage trends, participation rates, anonymized metrics).
2.2 The Client’s access as an independent Data Controller is strictly read-only and intended solely for:
- monitoring engagement and participation of eligible users;
- assessing educational or professional outcomes and employability-support effectiveness; and
- internal reporting on platform adoption and user performance metrics.
3. DATA CATEGORIES AND SUBJECTS
- Data Subjects: individuals (students, employees, alumni, or staff members) who voluntarily register and use the JobWinner Platform under the Client’s institutional license.
- Personal Data: names, emails, institutional affiliation, job-application activity logs, and related metadata.
4. CONFIDENTIALITY AND ACCESS CONTROL
4.1 The Client shall ensure that only duly authorized personnel with a legitimate interest may access the Backoffice.
4.2 Each authorized staff member must be bound by confidentiality obligations and use their credentials individually.
4.3 The Client shall promptly deactivate access for any user who ceases to require it or leaves its employment.
4.4 JobWinner maintains audit logs of all administrative access to monitor compliance.
5. DATA SUBJECT RIGHTS
5.1 All data-subject rights relating to the Platform Processing (access, rectification, erasure, restriction, portability, and objection) shall be exercised directly with JobWinner via the contact channels indicated in its Privacy Policy: https://jobwinner.ai/privacy-policy-organizations/
5.2 All data-subject rights relating to the personal data processing carried out by the Client in its capacity as an independent Data Controller in connection with Backoffice access shall be exercised with the Client, in accordance with its own Privacy Policy.
5.3 Where a Party receives a data-subject request that clearly relates to the other Party’s processing activities, it shall promptly forward such request to the competent Party without undue delay and, where reasonably necessary, cooperate in good faith to ensure a timely and lawful response in accordance with Article 12 GDPR.
6. DATA RETENTION AND DELETION
6.1 JobWinner retains user data only for as long as necessary to provide the Platform, or for up to ninety (90) days following account deletion or license expiry.
6.2 Upon user request or account deletion, JobWinner shall erase or anonymize the data and confirm deletion in writing if requested by the Client.
6.3 The Client shall not store or archive any personal data outside the Backoffice. Screenshots, exports, or external backups are strictly prohibited.
7. INCIDENT NOTIFICATION
In the event of a personal-data breach affecting data accessible through the Backoffice, JobWinner shall notify the Client without undue delay and provide information about:
- the nature and scope of the incident;
- the categories and approximate number of affected data subjects;
- the likely consequences; and
- measures taken or proposed to mitigate the risk.
8. LIABILITY AND INDEMNITY
8.1 Each Party shall be liable for its own acts and omissions under applicable data-protection law.
8.2 Each of the Parties shall hold the other Party harmless against any claim that may be brought (in particular, in the event of the initiation of any type of proceeding by a competent data protection authority) arising from the breach of the obligations and warranties set out in this Agreement and applicable data protection regulation.
8.3 Accordingly, if, as a result of any breach of the contractual obligations by one of the Parties or by its personnel or, where applicable, by subcontracted third parties, any liability of any kind whatsoever is incurred by the other Party, the breaching Party shall be obliged to compensate the amount of such liabilities, whether direct or indirect or vis-à-vis third parties, as well as to indemnify the damages and losses caused to the other Party as a result of such breach, expressly releasing the latter from any liability that may arise therefrom and guaranteeing it full indemnity in this respect, including, in all cases, legal fees and any other costs that may be incurred in the defence of its interests.
9. GOVERNING LAW AND JURISDICTION
This Annex shall be governed by and construed in accordance with the laws set out in the Main Agreement.
Any dispute shall fall under the exclusive jurisdiction set out in the Main Agreement.
10. EFFECTIVE DATE AND DURATION
This Annex enters into force simultaneously with the Main Agreement and remains valid for as long as the Client maintains Backoffice access or until all such access is revoked or terminated.
In case of conflict between the provisions of this Annex and the Main Agreement, the provisions of this Annex shall prevail.
This Annex is accepted as part of the Service Level Agreement upon registration.
