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Terms and conditions of use of the service

Deckx is a marketplace that allows companies to search for developers (hereinafter both will also be called “Customers” or individually “Customer”) by proposing a job offer on our web app (the Deckx platform).
Deckx will provide Customers, for the term of this Agreement: a non-transferable right to access the Deckx Platform (the “Services” or the “Service”); technical support services In accordance with Deckx’s standard practices (“Support Services”), Customer agrees to take all reasonable steps to enable Deckx to fulfill its obligations to provide the Services. If Deckx’s performance of its obligations under the Agreement is prevented or delayed by any act or omission of the Client or its agents, consultants, subcontractors or employees, Deckx will not be in breach of this Agreement as a result of such act or omission. Deckx is not an employment agency, is not regulated as such, and Deckx’s directors or employees are not acting as agents of the Client. Customer shall have the right to use the Services in connection with any contract activity, but acknowledges that Customer will be responsible for verifying compliance of the Services with any formalities or other requirements applicable to such other contract activity.

1 Customer obligations
Customer shall not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relating to the Services, or any software developed, formed or owned by or licensed to Deckx and which is part of, or is used in providing the Services, documentation or data relating to the Services (“Software”);
allow users to share login credentials among multiple people (for example using generic email addresses that multiple people use to log into Deckx); modify, translate, teach, train, or create derivative works based on the Services or any Software (except as expressly permitted by Deckx or authorized within the Services);
access all or any portion of the Services or Software in order to build a product or service that competes with the Services;
use the Services to provide services to third parties;
license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit or make the Services available to any third party, except Customer’s employees or agents;
use the Services in a manner that is illegal or that causes damage or injury to any person or property; access, store, distribute, or use in the course of your use of the Services any malware or any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive;
facilitate illegal activities; depict sexually explicit images; promote unlawful violence; is discriminatory on the basis of race, sex, colour, religious belief, sexual orientation, disability;
attempt to obtain, or assist a third party in obtaining, access to the Services, except as provided in this clause.
The Client will use reasonable efforts to prevent any unauthorized access or use of the Services and will promptly notify Deckx in the event of any unauthorized access or use. Customer will be responsible for obtaining and maintaining any ancillary equipment and services necessary to connect to, access, or otherwise use the Services, including modems, hardware, servers, software, operating systems, networks, web servers, and the like.
Customer shall: provide Deckx with all necessary cooperation under this Agreement (and such necessary access to such information as may be required by Deckx) in order to provide the Services, including Customer Data (as defined below ), security login information and configuration services;
comply with all applicable laws and regulations in relation to its activities under this Agreement;
fulfill all other Customer responsibilities set forth in this Agreement promptly and efficiently. In the event of any delay in the Customer providing such assistance as agreed between the parties, Deckx may amend any agreed times or delivery schedules as reasonably necessary; obtain and maintain all licenses, consents and permits necessary for Deckx, its contractors and agents to perform their obligations under this Agreement, including to provide the Services. Deckx reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer’s access to any material that violates any provision of this clause.

2 Intellectual Property
In this clause, “Intellectual Property Rights” means patents, patentable rights, copyrights, design rights, utility models, trademarks (regardless of whether one of the above is registered or not ), trade names, domain name rights, invention rights, data rights, database rights, know-how rights and confidential information, and all other intellectual and industrial property rights and similar or analogous existing under the laws of any country and all pending applications and the right to apply for or register the same (present, future and contingent, and including all renewals, extensions, renewals and all rights of action accrued );
Deckx, a Member of the Deckx Group and/or its licensors shall, between the parties, remain the owners of all Intellectual Property Rights in the Deckx trademarks, software, databases, trademarks and logos, the Services and the Software. Except as expressly permitted by this Agreement, Customer may not use any of Deckx’s Intellectual Property Rights without Deckx’s prior written consent.
In this Agreement, Deckx Content means all data, information and materials owned or licensed to Deckx and included in the Services, excluding Customer Data.
The Client shall promptly bring to Deckx’s attention any misuse or misuse of any Deckx Intellectual Property Rights of which he becomes aware. The Client will assist Deckx in taking all steps to defend the Intellectual Property Rights of Deckx, but will not initiate legal proceedings on its own initiative. The Client agrees that Deckx and its contractors have the right to access and use the Client Data for the purposes of providing the Services. Deckx and/or a member of the Deckx Group own and retain all right, title and interest in and to the Services and the Software, all improvements, enhancements or modifications thereto; any software, applications, inventions or other technology developed in connection with the Services; all intellectual property rights relating to the above. Nothing in this Agreement will operate to assign or transfer any intellectual property rights from Deckx to Customer. The Client warrants to Deckx that any data provided to Deckx will not infringe the Intellectual Property Rights or other legal rights of any person, and will not violate the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law or regulation. Customer grants Deckx a worldwide, non-exclusive license to use its trademarks, logos and other necessary intellectual property in any marketing or promotional materials including, but not limited to, on Deckx’s site.

3 Deckx Obligations
Deckx undertakes that the Services will be performed with reasonable care and care. This undertaking will not apply to any nonconformity which is caused by use of the Services contrary to Deckx’s instructions, or by modifications or alterations of the Services by any party other than Deckx or Deckx’s duly authorized contractors or agents. If the Services are not provided in accordance with the Agreement or are not provided with reasonable diligence and care, Deckx will use reasonable efforts to promptly correct any non-compliance. This constitutes the Customer’s sole and exclusive remedy for any breach of the foregoing undertaking set forth in this clause. To be clear, Deckx: does not warrant that Customer’s use of the Services will be uninterrupted or error-free; is not responsible for any delays, non-delivery, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communication facilities; will use reasonable efforts to maintain the availability of the Hosted Services for the Customer, but does not guarantee 100% availability; does not control the content posted on or through the Services and, in particular, does not control Customer Data and, as such, Deckx does not make or give any representations or warranties as to its accuracy, completeness, currency, correctness, reliability, integrity, usefulness, quality, fitness for purpose or originality of any such content or data; reserves the right to update or maintain the Hosted Services at any time.

4 Duration
This Agreement begins on the date you register with Deckx (the “Effective Date”) and continues unless: either party notifies the other of the termination, in writing; the Client terminates the Deckx account; terminated in accordance with the provisions of this Agreement. Upon termination or expiration of this Agreement, Deckx may destroy any Customer Data (as defined below).
All sections of this Agreement which by their nature should survive termination will do so.

5 Use of data

In this Agreement, “Customer Data” means any data, information, know-how, material or input uploaded to any software or transmitted through the Services by or for Customer and/or any authorized user . Customer owns all right, title and interest in Customer Data, as well as all data based on or derived from Customer Data and provided to Customer as part of the Services for the sole purpose of using the Services

and for the duration of this Agreement. The Client is solely responsible for the legality, reliability, integrity, accuracy and quality of the Client’s data. Deckx shall not be liable for any loss, destruction, alteration or disclosure of Client Data caused by third parties (except those third parties subcontracted by Deckx to perform services related to maintenance and back-up of Client Data). Notwithstanding anything to the contrary, Deckx and each Member of the Deckx Group shall have the right to collect, use, analyze or otherwise process (as defined by the Data Protection Laws) Client Data and other information relating to the supply, use and performance of the various aspects of the Services and related systems and technologies (including information regarding Client Data and data derived therefrom), and Deckx will be free (both during and after the term of this Agreement):
use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Deckx offerings; use such data in connection with its business, including the training of machine learning algorithms (on an aggregated and anonymous basis) and for any other data processing used by Deckx; disclose such data to third parties only (including a member of the Deckx Group) in the aggregate as reasonably necessary for the proper performance of its business functions.