General Terms and Conditions

Definitions

T&C: General Terms and Conditions
App: Mobile applications
Client: Employers, recruiters, or other business clients
Hard Skills: Professional competencies
Job Description: Job content
AI: Artificial Intelligence
MatchBased: MatchBased GmbH, Tödistrasse 21, 8810 Horgen
Platform: The website operated by MatchBased
Talent Profile: Information about the talent, preferences, and results from soft skills and hard skills assessments
Soft Skills: Personality traits and personal preferences regarding working conditions
Talents: Job seekers, applicants, and employees
Vacancies: Open job positions

1. Scope

MatchBased GmbH, a limited liability company based in Switzerland (hereinafter "MatchBased"), provides solutions for recruitment and personnel management. These General Terms and Conditions (T&C) apply to all products and services offered by MatchBased through its website (“Platform”) and mobile applications (“Apps”) for employers, recruiters, and other companies (“Clients”), as well as job seekers, applicants, and employees (“Talents”). They apply regardless of whether the services are accessed via the platform, apps, phone, or other means.

More information about us can be found on our website www.matchbased.co. For questions or concerns, please contact us at

These T&C apply to all contracts, services, and usage of the MatchBased platform and website.

2. Contract Formation and Agreement

By using the platform and MatchBased’s services, Clients and Talents unconditionally accept these T&C. Contracts for paid services are concluded upon acceptance of the T&C and completion of the order process. Payments are due immediately unless otherwise agreed.

Clients must create an account to use free or paid services. Registration requires providing specific personal information for identification purposes. Users (clients and talents) must be at least 16 years old. MatchBased may request proof of age, such as a copy of an ID.

Contract

By using the platform and the services provided by MatchBased, you acknowledge the following contractual documents as binding:

‭• These General Terms and Conditions.
‭• Our Privacy Policy.
‭• Our Cookie Policy.

The T&C, Privacy Policy, and Cookie Policy form an integral part of the contractual relationship between you and MatchBased.

3. Data Protection and Data Usage

Protecting your data is important to us. Personal data is processed in accordance with applicable laws and our privacy policies. MatchBased handles personal data in compliance with applicable data protection laws (CH-DSG, EU-GDPR). Users agree that anonymized data may be used for analysis, product development, and AI training. Further details are available in our Privacy Policy.

Users must not upload sensitive documents (e.g., ID cards or criminal record extracts). MatchBased reserves the right to conduct sample checks and delete data without prior notice.
MatchBased reserves the right to use anonymized data for analysis and development purposes.

4. Product Development

MatchBased reserves the right to further develop products, test new features, and modify or discontinue existing services.

5. Liability

MatchBased cannot be held liable for any incorrect or incomplete information.

MatchBased serves solely as a technological matchmaking platform. MatchBased is neither a contracting party to the agreements concluded between users nor involved in the fulfillment of any resulting obligations.

MatchBased assumes no liability for legal consequences arising from interactions, matchmaking, or any contractual relationships between clients and talents. In particular, MatchBased is not liable for claims, disputes, or legal obligations arising from the formation, structuring, or execution of an employment relationship or other agreements between clients and talents. The responsibility for all legal and contractual aspects lies solely with the parties involved.

MatchBased assumes no liability for legal consequences or other claims resulting from the outcomes of conducted soft-skill or hard-skill tests. In particular, MatchBased is not liable for decisions, actions, or omissions based on test results, nor for their accuracy, completeness, or suitability for specific purposes. The responsibility for interpreting and utilizing the test results lies solely with the parties involved.

MatchBased assumes no liability for the content of external websites or resources linked on the platform. The operators of the linked sites are solely responsible for their content. If MatchBased becomes aware of any legal violations, such links will be removed immediately.

We emphasize that the talent or client is solely responsible for the information they provide on the platform. The information provided on the platform is in no way to be understood as guarantees or assurances from MatchBased. MatchBased assumes no liability for incorrect or inaccurate information provided by talents or business customers.

MatchBased makes all reasonable efforts to prevent fraudulent use of its platform. However, MatchBased cannot be held liable for any improper use of the platform by talents or client unless there is gross misconduct on its part.

To the extent permitted by law, MatchBased excludes all liability, including liability for auxiliary persons and for slight negligence. MatchBased is only liable for damages caused by intent or gross negligence. MatchBased assumes no liability for third-party content or technical disruptions.

6. Indemnification

You agree to indemnify, defend, and hold harmless MatchBased and its affiliated companies, officers, employees, and representatives from any liability, losses, damages, or costs, including reasonable attorney’s fees, arising in connection with or as a result of claims, demands, lawsuits, disputes, or third-party claims made against them due to or in connection with your content, your use of the website or app and services, or any misconduct on your part.

7. Intellectual Property

All rights to the platform, products, and content remain with MatchBased. You are prohibited from:

‭• Copying, modifying, distributing, or renting the platform.
‭• Accessing or modifying source code.
‭• Using scripts to monitor or extract data from the platform.
‭• Using MatchBased trademarks without permission.

8. Specific Provisions for Clients

The provisions of this section govern the specific rights and obligations of clients when using the platform or app to create and manage vacancies and to utilize the offered services. These provisions apply in addition to and without prejudice to the general rights and obligations set out above.

In the event of any contradictions between the provisions of this section and the general rights and obligations set out above, the provisions of this section shall take precedence insofar as they relate to the use of the platform or app by business customers.

Registration and Use

Requests from clients for registration on the platform are validated by MatchBased. Clients who are not approved by MatchBased cannot use the services. MatchBased reserves the right to refuse a user’s registration and access to the services without providing any reasons.

Contract Formation and Agreement

Clients agree to the General Terms and Conditions (T&C). Contracts for paid services are concluded upon acceptance of the General Terms and Conditions and completion of the ordering process. Payments are due immediately unless otherwise agreed.

Services Provided by MatchBased

Vacancies and Matching

Through the MatchBased platform, clients can create, manage, and track vacancies. When creating a vacancy, details about the position, talent preferences, and desired soft skills can be specified.

Additionally, clients can create a hard-skills questionnaire. Artificial intelligence generates a questionnaire based on various factors and the desired hard skills, which can be individually customized.

Vacancies can be published on MatchBased’s platforms and shared via a copyable link on the clients's website.

MatchBased matches talent profiles to the content of the respective vacancies, displaying the match as a percentage along with detailed information about the talent profiles that have either applied or have been suggested to the client by MatchBased (validated talents).

Company Profiles

Clients can create a company profile to provide additional information for matching purposes and to display to talents.

Rights and Responsibilities of Business Clients

It is the sole responsibility of the client to provide clear, correct, and complete information about their company and the vacancies they create. In case of failure by the clients, MatchBased cannot be held liable.Clients are responsible for the content of their vacancies. Vacancies must be legally sound and must not infringe on the rights of third parties. If MatchBased believes there has been a violation, MatchBased reserves the right to remove vacancies and block access.

Contract Duration and Termination

Free Services

The services of MatchBased may be offered for free as part of trial versions. These trial versions can be adjusted or terminated by MatchBased at any time.

Paid Services

All services listed under the section "Services provided by MatchBased" may be subject to charges.

Termination

Subscriptions are concluded for a fixed term and cannot be terminated early. Unless expressly agreed otherwise, subscriptions are concluded for a fixed term of 12 months and can be terminated with a notice period of one month before the end of the term. Otherwise, the subscriptions will automatically renew for an additional 12 months.Termination of subscriptions is possible in accordance with the agreed notice period at the end of the respective term. Payments already made will not be refunded.

Prices and Payment Methods

MatchBased offers various pricing models, which can be found under the "Prices" section on www.matchbased.co.

Currency and taxes are indicated in EURO or Swiss Francs and include VAT for transactions within Switzerland. Services provided in EURO within the EU are subject to the Reverse Charge procedure. For transactions outside Switzerland and the EU, the respective country's tax regulations apply.
MatchBased reserves the right to change its prices. However, this does not affect subscriptions that have been entered into for a specific duration. Changes will only take effect at the end of the subscription term (upon renewal).

The available payment methods will be displayed during the purchase process on the platform.

Payment Processing

In the case of an invoice, the business client will receive a statement and/or an invoice via email and/or through the platform detailing the amounts payable to MatchBased. Payment is due within 30 days from the invoice date.

9. Specific Regulations for Talents

The provisions of this section govern the specific rights and responsibilities of talents when using the platform or app for job search, application, and career planning. This is in addition to, and without prejudice to, the general rights and responsibilities set out above.

In the event of any conflicts between the provisions of this section and the general rights and responsibilities mentioned above, the regulations in this section shall take precedence insofar as they relate to the use of the platform or app by talents.

Account Registration

Talents can create a free account by providing a valid email address and a password. By creating an account, talents can gain access to additional features such as creating, editing, and managing applications, creating or viewing their profile, and receiving suggested vacancies. Talents must be at least 16 years old. MatchBased may request proof of the minimum age at any time, such as a copy of an ID.

By creating an account and using the platform, you unconditionally agree to these terms and conditions and commit to using the platform exclusively for its intended purpose, while always complying with these terms and conditions as well as applicable legal regulations.

Use with Account

Talents can access the following services if available:

‭• Access to job offers and company profiles.
‭• Personalized search and notification services.
‭• Submission of applications for specific vacancies through the platform. This requires that the pricing model chosen by the client has not reached the limit of the number of validated talents.
‭• View the matching percentage of vacancies related to a particular application.
‭• Conducting a soft skills assessment.
‭• Conducting a hard skills assessment related to a specific vacancy.

Use Without an Account

Currently, no services can be used without an account.

Rights and Responsibilities of Talents

Illegal Content

Talents can report illegal content through the provided contact channels. MatchBased will review these reports and reserves the right to remove content or suspend accounts. Users will be informed about decisions and legal remedies.

Costs

Most of MatchBased's services are free. Paid services will be clearly marked, and talents must agree to the costs before using them.

Responsibilities of Talents

Talents are required to provide all information truthfully and completely.
Access data must be kept secure and may not be shared with others.

Contract Duration and Termination

These terms and conditions apply for the duration of the use. Talents can delete their account at any time. Data will be deleted or anonymized unless there are legal retention obligations.

10. General Final Provisions

Changes to the General Terms and Conditions

MatchBased may change or adjust these terms and conditions at any time.MatchBased will publish the amended version on the website and platform and will inform its clients and talents via email, a pop-up window, or another method of its choice about the new terms. If clients or talents disagree with the changes, they may terminate the contract by discontinuing use of the platform with immediate effect (subject to the applicable term for subscriptions). If clients or talents continue to use the website or platform, the current version of the terms and conditions will be deemed accepted.

Applicable Law and Jurisdiction

These terms and conditions are governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules of international private law. The jurisdiction is Zurich, Zurich 1.

Horgen, March 2025