General terms
1. The following terms and conditions apply to all Users who access or use the Platform, or otherwise indicate their acceptance to these Terms.
2. www.challengerocket.com is owned and operated by ChallengeRocket Sp. z o.o. (Poland) and is made available to you on the following Terms and Conditions.
3. By using the Platform and the Services available on it you are deemed to accept these Terms and Conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.
4. Platform is operated by ChallengeRocket Sp. z o.o. („We”, „Our”, „Us” or „ChallengeRocket”) headquartered in Rzeszow (Poland) entered in the Register of Entrepreneurs of the National Court Register under no. 0000638669.
5. You can contact ChallengeRocket in many ways, by:
More details
here.
6. Users can be natural persons who are over 18 years and have full legal capacity, legal persons and organizational units without legal personality but who can acquire rights and incur liabilities on their own behalf.
7. Users can be people who are 13 years old but under 18 years old to the extent that they can acquire rights and incur liabilities in accordance with the provisions of generally applicable law. If You're under 13, You must ask your parents or legal guardians for permission to use Platform before registering and sending any information about yourself. Due to EU personal data protection regulations, ChallengeRocket has the right to verify the age of User.
8. User represents and warrants that the person acting for it and, on its behalf, who uses the Services/ Platform and/or accepts the Terms, is duly empowered to represent the User and enter into binding agreement/s, especially Services agreement on its behalf.
9. In order to use Platform, it is required to have a device with a web browser installed, the configuration of which allows the User to access Website, open HTML documents, accept and use cookies, and connect the end device to the Internet. Additional requirements may be described in Description of Services and/or in Services.
10. ChallengeRocket does not charge for the use of the Platform – unless otherwise stated.
Information on prices of paid Services can be found in the “
Pricing” tab. If any promotions and vouchers will be applied, they cannot be exchanged for cash or other forms of payment.
11. Users are responsible for all fees, including taxes related to the use of paid Platform Services.
ChallengeRocket is not a party to agreements concluded between Users. Users are solely responsible for the performance of agreements that they have concluded.
12. Use of any automated system or software operated by a third party, to extract data from the Platform (ex. screen scraping or crawling) is prohibited.
13. ChallengeRocket reserves the right to take such action as it considers necessary in relation to any unauthorized use of the Platform. We reserve the right at all times (but will not have any obligation) to terminate Users, and reclaim usernames or URLs, for any reason.
User content
1. Some parts of the Platform may allow Users to post content like job ads, resumes, information, text, images, messages, challenges or other materials. Such functionality is designed to help Users obtain career and company information, to let Users know of jobs, challenges to provide information about potential job candidates, participants and facilitate other communication.
2. Please by advice that user content may be inaccurate, incomplete, misleading or deceptive.
3. We do not allow post the following content:
- stored or transmitted in an illegal manner;
- containing information offensive to a person or group on the basis of religion, skin colour;
- ethnic origin, gender, sexual orientation, age or disability;
- containing vulgar or obscene language;
- promoting violence or pornography;
- containing computer viruses;
- containing spam, "chain letters" or unsolicited commercial advertisement;
- revealing personal information to third parties.
3. We may monitor User content and reserves the right to delete any User content or portion thereof that, in ChallengesRocket’s sole discretion, violates the above rules.
4. If you believe that User content violates this Terms and Conditions or our policies, please contact us so that we may have the opportunity to consider its removal.
5. We reserve the right to disclose all User content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Platform to protect itself, its affiliates, its partners and its visitors or to comply with legal obligations or governmental requests.
6. Without limiting we reserve the right to remove any job ad or challenge that directly or indirectly discriminates against job candidates or participants.
License
1. Subject to all limitations and restrictions, after conclusion of the Services Agreement the ChallengeRocket grants User software as a service (‘SaaS’), nonexclusive, and non-transferable right to access to the Platform as hosted by the ChallengeRocket.
2. The User will have a limited right and license to use the Platform solely for its internal business purposes (Employer/Organizer) or personal purposes (other Users), to make use of the services in compliance with their purposes.
3. To the extent permitted by law, User grants us a nonexclusive, fully paid-free, transferable, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User’s content post or submit, for the purpose of publishing material on the Platform, maintaining the Platform and promoting it without restriction.
4. You understand that no compensation in any form shall be due or payable to you in connection with ChallengeRocket’s exercise of its rights under the license granted.
5. Furthermore, you grant to ChallengeRocket a license to use your name, username, and/or trademarks and logos in connection with any:
- user content;
- ChallengeRocket marketing materials containing or incorporating such content;
- actions by ChallengeRocket to promote or publicize such User content including without limitation the use of keywords in third-party internet search engines.
6. If You publish content on the Platform You warrant that:
- You own the content (or you have the appropriate license) that you submit, post, display, or otherwise make available on or through the Platform;
- such content, and its submission, posting, display or availability on or through the Platform does not violate applicable law or the privacy rights;
- such submission, posting, display or availability on or through the Platform does not result in any breach of contract between you and any third party;
- You take full responsibility for Your content.
Ownership
1. User irrevocably acknowledges that, subject to the licenses granted herein, the User has no ownership interest in the Platform or ChallengeRocket’s materials made available to the User. ChallengeRocket reserves all rights not specifically granted herein.
2. ChallengeRocket’s and the User’s trademarks, trade names, service marks, and logos, whether or not registered, are the sole and exclusive property of the respective owning party, which owns all right, title and interest therein.
3. ChallengeRocket may:
- use the User’s name and/or logo within product literature, press release(s), social media, and other marketing materials;
- quote the User's statements in one or more press releases;
- and/or make such other use of the User's name and/or logo as may be agreed between the parties.
4. Additionally, ChallengeRocket may include User’s name and/or logo within its list of clients for general promotional purposes.
5. The ChallengeRocket shall comply with User’s trademark use guidelines as such are communicated to us in writing and the ChallengeRocket shall use the User’s marks in a manner which is consistent with industry practice. Neither party grants to the other any title, interest or other right in any marks except as provided in this Section.
Availability
1. Platform services are provided on 24/7.
2. ChallengeRocket provides the Platform “as is” and “as available,” without warranty of any kind but we make every effort to ensure that the Platform is provided at the highest level.
3. However, we do not exclude the possibility of temporary suspension of the Services availability in case of maintenance, review, replacement of equipment or in connection with the upgrade or expansion thereof. We, to the widest extent permitted by law, are not liable for any disruptions, including interruptions, Platform operation caused by force majeure, unlawful actions of User, third parties or incompatibilities with the Users technical infrastructure.
4. To be able to use the Platform it is necessary to connect to the Internet and a web browser that allows displaying HTML documents available on the Internet via a WWW service on the User's end device.
5. ChallengeRocket reserves the right to extend the forms of service provision, e.g. via a mobile application.
6. Browsing the content of Platform does not require registration.
7. To be able to fully use the services of the Platform, registration is required.
8. In order to register, the User completes the registration form.
9. The registration of a legal person and an organizational unit without legal personality may be made by a person who is authorized to perform all activities related to the Terms on its behalf.
10. After registering, the User gains access to the Account.
11. Registration can also be made using a User’s account on an external platform, e.g. Facebook, Google or GitHub etc.
12. ChallengeRocket is not responsible for the actual identity of the User. The User is fully responsible for all data provided during registration.
13. ChallengeRocket has the right (but not the obligation) to suspend access to the Platform or remove any data or content transmitted via the Platform without liability:
- if We reasonably believes that the Platform is being used in violation of these Terms or applicable law;
- if User is delinquent on a payment of Services Fee;
- if requested by a law enforcement or government agency or otherwise to comply with applicable law, provided that ChallangeRocket shall use commercially reasonable efforts to notify User prior to suspending the access to the Platform as permitted under these Terms;
- or as otherwise specified in these Terms.
Obligations
1. All Platform Users agree do not:
- transmit, post, distribute, store or destroy material in violation of any applicable law or regulation;
- violate or attempt to violate the security of the Platform including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- aggregate, copy or duplicate in any manner any of the Platform content or information available from any Platform site, including expired job/challenge postings, other than as permitted by these Terms;
- frame or link to any Platform Content or information available from any Platform site, unless permitted by these Terms;
- post any resume/job ad/challenge or profile on behalf of another party;
- share with a third party any authorization data to the Platform;
- post or submit any incomplete, false or inaccurate biographical information or information which is not User’s own;
- post any content which attempts to advertise or promote products or services.
Limitation of liability
1. Any and all software, services, confidential information and any other technology or materials provided by ChallengeRocket to the User are provided “as is” and without warranty of any kind except as otherwise expressly stated in these Terms.
2. ChallengeRocket makes no other warranties, express or implied, including express or implied warranties of merchantability, fitness for a particular purpose, and noninfringement neither ChallengeRocket (nor any of its subsidiaries, affiliates, suppliers or licensors) warrants or represents that the Platform or services will be uninterrupted, error-free, or secure.
3. Users acknowledge that there are risks inherent in internet connectivity that could result in the loss of User’s privacy, data, confidential information or property.
4. To the maximum extent permitted by applicable law, ChallengeRocket will has no liability for any claim of infringement based on:
- User’s use of the Services or the Platform in conjunction with data where use with such data gave rise to the infringement claim;
- User’s use of the Services or the Platform outside the permitted scope of these Terms or the purpose of the Services and the Platform;
- lack of continuous availability of the Services or the Platform not caused by the ChallengeRocket;
- incorrect use of the of the Services or the Platform;
- infringement of provisions of these Terms by the User;
- force Majeure, disasters;
- external factors and third parties activities outside the ChallengeRocket control, which could not be prevented (e.g. breakdowns hardware or software in networks of telecommunications operators, mobile phone networks, etc.);
- use of authorization data provided to the User in order to access the Platform;
- disconnection of servers during a hacker attack;
- activities performed contrary to the description, help, technical support instructions or recommendations which are provided by technical support or displayed automatically in the Services or by the Platform;
- User’s content;
- unfinished elements of Services or the Platform (especially marked as beta), or elements that are being withdrawn from operation.
5. To the maximum extent permitted by applicable law, in no event will ChallengeRocket be liable under any theory of liability, whether in an equitable, legal, or common law action arising hereunder for contract, strict liability, indemnity, tort (including negligence), attorneys fees and costs, or otherwise, for damages which, in the aggregate, exceed the amount of the Fee paid by User for the Services (if applicable) which gave rise to such damages.
6. To the maximum extent permitted by applicable law, in no event will ChallengeRocket be liable for any special, incidental, indirect, exemplary, punitive, or consequential damages of any kind and however caused including, but not limited to, attorneys fees and costs, business interruption or loss of profits, business opportunities, or goodwill.
7. The foregoing limitations apply even if notified of the possibility of such damage and notwithstanding the failure of essential purpose of any remedy.
8. User agrees to defend, indemnify, and hold ChallengeRocket and its officers, directors, employees, consultants, and agents harmless from and against any and all damages, costs, liabilities, expenses (including, without limitation, reasonable attorneys’ fees), and settlement amounts incurred in connection with any claim arising from or relating to User:
- breach of any of its obligations set forth in the Terms;
- actual or alleged use of the Service or the Platform in violation of these Terms or applicable law by User;
- any actual or alleged infringement or misappropriation of third-party intellectual property rights arising from data provided to ChallengeRocket by the User or otherwise inputted into the Platform, whether by the User or otherwise;
- any violation by User of any terms, conditions, agreements or policies of any third-party service provider.
Complaints
1. In the case of improper quality of services or the Platform, User is entitled to submit a complaint by sending an e-mail on address
office@challengerocket.com.
2. The complaint should contain:
- User's identification and contact details (ex. Name, surname, e-mail address, and in the case of Users who are not natural persons - business name);
- brief description of the comments and objections.
3. Complaints are processed immediately, no later than within 30 days.
Personal Data Protection
1. Each User has the right to protect his privacy by the ChallengeRocket.
2. The rules governing the processing of User’s personal data by the ChallengeRocket are set out in the
Privacy Policy.
Miscellaneous
1. The User may not assign the Services Agreement/Terms or otherwise transfer any license created hereunder whether by operation of law, change of control, or in any other manner, without a prior consent of the ChallengeRocket. Any purported assignment of these the Services Agreement/Terms, or any license or rights in violation of this Section will be deemed void. ChallengeRocket may assign, in whole or in part, its rights, interests, and obligations hereunder without limitation.
2. Both parties (ChallengeRocket and Users) agree to comply with all applicable laws, regulations, and ordinances relating to such party’s performance under these Terms.
3. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
4. Each provision of these Terms is a separately enforceable provision. If any provision of these Terms is determined to be or becomes unenforceable or illegal, such provision will be reformed to the minimum extent necessary in order for these Terms to remain in effect in accordance with its terms as modified by such reformation.
5. ChallengeRocket is an independent contractor and nothing in these Terms will be deemed to make ChallengeRocket an agent, employee, partner, or joint venture of User.
6. Neither party will have authority to bind, commit, or otherwise obligate the other party in any manner whatsoever – unless the parties agree otherwise.
7. Price and availability of any Services are subject to change without any notice.
8. Updated price and information about availability will be made available on the Platform Site. If the User does not accept the changes, he has the right to terminate the Agreement for the provision of services immediately or, in the case of paid services, after the period that has been paid.
9. Terms may be changed from time to time by ChallengeRocket. The updated text of the Terms will be made available on the Platform Site. If the User does not accept the changes, he has the right to terminate the Agreement for the provision of services immediately or, in the case of paid services, after the period that has been paid.
10. The laws of the Republic of Poland govern the interpretation of these Terms, regardless of conflict of laws principles. Rzeszow (Poland) courts shall have exclusive jurisdiction for any dispute arising hereunder, out of, or in relation to these Terms.
11. Certain areas of the Platform are subject to additional Terms.
12. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
Additional Terms of Service to Job Seekers/Challengers/Participant
1. ChallengeRocket does not charge any fees for using the Platform from Users who use the Platform to participate in published challenges or recruitment processes.
2. Users may at any time opt out of using the Platform by closing his account, which results in termination of the Agreement immediately. However, in this situation, User remains liable to ChallengeRocket and other Users for posted content and other liabilities arising prior to the liquidation of the account.
3. Please be advised that we cannot confirm the accuracy or completeness of any job or challenge ad or other information posted by another User, including the identity of such User.
4. ChallengeRocket assumes no responsibility, and disclaims all liability for the content, completeness, legality, reliability, or availability of any posted job or challenge ad.
Applying to Job/Challenge via Platform
1. Users via platform can apply to posted job offers/challenges.
2. By using the “apply", User expresses his interest in participating in a challenge or recruitment process. User sends his resume/application and information regarding the application to the potential Employer/Organizer via Platform.
3. If you require alternative methods of screening or application you must approach the potential Employer/Organizer directly to request such as ChallengeRocket is not responsible for the Employer/Organizer application process.
4. In terms of recruitment/challenges, the conditions of the Employer/Organizer will apply.
Recommended job/challenge ad
1. By creating a resume or applying for a job or responding to challenges via Platform, User is requesting and authorizing ChallengeRocket to make available his resume or his profile to third parties, such as potential Employers or Organizers of challenges, that we believe may have an interest in User’s resume.
2. We create a User Profile based on account data, including account data, documents saved, and data collected based on the User's activity on the Platform, e.g. what offers or challenges the User applies to.
3. We compare your profile with the expectations of potential Employers or Organizers in order to recommend it to those who are the most appropriate and potentially meet the criteria set by you.
4. We can also provide a profile without matching, allowing the potential Employer or the Organizer to decide for himself whether to include a given User in the recruitment or challenge process.
5. We can also verify your profile ourselves and contact you in order to clarify your needs.
6. We may automatically send you recommended jobs/challenges via Platform or the email address you use to create a Platform account or apply to a job/challenge.
7. We may determine what these recommended jobs/challenges are on the basis of a variety of factors, including but not limited to, any information you input on the Platform about yourself, searches you run on the Platform, jobs/challenges you click on, jobs/challenges you apply to, or the materials you provide in a job/challenges application via Platform.
Platform Skill Challenge
1. Platform Skill Challenge is an online tool for the provision and review of skills selected by ChallengeRocket/Employers/Organizers and responses from candidates/participants via Platform. ChallengeRocket/Employers/Organizers may use Platform Skill Challenge to send or share your challenge, to which you may provide responses.
2. After you provide a response, the ChallengeRocket/Employers/Organizers will be able to use the Platform Skill Challenge to review the response.
3. Platform Skill Challenge only evaluates a particular skill. It does not evaluate a candidates’/participants’ qualification.
4. Responding to a job or challenge ad does not guarantee a job or prize. An Employer/Organizer is the sole party to determine whether a response indicates a qualified potential employee/winner.
5. Provisions of Terms and Conditions apply to all system modules including Job ads and Challenges.
Each prized Challenge may additionally define its own Rules - in particular it may clarify Challenge eligibility criteria for participants, prizes and winner selection process.
6. If not stated otherwise all registered users who are at least the age of majority where they reside at the time of entry may take part in platform Challenges.
7. In innovation challenges the Judges will score all eligible submissions using the equally weighted criteria as defined by the Rules of the Challenge.
8. In Code Challenges the winner is an eligible Participant who will solve all assignments with the highest number of points unless stated otherwise by the Rules of the Challenge.
9. In case of two or more Participants achieving the same score the Participant's place is determined by the shortest submission time calculated as the time that passed from the moment of announcing the Challenge to the time of submitting all code assignments by Participant unless stated otherwise in the Challenge Rules.
Additional Terms of Service to Employers/Organizers
1. The following Terms and Conditions apply to all Employers/Organizers and other users who access or use the Platform as intended for individuals and/or organizations seeking to make available information regarding employment, challenges openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement.
2. As an Employer/Organizer, your account is for business use and not for personal use.
3. Services provided for the Employer/Organizer are payable under the conditions specified in the “
Pricing” tab.
4. ChallengeRocket may use trial and free access to the Platform. After the trial period, the conditions indicated in the price list will apply.
Employer/Organizer agrees to comply with all applicable laws, regulations, and ordinances relating to Terms.
5. Employer/Organizer shall ensure that each activity of the User for which the Services and the Platform are engaged contains or is linked to legally binding terms and a privacy policy that governs its data collection and use practices.
Employer/Organizer Services including Apply and Platform Skill Challenge
1. When you use Platform candidate/participant management tools, or by activating the “apply” function for your job or challenge ad listings, you acknowledge and agree that ChallengeRocket may make available functions allowing you to take actions regarding the potential candidates’ or participants’, such as tools for setting up an interview, viewing a resume and rejecting a candidate/participant.
2. You agree that by using such candidate/participant management tools, you are instructing ChallengeRocket to assemble the candidates’/participants’ application materials, resume, answers to screener questions, assessment responses and other information you provide to ChallengeRocket into one document.
3. You are responsible for the contents of your emails, application form, challenge tasks, organization resume that you create, any job or challenge ad that you post.
4. You also have access to Skill Challenge. Platform Skill Challenge is an online tool for the provision and review of skills of your potential candidates’/participants’.
5. You may use the Platform Skill Challenge to send your challenge, to which you may provide responses. After you provide a response, you will be able to use the Platform Skill Challenge to review the response.
6. Platform Skill Challenge only evaluates a particular skill. It does not evaluate a candidates’/participants’ qualification.
Challenge terms and conditions
1. Please note that when publishing a challenge, the Organizer is obliged to clearly and precisely formulate the terms and conditions for the challenge.
2. The Organizer should specify:
- general information e.g. Organizer details, purpose of the challenge;
- conditions for participation;
- conditions of competition;
- prizes and awards (if provided);
- intellectual property rights to the competition work (if the Organizer would like to guarantee the right to use the challenge work);
- the way of complaint.
3. The Organizer is fully responsible for the conditions provided. ChallengeRocket is not responsible for the terms and quality of the challenge provided by the Organizer.
Candidate/Participant match
1. ChallengeRocket may use candidates’/participants’ application materials (including resumes and responses to Platform Skill Challenges) and the recency of their activity on Platform to determine whether the words of their resume and answers to Skill Challenges match the words of your job listing or challenge, and vice-versa.
2. You further agree and consent that ChallengeRocket may differentiate those matching resumes and Skill Challenges responses from those that do not match and present them to you as matches or not matches. ChallengeRocket may also use such information in order to improve the Platform or any other ChallengeRocket product or service.
Organization/Job or challenge ad Site
1. When you post a job or challenge ad directly on Platform or submit a request for a landing page on Platform, Platform automatically generates for you a public job or challenge ad Site.
2. You agree that you are solely responsible for any content you edit or put on job or challenge ad Site, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on the Organization/job or challenge ad Site.
Entrustment agreement of personal data processing
1. If the Regulation (EU) 2016/679 of the European Parliament ad of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”) will apply, we conclude that Employer/Organizer as the data controller of the personal data of individuals introduced to the Services and Platform such as personal data of the potential employees, associates, contractors, participants by acceptance of Terms, entrusts the ChallengeRocket with processing of such personal data shared with the ChallengeRocket to ensure the provision of the Service for its duration and in the scope of storage, preservation, processing and sharing in accordance to the functionalities of the Services.
2. Terms in the scope of entrusting the data processing constitute the entrustment of data processing agreement between the Employer/Organizer as the data controller and ChallengeRocket as the data processor and documented instruction from the data controller referred to in Article 28 of the GDPR.
3. ChallengeRocket as the processor:
- ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- takes all measures required pursuant to Article 32 of the GDPR;
- respects the conditions referred to in paragraphs Article 28 (2) and (4) of the GDPR for engaging another processor provided that the controller expresses general consent for the ChallengeRocket to use services of other processors;
- taking into account the nature of the processing, assists the controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR;
- assists the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of processing and the information available to the processor;
- deletes all the personal data to the controller after the end of the provision of Services relating to processing, and deletes existing copies unless law requires storage of the personal data;
- makes available to the controller all information necessary to demonstrate compliance with the obligations for the lawful processing of personal data and enables the controller or the auditor authorized by the controller to carry out audits, including inspections, and contributes to them.
4. ChallengeRocket may charge a fee (based on reasonable ChallengeRocket’s costs) for each review of the ChallengeRocket’s data protection policy and/or audit.
5. ChallengeRocket will provide the controller with additional details of any applicable fees and the basis for their calculation, before such a review or audit. The controller will be responsible for all fees charged by the auditor appointed by the controller in order to perform such an audit.
6. ChallengeRocket is liable towards the controller for damages caused by processing of entrusted personal data of the controller only when the ChallengeRocket has not fulfilled the obligations that the GDPR imposes directly on ChallengeRocket, or if the ChallengeRocket acted outside the lawful instructions of the controller or contrary to these instructions.
7. ChallengeRocket’s liability shall be limited to the amount of a monthly Services Fee or the proportional equivalent of a monthly Services Fee or the actually charged Services Fee (whichever is lower) – if the Services Order determines different payment terms.