Calyptus – Platform Terms of Use

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The following terms (Terms of Use) apply to your use of ourweb-based learning and employment platform located at www.calyptus.co (Platform).

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Please read the Terms of Use carefully. By using our Platform or byclicking “I accept the terms of use” when logging in to the Platform youconfirm that you agree to these Terms of Use (as amended from time to time). If,for any reason, you do not agree to these Terms of Use, you must not use thePlatform. We recommend that you print a copy of these Terms of Use for futurereference.

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About Us

The Platform is operated by Calyptus Limited (referred to in theseTerms of Use as Calyptus, we, us or our) which is acompany registered in England and Wales, whose registered number is 13822106and whose registered address is 71-75 Shelton Street, Covent Garden, LondonWC2H 9JQ.

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Should you have any questions about these Terms of Use, or wish tocontact us, please email us at info@calyptus.co.

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Who you are

The Platform is a professional community platform offeringeducational and training services to technical professionals and connectingthem to companies who are looking to hire talent. References to you and yourare to you, the business user (being either an individual acting in thecourse or in relation to your business, trade or profession or an incorporatedentity) using the Platform or in the case of a corporate entity, the User (asdefined within the Platform Subscription Agreement).

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You must be at least 18 years of age to use the Platform andregister for an account and, by registering, you warrant (i.e. promise) thatthis is the case.

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The Platform Functions

The Platform provides members with a professional community platform offering networking and recruitment opportunities as well as educational andtraining services. The Platform Functions include those which allow registered users of the Platform (Members) to:

• create a customisable professional profile;
• access a library of educational and training videos, content, projects and other resources;
• participate in training in programming languages (including access to written programme materials and assessments to track progress),
• visit external resources
• join live Q&A sessions/industry events with ecosystem participants;
• access support services with regards to CV, interview& GitHub help;
• share their contact details and post other information such as their open-source software contributions or projects;
• complete skills assessments;
• verify prior work experience through social verification of ex-colleague;
• verify technical skills through social verification of ex-colleague;
• build an on-chain resume that can be used outside of the Calyptus platform;
• message (and receive messages from) from Calyptus’s Employer Partners  

The list above is not an exhaustive list of the Platform Functions and we may decide to offer additionalPlatform Functions or cease to provide any Platform Functions, at any time.

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Uploading Content

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Calyptus provides users with the option to publicly share their profile on external platforms or via direct links. By choosing to share their profile publicly, users acknowledge that any information included in their profile (including but not limited to personal and professional data, skills, projects, and experience) will be visible to anyone with access to the shared link or external platform. User profiles cannot be shared publicly without the users explicit action to do so, making Users solely responsible for managing and controlling the visibility of their profile and should ensure that any shared information complies with applicable laws and regulations.

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Some of the Platform Functions may entitle (or require) you to upload/post text, photos, comments, and/or other materials (together the Member Content) using the upload interfaces provided.

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You are solely responsible for ensuring that you have all the necessary rights to all Member Content you upload and post to/via the Platform, including without limitation all rights required to enable access to the Member Content by other users of the Platform.You hereby grant to us a royalty-free, worldwide, irrevocable licence inperpetuity to host and store your Member Content via the Platform and to make available your Member Content to Calyptus and Calyptus’ Employer Partners.

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You shall not upload any MemberContent that is objectionable or unlawful, including if it

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(a) contains defamatory, libellous, slanderous, profane, misleading, threatening, abusive, violent, obscene, unlawful, pornographic, or otherwise objectionable material;

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(b) advocates bigotry, hatred, or illegal discrimination;

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c) violates any law, any intellectual property, publicity, privacy, or other personal or proprietary right of others, or any licence or other agreement by which you are bound; (

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d)is deceptive or fraudulent; or

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(e) promotes the use or sale of illegal orregulated substances, tobacco products, ammunition and/or firearms.

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We have the right (but not the obligation) to moderate all Member Content and ultimately decide whether or not to post or remove Member Content to the extent such MemberContent includes, is in conjunction with, or is alongside any objectionable material as described above.

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As between us and you, the MemberContent is and will remain owned and controlled solely by you and you acknowledge that you have sole responsibility for the Member Content. If you see any Member Content on the Platform that is inappropriate, please report it to us at info@calyptus.co.

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IntellectualProperty

You acknowledge that the Platform and all material published on the Platform including but not limited to text, graphics, photos, logos, button icons, images, trademarks, audio and audio visual clips, databases, data compilations, data and software (but excluding any Member Content) (the Platform Content) is owned and controlled by or licensed to us. You may not copy, adapt, display, communicate to the public orother wise use any Platform Content except as enabled and permitted by thePlatform Functions from time to time.  

Your use of the Platform

To use, and when using, the Platform, you will:

•  create a user account and password and provide a valid email address and any other piece of information deemed necessary as part of Calyptus’ security procedures and required to enable us to administer the Platform and user account;   
• keep a secure password for use of the Platform, which you shall change frequently and keep confidential;    
• only use information made available through the Platform for the purposes of internal or personal research, analysis, reporting and in respect of your/your employer’s(as applicable) business operations; and   
• use all reasonable endeavours to prevent any unauthorised access to, or use of, thePlatform and/or the information or data contained within the Platform (Data)and, in the event of any such unauthorised access or use, promptly notify us.

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Prohibited uses of the Platform

You may use the Platform and Data only for lawful and internal purposes. You shall not use the Platform or the Data for any other purpose.  In particular, in using thePlatform you shall not:

•  copy, modify, create derivative works of, make available or distribute, publicly perform, or display any part of the Platform (including by incorporation into products), or use the Platform to develop any service or product that is the same as (or substantially similar to) it;
• sell, license, lease, assign, transfer, pledge, rent, sublicense, or share your/your employer’s rights to use the Platform with any third party (including but not limited to offering the Platform as part of a time-sharing, outsourcing or service bureau environment);
• use any“open source” or “copyleft software” in a manner that would require Calyptus to disclose the source code of the Platform to any third party;
•  disclose, share, publish or otherwise make available any Data;
• disassemble, decompile, decrypt, reverse engineer, extract, or otherwise attempt to discover the Platform’s source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms);
• use any intellectual property owned or licensed by us without our prior approval or infringe or violate the rights of any other person (including intellectual property rights, privacy rights or any other rights);
• remove or alter any trademarks or other proprietary right notices displayed on or in thePlatform;
• circumvent, disable or otherwise interfere with security-related features of the Platform or features that enforce use limitations;
• attempt to obtain, or assist unauthorised third parties in obtaining, access to thePlatform and/or the Data contained in the Platform;  
• export, make available or use the Platform in any manner prohibited by applicable laws; and/or
•  store or transmit any malicious code (i.e., software viruses, Trojan horses, worms, robots, malware,
• spyware or other computer instructions, devices, or techniques that erase data or programming, infect, disrupt, damage, disable, or shut down a computer system or any component of such computer system) or other unlawful material in connection with the Platform.

Reliance on information on our Platform

Use of the Platform and all Data or information or content included or accessible from the Platform is provided on an “as is” and “as available”basis. Such Data, information and any responses to enquiries submitted by us are not, and should not be construed as, any form of professional or other advice and we shall have no liability arising from any reliance placed on any information in or results from the Data or Platform by you, or by anyone who may be informed of or receive any such information. \

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To the fullest extent permissible by law, we disclaim all statutory or implied warranties, representations and conditions regarding the Platform and any Data and information available on the Platform, including but not limited to, those as to quality, merchantability, fitness for purpose and non-infringement. We are not responsible for the timeliness, accuracy, completeness, deletion, non-delivery or failure to receive or store any information, communications or personalisation settings.

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Responsibility for viruses

We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your own information technology computer programmes and platform to access our Platform. You should use your own virus protection software.

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Limitation of Liability

We do not exclude or limit our liability to you in a way where it would be unlawful to do so. This includes liability for death or injury caused by our negligence or the negligence of our employees, agents or sub contractorsor for fraud or fraudulent misrepresentation.

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We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any Data or other content on it.

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We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our Platform; or
• use of, or reliance of any content displayed on our Platform, including Data.

In particular, we will not be liable for:

•  loss of profits, sales, business or revenue;
• business interruption;
• loss of anticipated savings;
• loss of data;
• loss of business opportunity, goodwill or reputation; and/or
• any indirect or consequential loss or damage.

Websites linked to

Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only.Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.  You may not link to our Platform.

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Suspension and Termination

We will determine, in our sole discretion, whether there has been a breach of these Terms of Use. When a breach of these Terms of Use has occurred, we may take such action as we consider appropriate including immediate, temporary or permanent withdrawal of your right to use our Platform, legal proceedings and disclosure of information to law enforcement authorities.

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Marketing Communications Consent

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By agreeing to these Terms and Conditions, you consent to receive marketing and promotional communications from Calyptus, including but not limited to newsletters, product updates, special offers, and other information that we believe may be of interest to you. These communications may be sent via email, SMS, or other digital channels using the contact information you have provided.

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Opting Out

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You may opt out of receiving marketing communications from us at any time. To do so, simply click the "Unsubscribe" link at the bottom of any of our marketing emails, or update your preferences in your account settings. Alternatively, you can contact us directly at info@calyptus.co to request removal from our marketing list.

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Other important terms

The following additional terms also apply to your use of ourPlatform:

• OurPrivacy Policy: This sets out how we may use your personal data; and          
• Our CookiePolicy: This sets out information about the cookies on our Platform.

If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.

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No third party shall be entitled to enforce any of the Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise under applicable law.

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These Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the non-exclusive jurisdiction of the courts of England and Wales.

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Last updated: February 2024