Terms and Conditions

General Terms and Conditions between paying customers and LoadUp
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‍1. Scope of application and definitions
1.1. For the business relationship between LoadUp Flow GmbH, Monbijouplatz 2a, 10178 Berlin (hereinafter referred to as “Provider”) and the recipient of the services (hereinafter referred to as “Customer” , hereinafter also referred to as the “Parties”), in particular with regard to contracts for services in the areas of online marketing, performance marketing, provision of applicants, employee recruitment and order acquisition (hereinafter collectively referred to as “Services”), these General Terms and Conditions shall apply exclusively.
1.2 The provider's offer is aimed exclusively at entrepreneurs (Section 14 of the German Civil Code (BGB)) or at business owners. By concluding the contract, the customer confirms to the provider that they will use the services offered exclusively for a commercial or business purpose (as an entrepreneur within the meaning of Section 14 BGB).
1.3 Conflicting, deviating or supplementary general terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to their validity. These general terms and conditions shall also apply if the provider, being aware of conflicting or deviating terms and conditions of the customer, provides services without reservation.
1.4 The version of the provider's general terms and conditions valid before the services are used is decisive.
1.5 Insofar as the generic masculine is used in the following provisions, this is solely for reasons of simplicity and without any valuation.
1.6 The terms and conditions are sent with the offer and are deemed to have been read 4 hours after dispatch.
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2. Services
2.1 The provider specializes in generating inquiries (so-called “leads”) by means of digital brand performance concepts and digital products and in providing applicants.
2.2 The specific scope of services is based on the individual agreement between the provider and the customer. Insofar as the customer commissions the provider to place online advertisements on the customer's behalf, the customer grants the provider a corresponding power of attorney. In addition, the provider can give the customer access to an existing applicant database.
2.3 The customer determines the advertising budget, which is in addition to the remuneration. Unless otherwise expressly agreed, the provider invoices the advertising costs directly to the advertising platform. The customer bears all advertising costs incurred.
2.4 The parties agree that the Provider expressly does not owe the Customer any specific quantitative and/or economic success (such as, but not limited to, a specific number of leads, employees or the like) in providing the agreed services.
2.5 Platforms (e.g. Facebook, LinkedIn, Instagram, or similar) may, in individual cases, suspend advertising campaigns of the Provider that the Provider has created for the Customer without stating reasons. Similarly, platforms may temporarily or permanently block accounts, advertising accounts and/or the Customer's business manager. The Provider has no influence on this. The Provider's claim for remuneration remains unaffected in this respect.
2.6 The Provider is entitled to use the help of third parties, in particular subcontractors, to fulfill some or all of its contractual obligations.
2.7 With regard to the contents of a service contract entered into with the Provider, the latter has a right to determine the service in accordance with § 315 BGB.
2.8 The Provider does not owe the Client any brokerage or any brokerage success with regard to the conclusion of employment contracts. Whether or not an employment contract is concluded between an applicant provided by the Provider and the Client after an interview is at the Client's discretion. The Provider does not guarantee (i) the occurrence of a job interview or (ii) the conclusion of an employment contract. The parties agree that the Provider expressly does not owe the Customer any specific quantitative or economic success. This includes the number of applicants, employees or similar criteria.
2.9. Going live with the campaign with individualized images
The campaign created by LoadUp goes live within 12 hours of the onboarding call.The customer is not entitled to an individualized campaign; standard images are combined here with information provided by the customer about the position to be filled.An individualization of the campaign, in the form of the customer's own images, is possible as a goodwill gesture by LoadUp.
Any images must be provided within 4 hours of the onboarding call; if they are not provided within this period, there is no entitlement to LoadUp fulfilling the goodwill gesture.Subsequent editing of the application process [also: applicant funnel] for the respective customer is not affected by this point, as this is included in the provision of the service.
If the customer wishes to add their own images to the campaign after the above-mentioned period of 4 hours after the onboarding call, this will incur an additional charge.

3. Conclusion of contract
3.1 The presentation of services on the website, in social networks or in advertisements does not constitute a binding offer by the provider to conclude a contract. The customer is merely invited to submit an offer.
3.2 The contract between the Provider and the Customer can be concluded by telephone (in particular by video or video chat and/or telephone), in text form (e.g. by email) or in writing. Participation in the onboarding interview is considered acceptance of the offer.
3.3 In the case of contracts concluded by telephone between the Provider and the Customer, the Customer consents to the Provider recording the telephone conversation and/or video conference with the Customer for evidence and documentation purposes.
3.4 The customer expressly agrees not to disclose to third parties any login usernames, passwords, materials and links to which the customer gains access under this contract. Any violation will be prosecuted and may result in claims for damages.

4. Remuneration
4.1 The services shall be remunerated in accordance with the offer valid at the time of the conclusion of the contract. If payment in installments has been agreed, the first installment is due immediately upon conclusion of the contract; the remaining installments are due monthly in advance, unless otherwise agreed. All prices are exclusive of VAT.
4.2 If a setup fee has been agreed, this is only due once, unless otherwise specified. No further setup fee is due if the contract is extended.
4.3 The obligation to provide the contractually agreed remuneration in full also applies if the customer instructs the provider to temporarily interrupt the services or if an interruption is necessary for other reasons, provided that the reasons are not due to a fault of the provider.
4.4 Unless otherwise agreed, the customer is obliged to pay in advance. The agreed remuneration is due immediately upon invoicing and payable within seven (7) days.
4.5 In the event of a default in payment by the Customer, LoadUp is entitled to charge default interest at a rate of 8 percentage points above the base interest rate of the European Central Bank.
4.6 If the Customer fails to provide the necessary cooperation and this prevents the Provider from providing the service, the Provider's claim for remuneration remains unaffected.
4.7 The customer can only exercise or assert his right of set-off or right of retention with legally established or undisputed claims.
4.8 If the advertising budget is not used up by the end of the calendar year, it will not be carried over into the following calendar year.
4.9. If the customer does not wish to make use of the provider's services after accepting the offer, the provider is entitled to charge the full amount. The customer will then receive a voucher to redeem the service at a later date. The voucher can be used 12 months after the administrative fee is received, after which the voucher will expire.
4.10. In the event that an onboarding meeting is scheduled and the customer does not attend the onboarding meeting, an administrative fee of 25% of the agreed offer will be charged. The customer will then receive a voucher for the administrative fee to redeem the service at a later date. The voucher can be used for 12 months after the administrative fee is received – after that, the voucher will expire.
4.11 The customer's payment obligation remains in effect regardless of subjective assessments of the campaign performance, provided that the agreed services have been provided objectively.
4.12 Termination before the regular end of the contract does not release the customer from the payment obligation for the month that has already begun.
4.13 If the customer does not fulfill their obligation to cooperate (e.g. providing images or content) in a timely manner, the payment obligation remains unaffected. Delays or non-provision do not release from the obligation to pay.

5. Default
5.1 Any deadlines for the provision of services by the provider do not begin in any case before the agreed remuneration has been paid in full by the customer and all necessary acts of cooperation by the customer have been fully provided.
5.2 If the customer is in arrears with due payments, the provider reserves the right not to provide further services until the due payments have been settled.
5.3 The provider is entitled to terminate the contract for good cause in accordance with § 626 para. 1 BGB (German Civil Code) and to discontinue all services. Good cause exists in particular if the customer is in default of at least two installments to the provider in the case of an agreed installment payment.  The provider is entitled to claim the entire remuneration that would be due until the next ordinary termination date as compensation. In this case, however, the provider must have the amount credited to him that he saves on expenses or refrains from acquiring.
5.4 If the customer fails to attend the onboarding call twice without having informed the provider of his absence with a valid reason, or if the customer does not agree an appointment for this within 30 days of accepting the offer, the provider reserves the right to issue the invoice without publishing the campaign or without the minimum number of applicants agreed in the offer.
5.4 If the customer fails to send the provider any image material within seven days of the conclusion of the contract without having informed the provider of their decision in advance and providing a valid reason for their behavior, the provider reserves the right to build and publish the campaigns based on the information already available.

6. Duties of the parties for the execution of the agreed services
6.1 In principle, the provider only provides all contractually agreed services from the date of conclusion of the contract or the individually agreed start of the contract period.
6.2 The customer shall ensure that the provider has access to all the information necessary to achieve the best possible performance at all times. If the provider is prevented from providing the agreed services and the reasons for this lie within the customer's sphere of influence, the provider's claim for remuneration remains unaffected.
6.3 The customer is responsible for all content and must ensure that the content is not encumbered by the rights of third parties and does not violate applicable law (in particular copyright, competition, trademark, criminal, youth protection, data protection or similar laws). The provider is not obliged to check the content.
6.4 The provider is entitled to carry out all appointments digitally (e.g. via Zoom, Teams, Skype, Teamviewer or similar) with the customer, provided that the respective type of service provision does not necessarily require the provider to be on site (e.g. conducting photo or video shoots).
6.5 The customer is independently responsible for ensuring that the technical requirements are met in order to be able to use the offer in full. In the event of technical problems with the provided offer, the customer is also obliged to cooperate to the best of their ability in solving the problem.
6.6 Feedback on key figures
Customers who do not use the ATS [Applicant Tracking System], hereinafter referred to as “portal”, for the complete administration of applicants received through LoadUp, are obliged to provide monthly feedback on the key figures achieved with regard to applicants received through LoadUp. The feedback must be provided in writing to the email service@loadup-talent.de, always 28 days after the start of a campaign, with recurring reports in a 28-day cycle. The feedback includes at least the following key figures, but not exclusively:- The applicants contacted by the customer [in total, in each case for 28 days- The applicants who appeared for the interview [in total]
- The hired applicants [in total]- The rejected applicants [in total]
6.7 All incoming applicant data is available to the customer to the extent that it can be used to fulfill the services agreed with LoadUp GmbH. This includes exclusively covering personnel requirements for the position specified in the offer. Disclosure of applicant data to third parties or use of applicant data to fill similar or different positions in the company and/or group of companies is prohibited.

7. Contract term
7.1 The contract is concluded for the term agreed in the individual contractual agreement (initial term). Premature ordinary termination is excluded.
7.2 The right to extraordinary termination for good cause remains unaffected.

8. Payment terms: Payment is possible by direct debit, prepayment, CopeCart and invoice.

9. Liability for damages
9.1 The provider is liable, regardless of the legal reason, within the framework of the statutory provisions, only in accordance with the following regulations.
9.2 The provider is fully liable for damages resulting from injury to life, limb or health, which are based on intent or negligence on the part of the provider or one of his legal representatives or agents. In addition, the provider is liable for damages resulting from intent or gross negligence on the part of the provider or one of his legal representatives or vicarious agents, as well as for damages due to non-compliance with a guarantee given by the provider or a warranted characteristic, or due to fraudulently concealed defects.
9.3 The provider is liable, limited to compensation for the contractually typical foreseeable damage, for such damages that are based on a slightly negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment is essential to the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
9.4 The provider is not liable for content errors that can be traced back to incomplete, incorrect or misleading information provided by the customer.

10. Data protection, confidentiality
10.1 The customer is advised that the provider collects, processes and uses personal inventory and usage data in machine-readable form for the purposes of the contractual relationship. All personal data will be treated confidentially.
10.2 The parties undertake to treat as confidential any information or documents from the other party that become known to them in the course of the execution of the contract and that are not obvious or generally accessible. This confidentiality obligation shall continue to exist even after the contractual relationship has ended.

11. Acceptance
11.1. If the individually agreed services are subject to the law on contracts for work and services, the following provisions shall apply in this regard.11.2. The Provider may demand acceptance from the Customer after completion of a partial service in this regard.
11.3 The (partial) services of the provider to be accepted by the customer shall also be deemed accepted if the customer does not declare in writing within one (1) working day at the request of the provider that he will accept the corresponding (partial) service.

12. Copyright
12.1. All content provided in the course of fulfilling the contract is protected by copyright.
12.2. The customer further grants the provider the right to use all trademarks, logos, names or other business identifiers of the customer without restriction in the context of the services to be provided. Deviations from this require a separate agreement.
12.3 The customer shall fully indemnify the provider against any claims by third parties for infringement of intellectual property and/or the use of terms, pages or content that are not permitted and/or are subject to the rights of third parties.
12.4 The customer shall receive a – simple – right to use the campaigns, licenses and content during the term of the contract. Any disclosure and/or reproduction of the content (creatives, texts, image and video material) is prohibited. If the provider creates image and video material, the customer may use it without restriction, except for other advertising measures, press, posters, flyers. Disclosure to third parties is also prohibited. Any violation will be prosecuted and may result in claims for damages.
12.5 The provider is entitled to collect, evaluate and use anonymized campaign data. This includes, in particular, but is not limited to, the display of advertisements as well as campaign structures and campaign strategy.
12.6 In the event of successful collaboration, the provider is entitled to present the services provided to the customer and/or refer to the business relationship with the customer's name and/or company logo in the press/trade magazines and on its own and third-party advertising media.

13. Right of withdrawal
The provider only concludes contracts with companies within the meaning of § 14 BGB (German Civil Code), so that a statutory right of withdrawal does not exist.

14. General provisions
14.1. The place of performance and exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is, as far as legally permissible, Berlin.
14.2 The law of the Federal Republic of Germany shall apply to all disputes, regardless of the legal reason, excluding all provisions of the conflict of laws.
14.3 If required, additional or alternative provisions to the agreement agreed in writing by the parties shall be deemed to be part of the agreement from the date of their signing.
14.4. Should one or more provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions of these General Terms and Conditions shall not be affected. In place of the invalid clauses, that which most closely approximates the economic intent in a legally permissible manner shall be deemed agreed. This shall also apply to the supplementary interpretation of the contract.
14.5 The Provider reserves the right to amend these General Terms and Conditions at any time, unless the amendment is unreasonable for the Customer. The Provider shall notify the Customer of this in good time. If the Customer does not object to the new General Terms and Conditions within a period of two (2) weeks after notification, the amended General Terms and Conditions shall be deemed accepted by the Customer.
14.6 The customer bears the burden of proof for any verbal or written agreements that deviate from the conditions set out in the contract and the General Terms and Conditions.
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‍General Terms and Conditions between Users and LoadUp
1. Applicable conditions
These General Terms and Conditions apply to contractual relationships between the user and LoadUp GmbH, hereinafter referred to as the “provider”, with regard to the various services under the name LoadUp, hereinafter referred to as the “software” or “portal”. The applicant is hereinafter personally addressed or also referred to as the “user” and, together with the provider, also as the “parties” and also solely as the “party”. The term “service” or “service” encompasses the contractual relationship between the parties, regardless of the corresponding type of contract.
The provider offers the user a platform on which the user can apply for specific job offers. In addition,  the provider informs the user about further job offers that match the user's profile. The provider operates application pages for companies that users can use to register for specific jobs. In addition, the provider informs the user if another company offers a job that matches the user's profile. The user can then decide whether they want to apply for the respective job by giving their consent. In addition, the provider can pass on the user's profile to companies whose requirements for applicants match the user's profile. The user can then be contacted directly by the company and invited to apply.
Conflicting, differing or supplementary terms and conditions of the user shall not become part of the contract unless the provider expressly agrees to their validity. These terms and conditions shall also apply if the provider, being aware of conflicting or differing terms and conditions of the user, performs services without reservation. In addition, the user's profile may be forwarded to the provider's customers, who may then proactively contact the user and invite the user to apply.
Individual agreements, as well as ancillary agreements and supplements, take precedence over these General Terms and Conditions, provided they have been recorded in writing.
The user is a consumer within the meaning of § 13 BGB (German Civil Code) insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. In contrast, an entrepreneur according to § 14 BGB is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding the contract.
2. Use of the software
In order to use the software, the user must register on the provider's website by entering his name and contact details. Registration creates a free contractual relationship (the “Free Contractual Relationship”) between the user and the provider.
The provider endeavors to keep the software up to date, but there is no legal entitlement to this. The provider can restrict or expand the functional scope of the software at any time.
3. Remuneration and reimbursement of expenses
The use of the portal is free of charge for users. The user does not owe the provider any remuneration or reimbursement of expenses for the contractual use of the software.
The user has no claims against the provider for reimbursement of expenses or other costs incurred in the course of an application or an interview.
The payment terms are defined in the order confirmation or in the contract. If no specific payment terms have been defined, invoices are to be paid within seven (7) days of the invoice date without deduction.
4. Term/Termination
The free contractual relationship is for an indefinite period and can be terminated by either party at any time with immediate effect and without observing a notice period. The termination is to be declared in writing or electronically to the other party. The right to extraordinary termination remains in addition.
The contractual relationship and thus your right to use the provider's software ends automatically and immediately if you request the provider to delete all your data stored on the platform. In these cases, no explicit notice of termination is required by the provider.
Upon termination of the contractual relationship, we will archive your user profile. At the latest, we will permanently delete your account six (6) months after termination of the contract. This does not apply if we still need the relevant data to enforce claims against you or if we are legally obliged to store the data.
5. Type and scope of use
The provider gives the user the opportunity to apply for a specific job offer from a company via the portal and informs the user about current vacancies in the human resources department of companies via the portal. If the user is interested, they can apply for the relevant vacancy with the help of the provider. To do this, they must answer questions about their professional qualifications. If the user's qualifications match the requirements of the relevant vacancy, the provider transmits the company's data to the applicant and, if the user is interested, establishes contact between the company and the user. The company can then contact the user and invite them to an interview.
Your personal data will only be passed on after consultation with the user and only for the purpose of introducing you to the company selected in consultation with you.In addition, the provider can pass on the user's profile to companies whose requirements for applicants match the user's profile. The user can then be contacted directly by the company and invited to apply.
The provider is not obliged to inform the user about current vacancies or to offer job opportunities. The provider is not liable for any economic success, in particular not for the conclusion of an employment contract between the advertising company and the user or the provider and the user.The provider does not owe the user any mediation or any mediation success with regard to the conclusion of an employment contract. Whether or not an employment contract is concluded between the user and the respective company, to which the provider suggests you as a potential applicant, is at the discretion of the respective company. The provider does not guarantee (i) the realization of an interview or (ii) the conclusion of an employment contract.
As long as you use the provider, the provider is entitled to contact you and suggest new jobs to you. In addition, the Provider is entitled to contact you to complete your applicant profile, to discuss your wishes and preferences and your search request, as well as the current status of the application process and to coordinate further coordination. Contact can be made by phone, email or messaging service (e.g. WhatsApp, SMS).
Platforms (e.g. Facebook, LinkedIn, Instagram, or similar) can, in individual cases, suspend advertising campaigns that the Provider has created for the Customer without stating reasons. Similarly, platforms can temporarily or permanently block accounts, advertising accounts and/or the Customer's business manager. The Provider has no influence on this. The Provider's claim for remuneration remains unaffected in this respect.
The user acknowledges that the provider may regularly conduct surveys to improve the service in order to be informed about current market developments. The provider is entitled to send you an invitation to participate in the respective survey by email or to contact you by telephone or via messaging services (e.g. WhatsApp).
In order to select suitable positions for you, the job placement service includes processing your specified job preferences, your CV and your address using algorithms and statistical methods. For quality assurance and to improve our processes, the provider can conduct a survey after a successful or unsuccessful placement process. The applicant's data is provided by the applicant themselves. The provider is not responsible for the data being up to date, correct or complete and does not guarantee this.
The provider makes the portal available to the user via the provider's website (cloud software). Therefore, to use the portal, the user needs an internet-enabled device, a browser installed on it, and an internet connection. The latest version of the software is provided for use at the router output of the data center in which the server with the software is located (the “transfer point”). The user is responsible for the stability of their internet connection.
The provider grants the user the non-exclusive, non-transferrable right, limited to the term of the usage contract, to load the software user interface for display on the screen in the main memory of the end devices used for this purpose in accordance with the contract and to make the resulting copies of the user interface. Due to the design of the software as cloud software, the user is not granted any further copyrighted rights to use the software.
The provider is entitled to use third parties, in particular subcontractors, to fulfill its contractual obligations.
6. Rights to data processing, data backup
The user grants the provider the right to duplicate the data to be stored by the provider for the user for the purpose of executing the contract, insofar as this is necessary to provide the services owed under this contract. The provider is also entitled to store the data in a backup system or separate backup data center. The provider is also entitled to make changes to the structure of the data or the data format to rectify faults.
The provider does not receive any further rights of use or exploitation and, in particular, will not publish the content uploaded by users to the software and make it available to third parties, unless this is necessary for the purpose of the contract.
7. Data protection
The Provider processes and uses the User's data, which is collected during the performance of the Services and in accordance with these General Terms and Conditions, to the extent necessary to fulfill the Services in accordance with all applicable European and German data protection regulations. The Provider's privacy policy applies, which is available on the Provider's website.
The user is aware that the fulfillment of the services includes the transmission of personal data to companies with which the provider works to place the user and find the right person for the right job in accordance with these general terms and conditions and the privacy policy.
The user is aware that the provider may contact the user by telephone, email or messaging service (e.g. WhatsApp, SMS) and suggest suitable companies. The user acknowledges that when using WhatsApp, data may be transferred outside the EU and that the WhatsApp operator can read the phone book. The provider has no access to this and cannot influence the transfer of data abroad.
Insofar as the user transmits data from third parties, the user assures that he has obtained consent from the third party and releases the provider from any claims in this regard. The rights of the user or the data subject arise in particular from the following standards of the GDPR:
- Article 7 (3) – Right to revoke consent under data protection law
- Article 15 – Right of access by the data subject, right to confirmation and provision of a copy of personal data- Article 16 – Right to rectification- Article 17 – Right to erasure ('right to be forgotten')- Article 18 – Right to restriction of processing- Article 20 – Right to data portability- Article 21 – Right to object
– Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling– Article 77 – Right to lodge a complaint with a supervisory authority
To exercise these rights,  the user or data subject is asked to contact the provider by email or, in the case of a complaint, to contact the competent supervisory authority.
The provider assures that it has taken appropriate technical and organizational measures to ensure the security of personal data and to reduce the risk to the data subjects.
8. user data and exemption from third-party claimsThe user is responsible for the content that he/she uploads to the software. The user is obliged vis-à-vis the provider not to upload any content or data that is punishable by law or otherwise illegal in relation to individual third parties and not to use any programs containing viruses or other malware in connection with the software. In particular, the user is obliged not to use the software to offer illegal services.
In this context, the user is obliged to release the provider from all liability and all costs, including possible and actual costs of legal proceedings, if the provider is held liable by third parties as a result of alleged actions or omissions by the user. The provider shall inform the user of the claim and, as far as legally possible, give him the opportunity to defend himself against the asserted claim. At the same time, the user shall immediately provide the provider with all available information regarding the facts of the matter that is the subject of the claim.
Further claims for damages on the part of the provider shall remain unaffected.
9. Blocking of accessThe provider is entitled to temporarily or permanently block the use or access to the software if there are concrete indications that the user is violating the terms of the contract or applicable law. When deciding on a block, the legitimate interests of the user will be given due consideration.
10. Availability and liability
For technical reasons, uninterrupted availability of the software cannot be guaranteed. Availability may be affected, for example, by regularly necessary maintenance and security work, but also by unforeseen events beyond the provider's control. Planned work that leads to an impairment of availability will be carried out by the provider, as far as possible, during low-traffic periods. The display quality of the digital content can also vary from device to device and depend on the speed of the user's internet connection and other factors. In this respect, the provider cannot be held liable for deviations.
The user is obliged to report functional failures, malfunctions or impairments of the software to the provider immediately and as precisely as possible. If the user fails to do so, § 536c BGB (German Civil Code) applies accordingly.
Claims for damages by the user are excluded. This does not apply to claims for damages by the user arising from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
In the event of a breach of material contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless the user's claims for damages arise from injury to life, limb or health.
The restrictions also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
The resulting limitations of liability do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the user have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
If the user suffers damage as a result of data loss, the provider is not liable for this if the damage could have been avoided by the user making regular and complete backups of all relevant data. The user is solely responsible for making regular and complete data backups or having them made by a third party.
11. Offsetting/Right of retention: The user shall only be entitled to a right of retention if his counterclaims have been legally established or are undisputed by the provider.
The user shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
12. Confidentiality
“Confidential information” is all information, files and documents about the business transactions of the other party that come to the knowledge of the other party.
Both parties undertake to maintain confidentiality about the confidential information concerning the other party and to use it only for the performance of the services and the purpose pursued with them.
Both parties undertake to impose the confidentiality obligation on all employees and/or third parties who have access to the aforementioned business transactions. The confidentiality obligation according to paragraph 2 does not apply to information that
a) was already known to the other party when the contract was concluded,
b) that had already been made public at the time of disclosure by the party, provided that this is not due to a breach of confidentiality by the other party,
c) that the user has expressly released for disclosure (in particular in the context of applications, job searches),
d) the other party has lawfully received from other sources without any confidentiality restriction, provided that the disclosure and use of such confidential information does not violate any contractual agreements, statutory provisions or official orders,
e) which the other party has developed itself without access to the confidential information, f) which must be disclosed due to statutory obligations to provide information, notification and/or publication or official orders. The user is also obliged not to disclose login usernames, passwords and other access data to third parties, otherwise he/she will be in breach of the agreement.
13. Amendments to these General Terms and ConditionsThese General Terms and Conditions may be amended and adapted to new circumstances by the Provider at any time if there is a legitimate interest. A legitimate interest exists in particular in the event of a change in the law or supreme court jurisdiction, market conditions, in order to adapt to new technical developments, to close regulatory gaps or to expand the range of services offered by the platform.
All users will be expressly notified of any changes by email before the changes take effect.
If the user objects to the changes to these General Terms and Conditions in writing (e.g. letter, fax, email) within six (6) weeks, beginning with the day following the announcement of the changes, the contractual relationship will be continued under the previous conditions. In this case, the Provider is entitled to terminate the contractual relationship without notice, with the result that your account will be deleted. The original General Terms and Conditions shall continue to apply until the contract is terminated.
The General Terms and Conditions shall be deemed to have been agreed in the amended version if the user does not object or terminate the contract in due form and time within this period or continues to use the Provider's software after the amendment has come into force.
The provider is obliged to specifically inform the user of his right of objection and the consequences of further use of the portal and/or software in the notification of the change to the general terms and conditions at the beginning of the period.
These general terms and conditions can be changed at any time with the user's consent.
14. General information requirements for alternative dispute resolution in accordance with Article 14, Section 1 of the ODR-VO and Section 36 of the VSBG (Consumer Dispute Resolution Act)
The European Commission provides a platform for online dispute resolution (OS), which the user can find at this address: https://ec.europa.eu/consumers/odr/. The provider is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
15. Applicable law
The law of the Federal Republic of Germany shall apply to contracts between the provider and the user, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the user as a consumer has his habitual residence, remain unaffected.
16. Place of Jurisdiction
If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider in Berlin.
17. Severability Clause, Written Form
Should individual provisions of these General Terms and Conditions be or become invalid or void in whole or in part, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid or void provision with a valid provision that comes as close as possible to the intended economic purpose. The same applies in the event of a gap.
Amendments or supplements to these General Terms and Conditions must be made in writing.
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