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Terms of Use

April, 2024
1 Scope, Form 1.1 These terms of use apply to the use of the SaaS recruiting platform Empion ("Platform"). The provider of the platform is Empion GmbH, Dircksenstraße 47, 10178 Berlin (hereinafter "Empion"). The use of the platform as an applicant is only permitted for consumers within the meaning of § 13 BGB. 1.2 These terms of use do not apply to commercial customers of Empion. In this regard, only the Empion General Terms and Conditions apply. 2 Object of the Contract, Services 2.1 The subject matter of these terms of use is the provision of the platform as a recruiting platform. Users can upload application documents on the platform and have potential employers suggested to them through AI-based company analysis. Empion will only transmit user applicant data to interested or potentially eligible companies after the user's consent, where they will be managed by the respective company itself (for example, in its own applicant management system). 2.2 The user must create an account for using the platform, which can only be set up and used via the website. For this purpose, the user must go through the registration process on the Empion website. 2.3 The use of the platform is free of charge for the user. 2.4 Empion reserves the right to continuously develop the platform and expand or adjust its functionality to an appropriate extent. 2.5 Empion does not guarantee successful placement or the establishment of contact with a company through the use of the platform. 3 Availability and Maintenance 3.1 Empion is entitled to carry out regular maintenance work but will try to keep interruptions to a minimum. 3.2 Empion does not provide any guarantee or other form of assurance regarding the availability of the platform to the user. 4 Subcontractors Empion is entitled to use subcontractors to fulfill the contract. 5 User Rights 5.1 Empion grants the user a worldwide, non-exclusive, non-transferable right limited to the term of the contract and these terms of use to use the platform free of charge in accordance with the usage agreement and these terms of use. The right of use is limited to using the platform web-based on Empion's website. 5.2 The user must comply with the agreed scope of the license. If the user exceeds this scope, Empion is entitled to demand reasonable compensation. In addition, Empion reserves the right to claim damages in this case. Any additional compensation paid shall be credited against the damages claimed. 5.3 The user acknowledges that the exclusive rights to the platform and all technologies contained therein and documentation provided belong to Empion. No provision of this agreement shall be construed as transferring any rights to the platform or parts thereof to the user. All rights to the platform not expressly granted to the user in this agreement are reserved by Empion. 5.4 The user may not use the platform for purposes other than those specified in the usage agreement and these terms of use and must protect the platform from unauthorized access by third parties. Without limiting the generality of the foregoing, the user is specifically prohibited from (i) using the platform or parts thereof for purposes other than the intended and contractual use, (ii) offering or distributing the platform or parts thereof to third parties without prior written consent from Empion, selling, reselling, leasing, renting, lending, or otherwise transferring, sublicensing, or assigning rights to it, (iii) disclosing or making parts of the platform available to third parties or allowing anyone other than the customer's employees to use it in any way, (iv) modifying, supplementing, altering, or adapting the platform, (v) reverse engineering, decompiling, translating, disassembling, or otherwise attempting to obtain the source code or parts thereof (to the extent not permissible under 6.5); (vi) making copies of the platform or parts thereof, (vii) using the platform to develop a competing product or platform service, (viii) disabling, modifying, or circumventing a license management system or security mechanism provided with the platform, (ix) accessing or using the platform to provide data processing services to others, or (x) removing, modifying, or hiding proprietary or copyright notices, trademarks, or other marks of Empion or third-party rights holders. 5.5 The user's statutory rights under §§ 69d (2) and (3) and § 69e of the Copyright Act remain unaffected, subject to the condition that (i) decompilation pursuant to §69e of the Copyright Act may only take place after prior written request to Empion, in which the user requests the necessary information and Empion does not provide the necessary information within two weeks, and (ii) the parties enter into an appropriate confidentiality agreement ensuring the protection of the platform and the source code from third-party access. 6 User Responsibilities 6.1 The user will only use the platform for the purposes of the usage agreement, these terms of use, and the purposes specified on the Empion website. 6.2 The user undertakes to provide all information truthfully on the website and not to misuse it. Furthermore, the user undertakes to inform Empion immediately if a company has been hired, provided that the customer has had contact with the companies via the Empion platform or the company has made contact with the customer by deliberately bypassing the platform. 6.3 If the user violates any of the above obligations, Empion is entitled to demand that the user refrain from the respective action and refrain from any future actions related to the Empion platform or any other Empion product. Furthermore, the user will indemnify Empion from any claims by third parties resulting from the violation, reimburse Empion for reasonable legal defense costs, and provide Empion with all necessary information, documents, and explanations for the infringement.Der Nutzer wird die Plattform nur für die Zwecke des Nutzungsvertrags, dieser Nutzungsbedingungen und der auf der Empion Webseite angegebenen Zwecke benutzen. 7 User content 7.1 Empion enables the user to process their own data (hereinafter "user content") as part of using the platform. The user grants Empion a worldwide, non-exclusive, limited-term right to use the user content within the scope of the platform to provide the contractual services. This includes, in particular, the right to reproduce the user content and make it publicly accessible within the platform for the users/customers intended by the user. Empion is entitled to transfer these rights to third parties, insofar as this is necessary to provide the platform, especially to host providers. 7.2 The user must ensure that the user content does not violate or impair any legal provisions and/or rights of third parties, in particular their intellectual property rights, personality rights, competition law, or data protection regulations, as well as criminal law provisions. If the user violates these obligations, Empion is entitled to demand that the user delete the infringing content from the platform. If necessary, Empion is entitled to delete the infringing user content without prior notice. Furthermore, the user will indemnify Empion from any claims by third parties resulting from the violation, reimburse Empion for reasonable legal defense costs, and provide Empion with all necessary information, documents, and explanations for the legal defense. 8 Duration, Termination of the Contract 8.1 The usage agreement is concluded for an indefinite period and can be terminated by either party with one week's notice. 8.2 The contract can be terminated by either party without notice for good cause (extraordinary termination). Good cause justifying extraordinary termination by Empion exists, in particular, if the user culpably violates a material contractual obligation and does not cease this breach despite a warning from Empion – to the extent that such a warning is required – or does not remedy the non-conforming condition within a reasonable period set by Empion for this purpose. 8.3 To be effective, termination notices must be in written form. Termination can be declared by email or triggered by the user in the user account. 9 Data Protection 9.1 Empion will process personal data in accordance with legal requirements. Further information on data processing on the platform can be found at 9.2 Empion will use non-personal or anonymized data for analysis, calibration, and benchmarking purposes to continuously optimize the platform for all customers. 10 Warranty 10.1 Empion hereby informs the user that, according to the current state of technology, it is not reasonably possible to keep complex software products completely free of errors. However, Empion will keep the platform free from defects that significantly impair its fitness for contractual or intended use. 10.2 The user is obligated to promptly inform Empion about the nature and occurrence of defects. 10.3 Warranty is excluded for defects resulting from non-contractual or improper use of the platform. 11 Liability of Empion 11.1 Unless otherwise specified below, Empion is liable according to applicable legal provisions. 11.2 Empion is not liable in cases of force majeure (war, epidemics, pandemics, natural disasters, labor disputes/strikes, embargoes, terrorist acts, or other events, particularly due to the aforementioned circumstances resulting in governmental or legal restrictions beyond Empion's control and which cannot be avoided or neutralized by Empion even with the utmost care) or necessary maintenance, repairs, or other measures on technical facilities of Empion or a third party providing data, content, information, or transmission capacities, which may lead to unavoidable disruptions, interruptions, or reduced performance (speed) of the platform. 11.3 Empion is not liable for damages and losses resulting from the user's culpable non-compliance with these terms of use. 11.4 In case of negligence, Empion is only liable for the breach of essential contractual obligations (so-called cardinal obligations). In this case, liability is limited to the foreseeable, typically occurring damage. 11.5 The above limitations of liability do not apply in cases of intent, gross negligence, injury to life, body, or health, statutory product liability, fraudulent concealment of a defect, and/or assumed guarantees. 11.6 To the extent that legal provisions provide for direct liability of Empion's legal representatives, employees, and/or agents vis-à-vis the user, the above limitations of liability apply accordingly. 12 Changes to the Terms of Use Empion reserves the right to amend these terms of use at its reasonable discretion (§ 315 German Civil Code). Empion will inform the user of any changes to these terms of use at least four weeks in advance via email. If the changes impair the user's ability to use the platform and this impairment is not only minor, the user has the right to terminate the user agreement without notice. 13 Final provisions 13.1 If any provision of these terms of use is or becomes invalid, ineffective, or unenforceable in whole or in part, or if a provision that is necessary is not included, the validity and enforceability of the remaining provisions of these terms of use shall not be affected. In place of the invalid, ineffective, or unenforceable provision, or to fill the gap in the provisions, a legally valid provision shall apply which comes as close as possible to what the parties intended or would have agreed to in accordance with the purpose and intent of these terms of use if they had recognized the invalidity or the gap. It is the express intention of the parties that this severability clause does not result in a mere reversal of the burden of proof, but rather that § 139 of the German Civil Code is entirely excluded. 13.2 Empion is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. This provision does not limit the user's right to assert their claims before a competent court.