Terms of service

Effective January 31, 2024

Preamble

By using the contractual software, you agree to comply with all the terms and conditions listed here. If you do not agree to these terms and conditions, you may not use the software.

§ 1 Subject matter of the contract

(1) The Provider provides SaaS services for the Customer via the Internet in the area of the provision of software for recruiting.

(2) The subject matter of the contract is the provision of the Provider’s “aiFind - core application” software (hereinafter referred to as “SOFTWARE”) for temporary, non-exclusive use by the Customer and the provision of storage space on the Provider’s servers.

§ 2 Property rights

(1) The Provider reserves all property rights to the software, including but not limited to copyrights, trademark rights and patent rights.

§ 3 Software transfer

(1) The Provider shall make the SOFTWARE in the current version available to the Customer via the Internet for the duration of this contract for a fee. For this purpose, the Provider shall set up the SOFTWARE on a server of the Provider which is accessible to the Customer via the Internet.

(2) The current functional scope of the SOFTWARE can be found in the current service description on the Provider’s website at https://www.aifind.io

§ 4 Rights of use of the SOFTWARE

(1) The Provider grants the Customer the non-exclusive and non-transferable right to use the SOFTWARE specified in this contract for the duration of the contract in accordance with the provisions of this contract.

(2) The Customer is not entitled to reproduce the SOFTWARE and/or to make it available to third parties for use, whether for a fee or free of charge.

(3) Excluded from paragraph 2 is the authorization of the customer to make the SOFTWARE available for use in parts to applicants free of charge. The provision in parts is limited to the creation of an applicant profile by the applicant. The applicant can view his own profile, access it and view the status of his current jobs and open jobs for which he can apply in the SOFTWARE.

(4) The customer may only edit the SOFTWARE insofar as this is covered by the intended use of the SOFTWARE in accordance with the current service description.

(5) The customer may only reproduce the SOFTWARE to the extent that this is covered by the intended use of the SOFTWARE according to the current service description. Necessary duplication includes loading the SOFTWARE into the working memory on the provider’s server, but not even temporary installation or storage of the SOFTWARE on data carriers (such as hard disks or similar) of the hardware used by the customer.

§ 5 Provision of storage space

(1) The Provider shall provide the Customer with a defined storage space on a server for storing its data. The customer can store its content on this server. If the storage space is no longer sufficient to store the data, the Provider shall inform the Customer of this. The customer can reorder corresponding quotas, subject to availability at the provider.

(2) The Provider shall ensure that the stored data can be accessed via the Internet.

(3) The customer is entitled to make this storage space available for use by applicants free of charge within the scope of § 5 (2) of this contract.

(4) The Provider is obliged to take suitable precautions against data loss and to prevent unauthorized access to the Customer’s data by third parties. To this end, the Provider shall carry out weekly backups and install state-of-the-art firewalls.

§ 6 Data sovereignty

(1) The customer remains the sole owner of the data stored by him in the SOFTWARE and can therefore demand the return of individual or all data at any time.

(2) Upon termination of the contractual relationship, the Provider shall immediately return to the Customer all data stored on the storage space allocated to it.

(3) The data shall be returned at the customer’s discretion either by handing over data carriers or by sending them via a data network. The customer is not entitled to receive the SOFTWARE suitable for the use of the data.

(4) The Provider has neither a right of retention nor the statutory lessor’s lien (§ 562 BGB) with regard to the Customer’s data.

(5) The customer undertakes to delete all profile data entered by the applicant immediately upon termination of the contract, unless otherwise agreed with the applicant. The Provider assumes no liability for any misconduct on the part of the Customer in this regard.

§ 7 Warranty and exclusion of liability

The software is provided “as is”, without warranty of any kind. The software provider assumes no liability for direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the software.

§ 8 Obligations of the customer

(1) The customer undertakes not to store any illegal content that violates the law, official regulations or the rights of third parties on the storage space provided. The Customer shall indemnify the Provider against any claims asserted against the Provider by third parties in this respect. The Customer shall reimburse the Provider for all expenses and any damage incurred by the Provider as a result of such a claim, in particular all legal prosecution and legal defense costs.

§ 9 Data protection/confidentiality

(1) The Customer is solely responsible for the declarations of consent required by its contractual partners in accordance with the provisions of the Federal Data Protection Act and the General Data Protection Regulation.

(2) The Provider shall collect, process and use the Customer’s data exclusively for the purposes arising from this contract for the execution of this contract in compliance with the statutory provisions of the Federal Data Protection Act and the General Data Protection Regulation.

(3) The Provider and the Customer shall conclude an order processing contract in accordance with Art. 28 of the General Data Protection Regulation, which the Provider shall make available to the Customer upon conclusion of the contract.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany shall apply to this contract.

(2) The place of performance for obligations arising from this contract is the Provider’s registered office.

(3) If the Customer 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 contractual relationships between the Customer and the Provider shall be the Provider’s registered office.

(4) The license ends automatically if the user violates any of the terms of this agreement. After termination, all copies of the software must be deleted or returned.