General terms of service.

Status: May 2023

1. Subject matter of the contract, scope of application and conclusion of the contract

1.1 Subject matter of the contract. The cvift. GmbH, registered in the commercial register of the District Court of Cologne under HRB 110244 ("cvift.") operates an online job platform via www.cvift.com and other channels such as mobile applications ("service"). The service connects companies ("customer") and candidates (“candidate”) to find the right person for the right job.

1.2 B2C. These General Terms of Service (“ToS”) apply to the use of the service by candidates, i.e. private individuals.

1.3 Service provision. cvift. provides its services to candidates exclusively on the basis of the cvift. usage contract (see Section 1.4) and these ToS.

1.4 Conclusion of contract. If a candidate registers for the service, this constitutes the candidate's offer to conclude a contract with cvift. via the service in accordance with these ToS. To register, the application form provided on the website must be completely filled out by the candidate. The contract (“cvift. User Agreement”) comes into existence through the acceptance of this offer by cvift. brought about by cvift. activating the candidate's account to use the service.

1.5 Examination of the application. Before activation, cvift checks. the candidate's application. cvift. reserves the right to request additional information and documents (e.g. a copy of the ID card) or a telephone/video identification to verify the information and in particular the identity of the candidate. cvift. is entitled to make the creation of an account dependent on such verification. cvift. will inform the candidate by e-mail within five working days of registration whether the candidate's application is accepted or rejected.

2. Description of service

2.1 How the service works. Via the service, customers can contact candidates who are registered in the service to staff vacancies. For this purpose, candidates can register with the service online and create a profile about themselves on the basis of the criteria and parameters specified by the service.

The customer also creates a profile of himself online, also using the criteria and parameters provided by the service. In addition, the customer is asked to create a search profile for the position he wants to staff and the qualifications required for it. For this purpose, the service again provides various parameters that the customer can draw on. After the profile has been created, the criteria job title, work experience, type of employment, salary, job preference, zip code, notice period, current technology stack, remote/office preference can still be adjusted, while the other details are unchangeable as recruitment-relevant criteria. Candidate- and search-profiles can be deleted at any time. The number of search profiles of the customer can be limited by cvift.

While the customer can view the pseudonymised candidate profiles via certain search functions (via a list or a detailed view) and contact the candidates directly via this, the customer profiles initially remain hidden for the candidates. The service then compiles a selection of candidate profiles for the customer that match the customer's search profile. The customer can contact the candidates proposed to him via the service and in particular propose a personal or virtual meeting. In doing so, the customer can also make the candidate an initial, non-binding offer of the remuneration package the customers has in mind for the position to be staffed. With this contact request by the customer, the customer profile also becomes visible to the candidate.

The candidate can accept or reject the customer's contact request. If the request is rejected, the customer can only contact the candidate again via the service if the candidate has consented to this. In this consent, the candidate may in particular make the renewed contact conditional on the customer revising the proposed remuneration package.

2.2 No success owed. cvift. does not owe the candidate any (placement) success.

2.3 Content responsibility. cvift. shall have no responsibility for, and shall have no obligation to review, the content, data and other information provided by customers or candidates through the service.

3. Costs

The use of the service is free of charge for the candidate.

4. Candidate duties and responsibilities

4.1 Login data. The candidate undertakes to treat all login data (login, passwords, etc.) for the service as strictly confidential. The candidate is not permitted to allow third parties to use his user account. He is responsible for all activities that take place using his access data or through his user account, regardless of whether they are authorised or unauthorised users. If the candidate suspects or knows of unauthorised access to his user account, the candidate will inform cvift. immediately and change his password.

4.2 Unauthorised third party use. If cvift. has reason to believe that an unauthorised third party is in possession of login data, cvift. can change the access data at its own discretion without prior notice or temporarily block the corresponding user account. cvift. will inform the candidate about this and, upon request, promptly send new login data. The candidate cannot request the restoration of his original login data.

5. Use of the service

5.1 Right of use. cvift. grants the candidate a non-exclusive, non-transferable, revocable and non-sublicensable right to access and use the service in accordance with the cvift. user agreement, these ToS and applicable law and third party rights for the duration of the cvift. user agreement. However, cvift. does not grant the candidate any express or implied licence to the intellectual or industrial property of cvift., the customers or their licensors other than the limited right of use under these ToS for the duration of the contractual relationship.

5.2 Rules of use. The candidate shall comply with the following rules of use when using the service:

• Candidates will not disseminate any offensive, racist, violence-glorifying, misogynistic, homophobic and transphobic, sexist, pornographic, obscene or otherwise objectionable content via the service.
• Candidates will not distribute any demonstrably untrue content via the service.
• Candidates will not distribute any content via the service that is objectively capable of negatively affecting the reputation of cvift.
• Candidates will not use any official clients, apps or websites other than those provided by cvift. to connect to the service.
• Candidates will not create, support, host, link to or provide any other option that may be used by third parties to use the service.
• Candidates will not modify, tamper with, circumvent, overload, attack, infect with viruses or malware, or otherwise gain unauthorised access to the service, its underlying software or the security measures put in place for it.
• Candidates will not use information obtained through the service to compete directly or indirectly with the service or assist a third party in any such venture.
• Candidates will not block, overwrite or modify the content generated by the service unless cvift. has expressly permitted this in writing in advance.
• Candidates will not use the service for commercial advertising for third parties.

5.3 Infringement of third party rights. The candidate is obliged to use the service only in accordance with the cvift. licence agreement, these ToS and the applicable legal provisions. In particular, the candidate is obliged not to infringe any (intellectual) property rights when using the service, in particular patents, trademarks, designs and other intellectual property. Should the candidate violate its obligations under this clause 5, the candidate shall remedy the violation without undue delay. Until then, cvift. may suspend the provision of the service. If the violation is not remedied within a reasonable period of time, cvift. may delete or permanently block the user account. The right to extraordinary termination of the cvift. user contract as well as further legal claims, in particular for damages, shall remain unaffected by this. The candidate is obliged to indemnify cvift. from all obligations, liabilities and damages which arise for cvift. from or in connection with the violation of the cvift. user contract, these ToS, intellectual property or other rights or applicable laws and regulations.

6. Availability of the service, warranty

6.1 Exclusion. cvift. provides the service to candidates and makes no warranties of any kind with respect to the service, including but not limited to any warranties of satisfactory quality, merchantability, applicability for a particular purpose or non-infringement. cvift. does not represent or warrant that the service will be uninterrupted, secure or error-free or that any defects or errors in the service will be corrected. In particular, the description of the service in clause 2 shall not be deemed to be a warranty or assurance.

6.2 Updates and further development. The service is designed in such a way that it will be continuously developed and updated. Therefore cvift. grants the candidate access to the service in its respective available form or version. Changes and further developments may affect system and compatibility requirements. Due to the continuous development of the service, cvift. reserves the right to offer new features or to remove existing features from the service or to modify them. The candidate agrees to these continuous changes to the service. The Candidate has no right to maintain or restore the Service to any particular state. cvift. shall be entitled to suspend the service altogether, but shall notify the Candidate in advance in this case, unless important concerns, such as security concerns, prevent this.

6.3 Software. The candidate acknowledges that the service is provided on the basis of complex software and that the service will therefore never be completely free of defects, errors or bugs and that the candidate shall not be entitled to any claims against cvift as a result.

7. Liability, force majeure

7.1 Gross negligence and intent. cvift. shall be liable in accordance with the statutory provisions insofar as the candidate asserts claims for damages which are based on intent or gross negligence, including intent or gross negligence on the part of representatives and vicarious agents.

7.2 Injury to life. In the event of slight negligence, cvift. shall be liable in accordance with the statutory provisions for damages in the event of injury to life, limb or health, breach of a guarantee and a duty to compensate under the Product Liability Act.

7.3 Violation of essential contractual obligations. In the event of slight negligence, cvift. shall also be liable in accordance with the statutory provisions for damages in the event of a breach of an essential contractual obligation, but the amount shall be limited to the foreseeable and contract-typical damages. Material contractual obligations are all obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the candidate regularly relies or may rely or the breach of which endangers the achievement of the purpose of the contract.

7.4 Exclusion of liability. In all other respects the liability of cvift. shall be excluded.

7.5 Data backup. It shall be the candidate's responsibility to regularly back up the data posted on the service in another way in order to be able to access this data even in the event of any disruptions or discontinuation of the service or parts thereof. cvift. shall only be liable for the loss of data up to the amount that would have been incurred to restore the data if it had been properly and regularly backed up.

7.6 Force majeure. cvift. shall further not be liable for any delay in performance or non-performance of the services to the extent that such delay or non-performance is beyond our control. This includes, but is not limited to, failure of electronic or mechanical equipment or communication lines, third party access, telephone or other connectivity problems, computer viruses, unauthorised access, theft, operator error, fire, extreme weather conditions, including floods, acts of nature or orders of regulatory, governmental or supranational authorities, war or civil commotion.

7.7 Third party content. The service may contain links or interact with other independent websites and platforms not provided by cvift. Such independent third party websites and platforms are not under the control of cvift. cvift. is not responsible for, nor has it reviewed or approved, their content.

8. Data protection

8.1 Data processing. The candidate allows cvift. to process all data within the GDPR, including personal data, insofar as this is necessary for the fulfilment of the usage contract and these ToS. cvift. collects and stores the candidate's data necessary for the performance of the contract and passes it on in pseudonymised form to companies that are customers of cvift. identified by the algorithm as a potential match. Only after the candidate's approval can the respective company view the profile data in full. By using the service, the candidate declares to have read and to agree with cvift.'s privacy policy.

8.2 Access by cvift. cvift. may access, store and disclose account information and content of the candidate if this is required by law, for the execution of the cvift. user agreement or if the access, storage or disclosure is in good faith in a legitimate interest of cvift. This may be the case, for example, if (i) cvift. is facing legal proceedings or is pursuing its own legal claims, (ii) in the event of a suspicion that content of the service infringes the rights of third parties, (iii) in response to enquiries by the candidate to cvift. support, (iv) to protect the rights, property or personal safety of cvift. or another person.

9 Termination of contract, notice of termination

9.1 Term. The cvift. user contract may be terminated by the candidate at any time in the settings of his account or by notifying cvift. in writing or text form with immediate effect. After termination, cvift. shall delete the candidate's account and all associated data, insofar as no statutory retention obligations prevent deletion. 

9.2 Extraordinary termination. The right to termination without notice for good cause shall remain unaffected. An important reason for cvift. is in particular if the candidate violates essential contractual obligations or infringes the rules of use.

10. Final provisions

10.1 Changes. cvift. reserves the right to amend these ToS, in particular due to a change in the law or in order to enable better functionality of the service, whereby the scope of the service in its entirety shall not be restricted to the detriment of the customer. Amendments to these ToS will be sent to the e-mail address provided by the candidate, enclosing the new version. The amendments shall be deemed to have been accepted by the candidate unless the amendment is objected to within a period of four weeks after receipt of the notification of amendment. An e-mail to cvift. shall suffice for this purpose. When notifying the amended TOS, cvift. shall point out the deadline and the consequence of not objecting. If the candidate objects to the amendments in due time, either party may terminate the contract with one month's notice to the end of the month. Until the termination takes effect, the contract shall continue to apply in its previous version. 

10.2 Form. Amendments, supplements or deviations from the cvift. user contract or these ToS must be made in text form. The form requirement can only be waived by written agreement. Legally relevant declarations and notifications by the candidate in relation to the contract (e.g. setting of deadlines, reminders, withdrawal) must be made in writing or text form (e.g. letter, e-mail, fax). 

10.3 Choice of law. German substantive law shall apply exclusively, to the exclusion of IPR and international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).