Terms of Use

1 Scope, form

1.1 These Terms of Use apply to the use of the SaaS-enabled Marketplace Senior Connect (“Platform”).

Provider of the platform Senior Connect GmbH, Obereichenrot 8, 74575 Schrozberg (hereinafter referred to as "Senior Connect").

The use of the platform as an applicant is only permitted to consumers within the meaning of § 13 BGB.

1.2 The Terms of Use do not apply to commercial customers of Senior Connect. In this regard, only the Senior Connect Terms and Conditions apply.

2 Subject matter of contract, services

2.1 The subject of the Terms of Use is the provision of the platform as a recruiting platform. Users can upload application documents to the platform and have potential employers suggested by an AI-based company analysis. Senior Connect will transmit the user's applicant data exclusively after his consent to interested or potentially eligible companies, where they are managed by the respective company itself (e.g. in its own applicant management system).

2.2 The user must create an account for the use of the platform, which can only be set up and used via the website. For this, the user must go through the registration process on the Senior Connect website.

2.3 The use of the platform is free of charge for the user.

2.4 Senior Connect reserves the right to continuously develop the platform and to expand its range of functions or to adapt or restrict it to an appropriate extent.

2.5 Senior Connect does not guarantee the success of the mediation or the establishment of a contact with a company through the use of the platform.

3 Availability and maintenance

3.1 Senior Connect is entitled to perform regular maintenance work, but will try to keep the interruptions as low as possible.

3.2 Senior Connect does not assume any guarantee or any other kind of assurance to the user regarding the availability of the platform.

4 Subcontractor Senior Connect is entitled to use subcontractors to fulfill the contract.

5 User rights of use

5.1 Senior Connect grants the User a worldwide, non-exclusive, non-transferable right limited to the duration of the contract to use the Platform free of charge in accordance with the User Agreement and these Terms of Use. The right of use is limited to using the platform web-based on the Senior Connect website.

5.2 The user must comply with the agreed scope of the license. If he exceeds this scope, Senior Connect is entitled to demand appropriate remuneration. In addition, Senior Connect reserves the right to assert claims for damages in this case. Any additional remuneration paid shall be credited to the claims for damages asserted.

5.3 The User acknowledges that the exclusive rights to the Platform and all technologies contained and documentation provided belong to Senior Connect. No provision of this Agreement shall be understood as transferring rights to the Platform or parts thereof to the User in any way. All rights to the Platform that are not expressly granted to the User in this Agreement are reserved by Senior Connect.

5.4 The user may not use the platform for purposes other than those specified in the user agreement and these terms of use and must protect the platform against unauthorized access by third parties. Without limiting the generality of the foregoing, the user is not in particular, authorized to (i) use the Platform or parts thereof for any purpose other than for the intended and contractual use, (ii) to offer or distribute to third parties, sell, resell, lease, lease, rent, lent, lend, lend or otherwise otherwise transfer, license or license rights thereto, or any rights thereof without therein, (iii) disclose the Platform or parts of it, or make available to third parties or allow other persons as employees of the customer to use it in any way, without the prior written consent of Senior Connect, (iv) modify, supplement, modify, modify or adapt the Platform, (v) reverse engineer, decompile, translate, disassemble or disassemble the Platform or parts thereof, and/or otherwise attempt to obtain the source code or parts thereof (to the extent permitted by 6.5); (vi) make copies of the Platform or parts thereof, (vii) use the Platform for the development of a competing product or competing platform service, (viii) disable, modify or circumvent a license management system or security mechanism provided with the Platform, (ix) access the Platform, or use it to provide data processing services to others or (x) remove, modify, or conceal any proprietary or copyright, trademark, or other trademarks of Senior Connect or any third party.

5.5 The legal rights of the user according to § 69d para. 2 and 3 and § 69e Copyright Act remain unaffected, but with the proviso that (i) a decompilation according to §69e Copyright Act may only take place after prior written request to Senior Connect, in which the user requests the necessary information and Senior Connect does not provide the required information within two weeks, and (ii) the parties conclude an appropriate confidentiality agreement that ensures the protection of the platform and the source code from access by third parties.

6 Duties of the user

6.1 The user will use the platform only for the purposes of the user agreement, these terms of use and the purposes stated on the Senior Connect website.

6.2 The user undertakes to provide all information provided by him on the website truthfully and not to misuse it. He also undertakes to inform Senior Connect immediately about the termination of a company, provided that the customer has had contact with the companies via the Senior Connect platform or the company has made contact with the customer by deliberately bypassing the platform.

6.3 If the user violates one of the above obligations, Senior Connect is entitled to demand from the user that he refrains from the respective action and no longer performs it in connection with the platform of Senior Connect or another Senior Connect product in the future. Furthermore, the user will indemnify Senior Connect from any claims of third parties resulting from the infringement, compensate Senior Connect for reasonable legal defense costs and provide Senior Connect with all information, documents and statements necessary for the infringement.

7 User content

7.1 Senior Connect enables the user to process their own data (hereinafter referred to as "User Content") in the context of the use of the Platform. The user grants Senior Connect a worldwide, non-exclusive right to the user content, limited to the term of the contract, to use the user content within the framework of the platform in order to provide the contractual services. This includes in particular the right to reproduce the user content and to make it publicly accessible to the users/customers intended by the user within the framework of the platform. Senior Connect is entitled to transfer these rights to third parties, insofar as this is necessary for the provision of the platform, in particular to host providers.

7.2 The user must ensure that the User Content does not violate or affect any legal provisions and/or the rights of third parties, in particular the intellectual property of third parties, their personal rights, provisions under competition law or data protection law, as well as criminal law regulations. If the user violates these obligations, Senior Connect is entitled to demand that the user delete the infringing content from the platform. If necessary, Senior Connect is entitled to delete the infringing user content without prior notice. Furthermore, the user will indemnify Senior Connect from any claims of third parties arising from the infringement, compensate Senior Connect for reasonable legal defense costs and provide Senior Connect with all information, documents and declarations required for legal defense.

8 Duration, termination of the contract

8.1 The user contract is concluded for an indefinite period and can be terminated by either party with a notice period of one week.

8.2 The contract may be terminated by either party without notice for good cause (extraordinary termination). An important reason that justifies an extraordinary termination by Senior Connect exists in particular if the user culpably violates an essential contractual obligation incumbent on him and does not omit this breach of duty despite a warning from Senior Connect - if such ane is necessary - or does not restore the state contrary to the contract within a reasonable period of time set by Senior Connect for this purpose.

8.3 Declarations of termination require the written form to be effective. The termination can be declared by e-mail or triggered in the user account by the user himself.

9 Data protection

9.1 Senior Connect will process personal data in accordance with the legal requirements. Further information on data processing on the platform can be found under our data protection

9.2 Senior Connect will use non-personal data or data in which the personal reference has been removed (anonymization) for analysis, calibration and benchmarking purposes in order to be able to continuously optimize the platform for all customers.

10 Warranty

10.1 Senior Connect hereby points out to the user that, according to the current state of the art, it is not possible with proportionate effort to keep complex software products completely free of errors. However, Senior Connect will keep the platform free from such defects that more than insignificantly affect its suitability for use in accordance with the contract or intended use.

10.2 The user is obliged to inform Senior Connect immediately of the nature and occurrence of defects.

10.3 The warranty is excluded for such defects that are based on non-contractual or intended use of the platform.

11 Liability of Senior Connect

11.1 Unless otherwise stipulated in the following, Senior Connect shall be liable in accordance with the applicable statutory provisions.

11.2 Senior Connect is not liable in cases of force majeure (warlike conflicts, epidemics, pandemics, natural disasters, labor disputes/strikes, embargoes, terrorist acts or other events, in particular official or legal restrictions arising from the aforementioned circumstances, which are beyond the sphere of influence of Senior Connect and which cannot be averted or rendered harmless by Senior Connect even with the utmost reasonable care) or necessary maintenance, repairs or other measures on technical equipment of Senior Connect or a third party that provides data, content, information or transmission capacity that may lead to unavoidable disruptions, interruptions or a reduction in the performance (speed) of the platform.

11.3 Senior Connect shall not be liable for any damages or losses arising from the User's faulty non-use of the Platform in accordance with these Terms of Use.

11.4 In the event of negligence, Senior Connect shall only be liable in the event of a breach of essential contractual obligations (so-called cardinal obligations). In this case, the liability is limited to compensation for the foreseeable, typically occurring damage.

11.5 The above limitations of liability do not apply to intent, gross negligence, injury to life, body or health, for the statutory product liability, fraudulent concealment of a defect and/or assumed guarantees.

11.6 Insofar as the statutory provisions provide for direct liability of the legal representatives, employees and/or vicarious agents of Senior Connect towards the user, the above limitations of liability shall apply accordingly.

12 Changes to the Terms of Use

Senior Connect reserves the right to change these terms of use at its reasonable discretion (§ 315 BGB). Senior Connect will notify the user of changes to these Terms of Use by email at least four weeks in advance. If the possibilities of use of the platform are affected by the changes and this impairment is not only minor, the customer has the right to terminate the user agreement extraordinarily.

13 Final provisions

13.1 If a provision in these Terms of Use is or becomes wholly or partially void, invalid or unenforceable, or should a provision not be included in itself necessary, the effectiveness and enforceability of any other provisions of these Terms of Use shall not be affected. Instead of the void, ineffective or unenforceable provision or to fill the regulatory gap, a legally permissible provision shall be replaced, which corresponds as far as possible to what the parties have intended or would have agreed upon in terms of the meaning and purpose of these terms of use, if they had recognized the ineffectiveness or the loophole. It is the express will of the parties that this savory clause does not result in a mere reversal of the burden of proof, but § 139 BGB is waived as a whole.

13.2 Senior Connect is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board. This paragraph does not limit the right of the user to assert his claims before a competent court.