General Terms and Conditions (GTC) for the mobile app “Staffando”

Operator of the app

These General Terms and Conditions (“GTC”) govern the use of the mobile app “Staffando” (the “App”), operated by:

Freigeist Entertainment Labs UG (haftungsbeschränkt / limited liability)
represented by Managing Director Michael Kühne
Hermann-Häcker-Str. 29
18225 Kühlungsborn, Germany
Email:

§ 1 Scope and contracting party

(1) These General Terms and Conditions (“GTC”) apply to all agreements between Freigeist Entertainment Labs UG (limited liability), Hermann-Häcker-Str. 29, 18225 Kühlungsborn, Germany – hereinafter “Staffando” – and users of the “Staffando” platform (website and mobile applications).

(2) “Users” within the meaning of these GTC are both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB.

(3) Deviating, conflicting or supplementary general terms and conditions of users shall not become part of the contract unless Staffando expressly agrees to their application in text form.

(4) For agreements regarding paid services concluded via third-party platforms (e.g. Apple App Store or Google Play Store), payment processing is carried out exclusively through the respective platform provider. The contractual partner for use of the platform remains Staffando, unless expressly stipulated otherwise.

(5) The respective current version of the GTC can be accessed via the platform and may be saved or printed.

(6) The following definitions apply:

1. Platform: the “Staffando” app including backend services.
2. Job posting: a job advertisement published by an employer.
3. Match: mutual interest between jobseeker and employer, or direct contact via the DirectConnect/Chatlike function.
4. Premium: paid features/subscriptions for employers, and possibly for jobseekers in the future.
5. UGC: user-generated content (e.g. profile text, images, documents, messages).

§ 2 Subject matter of the contract

(1) Staffando operates a digital platform through which employers can publish job vacancies and employees can apply for them.

(2) Staffando provides solely the technical infrastructure for users to make contact with each other.

(3) Staffando is neither an employment agency nor a recruitment agency in the legal sense and does not owe any placement success. There is no entitlement to the conclusion of an employment contract.

(4) Employment contracts are concluded exclusively between the respective users. Staffando does not become a party to such contracts.

§ 3 Registration and user account

(1) Use of the platform requires creation of a user account.

(2) Only natural persons with full legal capacity aged 18 or over and legal entities are entitled to register.

(3) The user must provide truthful and complete information when registering and update it without undue delay if it changes.

(4) Only one account per user is permitted. Transfer of the user account to third parties is not permitted.

(5) The user must keep login credentials confidential and protect them from access by third parties.

(6) Staffando is entitled to temporarily suspend or permanently delete user accounts in the event of breaches of these GTC or suspected abusive use. Before permanent deletion, the user will generally be given an opportunity to comment, unless immediate action is required for legal or security reasons.

§ 4 Services provided by Staffando

(1) Staffando provides a platform for publishing job advertisements and enabling contact between users.

(2) There is no entitlement to specific features or a specific level of availability unless expressly agreed.

(3) Staffando is entitled to further develop the platform technically and to modify or discontinue features, provided that material contractual obligations are not impaired.

(4) Maintenance work may lead to temporary restrictions on availability.

(5) The app enables, among other things:

• creating and managing profiles
• creating, publishing and managing job postings
• matching (swipe / like / DirectConnect)
• chat and contact requests in the context of an application
• premium features and boosts (depending on the plan)

(6) The specific features may vary depending on role (employer/jobseeker), plan and platform (iOS/Android).

(7) Employers are solely responsible for the information in job postings and for compliance with labour and social law requirements (e.g. minimum wage, mini-job rules, working hours). Staffando does not pre-moderate job advertisements.

§ 5 User content

(1) Users are responsible for the content they upload (e.g. job ads, profile information, messages, applications).

(2) Content must be truthful and must not infringe third-party rights.

(3) In particular, the following content is prohibited:

• content that violates applicable law,
• content that is discriminatory, offensive or misleading,
• content that infringes third-party intellectual property rights,
• content that constitutes impermissible advertising.

(4) Staffando is entitled to review, block or remove content if there are concrete indications of a breach of these GTC or statutory provisions.

(5) Removal or blocking shall take account of the legitimate interests of the user. Before permanent removal, the user will generally be given an opportunity to comment unless immediate action is required.

§ 6 Rights of use in content

(1) The user grants Staffando a simple, non-exclusive, worldwide right, limited in time to the duration of the contractual relationship, to store, reproduce, technically process and make publicly available the content uploaded by the user, insofar as this is necessary to operate the platform.

(2) The grant of rights serves exclusively the purpose of providing the platform functions.

(3) Upon deletion of the user account, the right of use ends unless statutory retention obligations or legitimate interests of Staffando prevent this.

§ 7 Conduct obligations

(1) Users undertake to use the platform only within the framework of applicable laws and these GTC.

(2) In particular, the following is prohibited:

• automated access (e.g. scraping, bots),
• circumvention of technical protection measures,
• publishing unlawful content,
• abusive use of communication functions.

(3) Staffando reserves the right to take appropriate action in the event of breaches, in particular suspension or termination.

§ 8 Reporting unlawful content

(1) Users may report unlawful or contract-breaching content using the reporting functions provided.

(2) Staffando will review reported content within a reasonable period.

(3) If a breach is established, appropriate measures will be taken.

(4) The affected user will be informed of material measures unless legal reasons prevent this.

§ 9 Matching, chat and AI functions

(1) Staffando may provide functions based on automated systems or artificial intelligence.

(2) Generated content constitutes non-binding suggestions and does not replace legal, tax or employment law advice.

(3) The user must independently review generated content before publication.

(4) Staffando does not warrant the factual accuracy or legal admissibility of generated content.

(5) Match scores and algorithmic recommendations are non-binding and have no legal effect.

(6) Matches or contact options arise through mutual interest (like/swipe) or via DirectConnect/Chatlike by employers within their available quotas.

§ 10 Pricing models, plans and prices

(1) Jobseekers (“Jobseeker”) generally use the core functions of the app free of charge.

(2) Staffando may in the future offer premium or additional functions for a fee. Paid services are displayed transparently before conclusion of the contract in the app and/or in the respective app store listing with regard to price, term and scope of services.

(3) Employer models (“Employer”) may include, depending on the plan, in particular premium subscriptions, single postings/extensions, boosts/visibility options, DirectConnect/Chatlike quotas and multi-location functions. The specific contents follow from the respective plan description in the app and/or the app store listing.

(4) Where paid services are purchased via third-party platforms (Apple App Store/Google Play), the prices and conditions shown there shall apply; deviating price information outside the store checkout is non-binding.

(5) In basic use, advertisements may be displayed; premium/enterprise plans may be ad-free. Details follow from the in-app presentation.

§ 11 Payment processing

(1) Payments for paid services are made – where provided for in the offer – via the app stores (Google Play / Apple App Store). Payment processing is carried out either directly through the respective app store or with the involvement of RevenueCat as a processing and status service (e.g. to verify subscription status).

(2) The terms of the respective app stores apply additionally to payment, billing, refunds, subscription management and cancellation. Users can view these as part of the purchase process.

(3) Invoices/payment confirmations may – depending on store functions and user data – be sent by email or provided via the app store.

(4) Price changes for store subscriptions are governed by the rules of the respective app store; any price changes will be announced by the app store in accordance with its rules and apply – where provided by the app store – only from a future billing period or after any required consent of the user.

§ 12 Right of withdrawal (information for consumers under German law)

This section implements mandatory consumer information for contracts governed by German law. If you are not a consumer in Germany, other rules may apply.

12.1 Right of withdrawal for consumers

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.

12.2 Exercising the right of withdrawal

To exercise your right of withdrawal, you must inform us: Freigeist Entertainment Labs UG, Hermann-Häcker-Str. 29, 18225 Kühlungsborn, Germany, phone: , email: by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. The model form is set out in section 12.6.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

12.3 Consequences of withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

If you requested that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the time you inform us of your exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

12.4 Exclusion of the right of withdrawal

The right of withdrawal does not apply if, when concluding the legal transaction, you are acting predominantly in the exercise of your trade, business or profession and are therefore to be regarded as an entrepreneur (Section 14 BGB).

12.5 Further important information

For contracts for the supply of digital content not supplied on a tangible medium, your right of withdrawal also expires if (a) we have begun performance of the contract, (b) you have expressly agreed that we begin performance before the expiry of the withdrawal period, (c) you have confirmed your knowledge that, with your consent, your right of withdrawal expires when performance begins, and (d) we have provided you with confirmation in accordance with Section 312f BGB.

12.6 Model withdrawal form

(If you wish to withdraw from the contract, please complete and return this form.)

§ 13 Term, termination and account deletion

(1) Use of the app begins upon registration and runs for an indefinite period.

(2) Subscriptions renew automatically unless cancelled in good time via the app store settings.

(3) Subscriptions can only be cancelled via the respective app store account settings. A link to the app store subscription settings is shown and made accessible in the app in the subscription details.

(4) Users may also delete their account in the app at any time. After deletion, there may be a short reactivation period before data are permanently deleted or anonymised (see the privacy policy).

(5) Staffando may suspend or delete accounts in the event of breaches of these GTC or statutory requirements.

(6) The right of extraordinary termination for good cause for the user and Staffando remains unaffected. Good cause exists in particular in the event of serious or repeated breaches of these GTC or applicable law.

(7) In the event of extraordinary termination of the contract by Staffando, the user has no claim to reimbursement of costs for any ongoing contracts or subscription agreements. This does not apply if the user terminates this contract for good cause and is not responsible for that cause. In that case, the user receives a pro rata reimbursement of costs for the remaining term of their (subscription) contract unless it is a subscription with unlimited access; in the latter case there is no entitlement to reimbursement.

(8) Upon termination taking effect, the user account is deleted unless statutory retention duties or overriding legitimate interests of Staffando prevent this.

§ 14 Availability and changes

(1) Staffando strives for high availability of the app but does not guarantee uninterrupted availability.

(2) Staffando may further develop the platform and add, change or remove features if (i) there is an objective reason (e.g. security, legal changes, technical development), and (ii) the legitimate interests of users are adequately taken into account.

(3) If material features that are characteristic of the use of a paid plan are permanently substantially restricted or removed, the user may extraordinarily terminate the paid contractual relationship at the time the change takes effect; for store subscriptions, termination is effected via the app store settings.

§ 15 Liability

Staffando has unlimited liability for damage resulting from injury to life, body or health, in the event of breach of a guarantee and under the German Product Liability Act. Staffando also has unlimited liability in cases of intent or gross negligence. In the event of a slightly negligent breach of material contractual obligations (“cardinal obligations”), liability is limited to the damage typical for the contract and foreseeable, unless a case under sentence 1 applies. Material contractual obligations are those whose fulfilment enables proper performance of the contract in the first place and on whose compliance the other party may regularly rely. Beyond that, liability of Freigeist Entertainment Labs UG for slight negligence is excluded.

§ 16 Indemnity

(1) The user shall indemnify Staffando against third-party claims asserted against Staffando due to a legal infringement for which the user is responsible (in particular through unlawful content or unlawful conduct when using the app).

(2) A prerequisite for indemnity is that Staffando informs the user of the asserted claims without undue delay in text form, leaves defence to the user – where reasonable – or coordinates it with the user, and enables the user to provide reasonable support.

(3) The indemnity covers necessary and reasonable costs of legal defence. Staffando will not make admissions or enter into settlements without giving the user an opportunity to comment, where reasonable.

§ 17 Data protection

The current privacy policy for the Staffando app applies at https://www.staffando.com/datenschutzerklaerung-app/ in its respective valid version.

§ 18 Changes to the GTC

(1) Staffando may amend these GTC if there is an objective reason (e.g. changes in law, supreme court case law, security requirements, technical development) and the change is reasonable for users taking their interests into account.

(2) Users will be informed of changes in text form (e.g. email or in-app notice). The notice will contain the amended text, the effective date and a reference to the following consent/termination rights.

(3) Material changes only become effective if the user actively consents to them before they take effect (e.g. by tap/click in the app).

(4) For non-material changes, Staffando may make continued use of the app from the effective date conditional on consent; if the user refuses, they may at any time end the contract on use of the free basic functions and delete their account.

(5) For entrepreneurs (Section 14 BGB), changes may also become effective by notice with a reasonable period unless the entrepreneur objects; the notice will refer to this separately.

§ 19 Other information

(1) The contract language is German. We do not store the contract texts and they cannot be retrieved afterwards.

(2) To access the service, the user needs a mobile device with internet access and an active internet connection.

(3) The statutory rights in respect of defects apply.

(4) The GTC are provided in German and English. The German version is the binding and solely authoritative version and prevails in the event of any discrepancies.

§ 20 Applicable law and place of jurisdiction

(1) German law applies to the exclusion of the UN Sales Convention (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state in which they have their habitual residence.

(2) For merchants, legal entities under public law or special funds under public law, the place of jurisdiction is Rostock.

§ 21 Final provisions

Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected. Statutory provisions replace invalid provisions.