§ 1 General Provisions

1. These General Terms of Use apply to all legal relationships between TalentAid AG,Kölner Straße 1, 65760 Eschborn (hereinafter "TalentAid") and users of the platform https://www.talentaid.com/ and all subpages thereof (hereinafter: the "Platform").2. Deviating provisions of the Users shall not apply unless TalentAid has expressly confirmed them in writing. Individual agreements between TalentAid and the Users shall in all cases take precedence.3. The contractual language is German. The legally binding text is the version drafted in the German language. Versions in other languages are provided for informational purposes only.4. The business relationships between TalentAid and the Users are governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.5. The User may access, save, and print these General Terms of Use. Apart from this, the contractual text will not be stored by TalentAid on the Platform after conclusion of the contract.6. The place of jurisdiction shall be Frankfurt am Main insofar as the User is a merchant, a legal entity under public law, or a special fund under public law. The same shall apply if a User has no general place of jurisdiction in Germany or if the User's domicile or habitual residence is unknown at the time legal action is brought.7. Information obligation pursuant to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz – § 36 VSBG): TalentAid is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 2 Services of TalentAid

1. On the Platform, TalentAid provides Users with the opportunity to upload their CV. The CV is then automatically analyzed for the purpose of identifying suitable job offers and subsequently adapting the CV in terms of content for specific applications.2. TalentAid automatically searches publicly accessible job advertisements. The user is then shown those vacancies for which, on the basis of a comparison of the requirement profiles, a match exists with the profile derived from the user's curriculum vitae. In the event of a match, TalentAid sends job offers to the user's account together with a brief explanation of the reasons why the respective job offer is suitable for the user..TalentAid offers both a free version and a paid version.4. In the free version, job advertisements are displayed to the User only in anonymized form. It is also not possible to be redirected to the respective job advertisement.5. Depending on the selected subscription, the following services are included in the paid version:The displayed job advertisement contains the data of the respective company. In addition, by activating the "Apply" button, the user may be redirected to the job advertisement on the respective company website or the relevant job portal. The number of job advertisements displayed depends on the subscribed plan.By activating a corresponding button, the user may have their curriculum vitae structurally adapted to the requirements of the respective job advertisement, so that the curriculum vitae complies with the standard requirements of automated applicant tracking systems (ATS). The revised curriculum vitae is made available to the user for download in electronic form via the user profile, enabling the user to use it for an application for the advertised position.By activating a button, the user may create an application for a selected job advertisement. In this case, in addition to the structurally adapted curriculum vitae,TalentAid proposes a cover letter with which the curriculum vitae is to be submitted. The user then has the option, by activating a corresponding button, to electronically instruct TalentAid to automatically transmit the application, together with the proposed cover letter, to the provider of the respective job advertisement on behalf of the user.By activating a corresponding button, the user may further instruct TalentAid, for example for the preparation of a job interview, to compile information about the respective company from publicly accessible internet sources and make such information available for download. TalentAid also offers the possibility to simulate a job interview with the respective company on the basis of the data found on the internet as well as the information contained in the curriculum vitae.6. TalentAid expressly points out that the User alone is responsible for the entries made in the CV as well as for any other documents and information provided by the User and transmitted to the provider of the respective job offer. TalentAid is also not involved in any potential conclusion of an employment contract or any other contract, but merely provides the technical means by which the CV uploaded by the User is adapted in accordance with the preceding paragraphs and, upon separate instruction by the User, transmitted together with additional documents—such as certificates uploaded by the User—to the provider of the job offer.7. TalentAid also does not verify the accuracy of the information contained in the respective job advertisements. The job offers are offers made by third parties, for which only the providers of such job offers are responsible.

§ 3 Requirements for Use of the Platform

1. Any natural person is entitled to use the Platform.2. Natural persons must be of legal age and have legal capacity if they wish to register on the Platform. Persons who have not yet reached the age of 18 require the consent of their legal representative.

§ 4 Registration and Creation of User Profiles and Search Queries

1. Use of the Platform may be subject to a fee in the paid version or may be free of charge.2. In order to use the services of TalentAid, Users must register by way of a double opt-in procedure by providing their email address and uploading their CV and/or providing information about their current occupation. Registration is free of charge. Registration is completed by creating a user account, and the respective User must accept these General Terms of Use.3. The User receives an email from TalentAid containing a link to confirm the registration. A registration that is not completed by the User within XY days either by logging in to the Platform for the first time or by clicking the link in the confirmation email may be deleted by TalentAid. Upon confirmation of the registration by the User, a contract for the use of the platform is concluded between TalentAid and the respective User. TalentAid confirms the conclusion of the user agreement to the User by email and sends the Terms of Use.4. If the User wishes to use the Platform in the paid version, the User must book it at https://subscribe.talentaid.com.5. The paid user agreement is concluded on the Platform as follows:(a) If the User has selected the payment method "PayPal," the contract is concluded at the time the payment instruction is confirmed to PayPal.(b) If the User has selected the payment method "Apple Pay," payment processing is carried out via the payment service Apple Distribution International, a company incorporated under Irish law with its registered office at Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, subject to the terms of use available at https://www.apple.com/de/legal/internet-services/terms/site.html. If the customer selects Apple Pay as the payment method, the purchase contract is concluded at the time the payment instrument stored with Apple Pay is charged.(c) If the payment method "Amazon Pay" is selected, provided by Amazon Payments Europe S.C.A., 38, Avenue John F. Kennedy, L-1855 Luxembourg, the User is redirected to the Amazon Payments website for payment processing, where the User confirms the payment instruction. The customer is then redirected back to the seller's online shop, where the ordering process can be completed.(d) If the payment service provider Google Pay is selected, payment processing is carried out via the payment service of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, subject to the Google Pay terms of use available at https://support.google.com/pay/answer/7020860?hl=de(e) If the User selects the payment method "purchase on account" via "KLARNA," payment processing is carried out via the payment service Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, subject to the terms of use available at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 TalentAid assigns its claim against the user to KLARNA.5. In all other cases, the paid user agreement is concluded upon acceptance by TalentAid of the User's offer to enter into a paid user agreement. TalentAid is entitled to accept the offer contained in the order within three (3) working days by sending an order confirmation.6. Until completion of the registration and booking process, a User may correct his or her entries at any time using the usual keyboard and mouse functions directly in the respective input fields. Communication between TalentAid and the User shall take place via the email address provided.

§ 5 User Conduct Obligations; Indemnification for Violations

1.Any information provided by the User is generally not reviewed by TalentAid. However, if TalentAid becomes aware that a User is in breach of these Terms of Use or applicable statutory provisions, the unlawful content shall be removed without undue delay or access thereto shall be blocked.2.When making documents and other information available that are subject to third-party rights, the User warrants that he or she holds the necessary rights to do so, in particular the required rights of use, for example the rights required to use a photograph.3. The User represents and warrants that all information provided by him or her is true and accurate.The User may not use the Platform in order to:carry out activities that are directly or indirectly unlawful, harmful, immoral, threatening, harassing, or deceptive;infringe upon the privacy of others or are offensive, racist, sexually unethical, or otherwise injurious; carry out activities that infringe or may infringe the rights of third parties; transmit to third parties any content in respect of which the User does not hold the necessary rights;enter into the system inappropriate, irrelevant, misleading, or intentionally untrue or false information;intentionally carry out activities that deliberately cause system disruptions.Furthermore, the User undertakes to refrain from:- impersonating another person or legal entity;- intentionally providing false information in the course of an online application.Users may not use any mechanisms, software, or other scripts in connection with the use of the Platform that may disrupt the functioning of the Platform, in particular those that enable the generation of automated page views.Users may not take any measures that may result in an unreasonable or excessive burden on the infrastructure.Users may not block, overwrite, or modify any content generated by TalentAid or otherwise interfere with the website in a disruptive manner.8. Each User is obliged—unless the User is not at fault—to indemnify, hold harmless, and defend TalentAid, at the User's own expense, against all claims, actions, or proceedings brought by third parties against TalentAid or its legal representatives or vicarious agents, as well as against all related obligations, damages, settlements, penalties, fines, costs, or expenses (including, but not limited to, reasonable attorneys' fees and other legal costs), incurred by TalentAid or its legal representatives or vicarious agents as a result of or in connection with a breach by the User of these Terms of Use or of applicable laws, regulations, or requirements in connection with the use of the Platform. In such a case,TalentAid shall inform the User in writing of such claims, actions, or proceedings. TheUser shall, to the extent possible, participate in the defense against all claims.

§ 6 Special Conditions for the Use of AI-Based Creation and Revision of Documents and the AI-Based Chatbot for Simulating Job Interviews

1, For the purpose of searching for job advertisements as well as analyzing, creating, and revising application documents within the meaning of § 2 of these Terms and Conditions, and for the communication of the chatbot (hereinafter referred to as the "Output"), TalentAid uses software based on artificial intelligence (hereinafter referred to as the "Software").2. The Software generates the Output using generative artificial intelligence based on statistical probabilistic models that have been trained on extensive training data. Due to this mode of operation, it cannot be ruled out that the generated Output may be factually or ethically problematic, incomplete, misleading, or biased. In particular, there is a risk of so-called "hallucinations," meaning Output that may sound plausible or convincing but is in fact incorrect or irrelevant. The Output provided by the Software depends to a significant extent on the User's inputs and the content of the uploaded documents and is not necessarily reproducible; even identical inputs may produce different results. The User is aware of these circumstances when using the Software and therefore receives the revised documents for review and download before being able to initiate their transmission via a separate button.3. The User undertakes to use the Software in compliance with applicable law. In particular, the User shall comply with Regulations (EU) 2024/1689 and (EU) 2016/679 and shall not infringe the rights of third parties. This In all other respects, the conduct obligations set out in § 5 of these Terms shall apply.4. The User warrants that he or she is entitled to use all content transmitted to the chatbotand/or contained in the uploaded application documents. TalentAid does not review the legality or permissibility of the content entered by the User; such review is neither technically implemented nor part of the Software's services.5. Use of the Software is exclusively reserved for natural persons. In particular, the use of automated IT applications or other technologies that simulate or replace use of the Software by a natural person is prohibited. Information and responses generated by the Software may not be retrieved automatically. Automated further processing of the Output directly from the application, as well as automated integration of the Output into other systems, applications, or processes, is prohibited.6. The User is prohibited from manipulating the Software or attempting to manipulate it in order to achieve functions other than those intended and/or to obtain information that is not required for the proper use of the Software. Prohibited actions include, in particular:- the deliberate design of inputs to generate undesirable or harmful Output;- attempts to induce erroneous decisions by the Software through circumvention or deception techniques;- measures to analyze or replicate the underlying model, for example through extensive or systematic queries for the purpose of imitating system behavior;- analysis of the structure or functioning of the Software to identify vulnerabilities with the aim of obtaining confidential information or provoking faulty outputs;- attacks aimed at reconstructing training data or individual data points.7. Use of the Software for the purpose of commercial information brokerage, in particular on behalf of or in the interest of third parties, is prohibited.

§ 7 Availability of the Platform

1.When used under the paid version, TalentAid warrants an overall availability of the Platform of at least 99.5% per month at the handover point. The handover point is the router exit of TalentAid's data center.2. In the case of free use, constant and comprehensive availability of the Platform is not guaranteed. TalentAid further reserves the right to temporarily restrict the service due to maintenance work or further development, insofar as such measures are necessary for proper and improved operation.3. "Availability" means the User's ability to use all core functions of the Software. Maintenance periods as well as periods of malfunction within the agreed remedy time shall be deemed periods of availability of the Software. Periods of minor disruptions shall not be taken into account when calculating availability. For purposes of proving availability, the measurement tools of the provider in the data center shall be decisive.

§ 8 Liability of TalentAid

1.TalentAid shall be liable without limitation where the damage is caused by intent or gross negligence. TalentAid shall also be liable for slight negligence in the breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations the fulfillment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies), in each case limited to the foreseeable damage typical for this type of contract. TalentAid shall not be liable for slight negligence in the breach of obligations other than those set out above.2. The limitations of liability set out in the preceding paragraph shall not apply in the event of injury to life, body, or health, in the case of a defect following the assumption of a guarantee as to the quality of the product, or in the case of defects fraudulently concealed. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.3. To the extent that the liability of TalentAid is excluded or limited, this shall also apply

§ 9 Remuneration and Payment Terms for the Paid Version

1.The User shall pay the subscription fee agreed for use of the Platform.2.Invoicing shall be carried out on a monthly basis. The invoice is due for payment within fourteen (14) working days.

§ 10 Term and Termination of the Contract

1.This agreement is concluded for an indefinite period and may be terminated by either party by giving two (2) months' ordinary notice. The Users' statutory right of withdrawal as consumers remains unaffected.2.The right of either party to terminate the contract for good cause remains unaffected. Good cause for the provider exists in particular if the User materially or repeatedly breaches essential contractual obligations and fails to remedy such breach despite a warning and the granting of a reasonable cure period. TalentAid is also entitled to terminate the contract without notice if the User is in arrears with payment for more than two months. For the User, good cause exists in particular if the Platform is not usable in accordance with the contract for a substantial period of time and TalentAid allows a reasonable grace period set by the User to lapse without remedy, or if insolvency proceedings are opened against TalentAid.3. Irrespective of the termination of the contractual relationship regardless of the legal grounds the User is entitled to:- switch to another provider of data processing services, or- transfer all exportable data and digital assets to its own ICT infrastructure, or- request the deletion of all exportable data after termination of the contract.4. TalentAid undertakes, sixty (60) calendar days after expiry of the notice period, or—in the event the User exercises the statutory right of withdrawal—sixty (60) calendar days after exercise of such right of withdrawal, or—in the event of extraordinary termination—sixty (60) calendar days after receipt of the termination notice, to:- provide all exportable data and digital assets in a structured, commonly used, and machine-readable format (e.g. CSV or Excel);- provide appropriate support to the User and third parties authorized by them in effecting the switch;- maintain the continuity of the Platform during the transition period; and- ensure a high level of data security during the switching process.5. After expiry of this period, the data shall be deleted in full, unless statutory retention obligations require otherwise.6. The contract shall be deemed terminated once the switching process has been successfully completed or the User, after expiry of the two-month notice period, requests deletion of the exportable data and digital assets following termination of the service. In the event of extraordinary termination or the exercise of the consumer right of withdrawal, the statutory support obligations pursuant to Article 25 of Regulation (EU) 2023/2854 shall continue to apply until completion of the switching or deletion process.7. The following categories of data and digital assets may be exported:- User usage data;- data and documents uploaded by Users;- documents revised by TalentAid for the User.8. The following categories of data and digital assets may not be exported:- algorithms developed by TalentAid;- data aggregated by TalentAid; and- internal system, operational, and security data of TalentAid, provided that their retention does not prevent or delay switching to another provider.9. Provision of the exportable data in a standard format shall be free of charge. Any additional support services (e.g. data conversions, migration to third-party systems, API integrations) shall be charged to the Users at reasonable fees based on the actual costs incurred.

§ 11 Data Protection

TalentAid collects, processes, and uses Users' personal data in compliance with the applicable data protection laws and in accordance with its privacy policy.

Terms of Service