General Terms and Conditions

General Terms and Conditions of the Jobortunity.ai Platform

§ 1 Scope of these Terms and Conditions and Subject Matter of Individual Contracts (1) Jobortunity.ai UG (limited liability), Seeweg 26, 83236 Übersee (hereinafter referred to as "Jobortunity.ai UG") provides a web-based job search platform with aggregated job offers (hereinafter referred to as "Platform"). (2) Jobortunity.ai grants access to its web-based platform via the Internet for a fee and for a period limited to the duration of the individual contract. (3) Jobortunity.ai includes these General Terms and Conditions in all contracts in accordance with paragraph 2. (4) The customer's deviating general terms and conditions shall not become part of the contract.

§ 2 Services provided by Jobortunity.ai (1) Jobortunity.ai grants the customer the use of the latest version of the platform via the Internet by means of access through a browser. (2) Jobortunity.ai guarantees the functionality and availability of the platform for the duration of the contractual relationship and will maintain it in a condition suitable for contractual use. (3) The functionality owed is based on the platform description on the Jobortunity.ai website at the time of conclusion of the contract. (4) Jobortunity.ai collects the listed job offers from reputable sources. However, the accuracy of the aggregated job information presented to the customer via the platform is not manually verified. (5) Jobortunity.ai may, without being obliged to do so, update or further develop the platform at any time and, in particular, adapt it due to changes in the legal situation, technical developments, or to improve IT security. Jobortunity.ai will take the legitimate interests of the customer into account appropriately and inform the customer in good time about necessary updates. In the event of a significant impairment of the legitimate interests of the customer, the customer shall be entitled to a special right of termination. (6) Jobortunity.ai is not obliged to adapt the platform to the individual needs or IT environment of the customer. (7) Jobortunity.ai will maintain the platform regularly and inform the customer in good time of any associated restrictions. (8) Jobortunity.ai will ensure that the data stored in the user's account is accessible and can be exported in a structured, machine-readable format. (9) Jobortunity.ai will take state-of-the-art measures to protect the data. However, Jobortunity.ai assumes no safekeeping or custodial obligations with respect to the data. The customer is responsible for ensuring that the data is adequately secured.

§ 3 Scope of use and rights (1) The platform will not be physically transferred to the customer. (2) The customer receives a non-exclusive, non-sublicensable and non-transferable right to use the platform via a browser for job searches for one (1) user on the latest version of the platform, limited to the term of this agreement.

§ 4 Support Jobortunity.ai will set up a support service for customer inquiries regarding the platform's functions. Inquiries can be made by email. Inquiries will generally be processed in the order in which they are received.

§ 5 Service Levels; Troubleshooting (1) Jobortunity.ai guarantees a total availability of services of at least 95% per month at the transfer point. The transfer point is the connection of the host used by Jobortunity.ai to the public network. (2) Availability is defined as the customer's ability to use all main functions of the platform. Maintenance times and times of malfunction in compliance with the repair time are considered times of platform availability. Times of insignificant malfunctions, i.e., those that do not impair the availability of the platform's functionality, are not taken into account when calculating availability. Jobortunity.ai's measuring instruments in the data center are decisive for proving availability. (3) The customer must report malfunctions to Jobortunity.ai immediately. Malfunction reporting and rectification is guaranteed Monday to Friday (except national holidays) between 9:00 a.m. and 6:00 p.m. (service hours). (4) Jobortunity.ai will also remedy serious malfunctions (where use of the platform as a whole or a main function of the platform is not possible) outside of service hours. (5) The rectification of minor malfunctions is at the discretion of Jobortunity.ai. (6) If Jobortunity.ai falls short of the contractually agreed minimum monthly availability, the monthly remuneration shall be reduced accordingly. The offset/credit will be applied in the following month.

§ 6 Obligations of the customer (1) The customer must protect and store the access data provided to them in accordance with the state of the art against access by third parties. The customer shall ensure that use only takes place within the scope agreed in the contract. Jobortunity.ai must be notified immediately of any unauthorized access. (2) The customer is obliged not to store any data on the storage space provided whose use violates applicable law, official orders, third-party rights, or agreements with third parties, and not to generate such data specifically by using the AI tools provided. (3) The customer is obliged to avoid misuse of the AI functionality provided, for example through prompt injection or other techniques. (4) The customer is responsible for regularly performing appropriate data backups. (5) The customer undertakes not to use their platform access for scraping, bot activities, mass downloads, reverse engineering of the platform, or for purposes of unfair competition (in particular exporting job data for commercial purposes). In the event of a breach of this obligation, Jobortunity.ai may impose an appropriate contractual penalty, which shall be subject to judicial review.

§ 7 Warranty (1) With regard to the granting of use of the platform and the provision of storage space, the statutory provisions on lease agreements pursuant to §§ 535 et seq. of the German Civil Code (BGB) shall apply. (2) The customer must notify Jobortunity.ai of any defects without delay. (3) The warranty for only insignificant reductions in the suitability of the service is excluded. Strict liability pursuant to

§ 536a (1) BGB for defects that already existed at the time of conclusion of the contract is excluded.

§ 8 Liability (1) The parties shall be liable without limitation in cases of intent, gross negligence, and culpable injury to life, limb, or health. (2) Notwithstanding the cases of unlimited liability pursuant to paragraph 1, the parties shall only be liable to each other for slightly negligent breaches of duty in the event of a breach of essential contractual obligations, i.e., obligations whose fulfillment is essential for the proper execution of the contract or whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the other party may regularly rely, however, this shall be limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract. (3) Claims arising from incorrect information from aggregated sources must be asserted against the persons from whom we obtained such information. (4) The above limitations of liability do not apply to liability under the Product Liability Act or in the context of guarantees assumed in writing by one of the parties. (5) The provisions in this paragraph also apply in favor of employees, representatives, and organs of the parties.

§ 9 Legal defects; indemnification (1) Jobortunity.ai warrants that the platform does not infringe any third-party rights. Jobortunity.ai shall indemnify the customer against all third-party claims for infringements of property rights for which it is responsible in connection with the contractual use of the platform upon first request and shall reimburse the costs of reasonable legal action. The customer shall immediately inform Jobortunity.ai of any claims asserted against it by third parties due to the contractual use of the platform and shall grant it all necessary powers of attorney and authorizations to defend the claims. (2) The customer warrants that the content and data stored on Jobortunity.ai's servers, as well as its use and provision by Jobortunity.ai, do not violate applicable law, official orders, third- party rights, or agreements with third parties. The customer shall indemnify Jobortunity.ai against any claims asserted by third parties due to a violation of this clause upon first request.

§ 10 Remuneration and payment terms (1) The customer shall pay Jobortunity.ai a monthly fee in the amount agreed upon at the conclusion of the contract. (2) The amount of the remuneration owed depends on the selected monthly or quarterly subscription. No remuneration is owed for the trial subscription. (3) Invoices are issued monthly. (4) The invoices issued are due for payment within 14 business days.

§ 11 Contract term and termination (1) The individual contracts incorporating these General Terms and Conditions are concluded for an indefinite period. (2) The contract may be terminated by either party with three months' notice to the end of the month. (3) The right to terminate without notice for good cause remains unaffected. Termination must be made in writing in all cases. (4) Jobortunity.ai will irretrievably delete all customer data remaining on its servers 30 days after termination of the contractual relationship, unless the customer was unable to use the export function within this period through no fault of their own.

§ 12 Data protection; confidentiality; intellectual property rights (1) Jobortunity.ai will comply with the applicable data protection regulations. Reference is made to Jobortunity.ai's privacy policy. (2) The customer remains the owner of all rights to the content uploaded by them or created using the platform. (3) The customer grants Jobortunity.ai a simple, non-transferable right to technically process, store, reproduce, and make the content available to the customer for the sole purpose of providing the platform. This includes in particular: - Storage on servers belonging to Jobortunity.ai and commissioned subcontractors (e.g., cloud hosting, databases); - Processing by AI functions with the involvement of external AI service providers; - Creation of backups for data security; - Provision of export and download functions. (4) The customer is obliged to ensure that the uploaded works are free of third-party rights. The customer indemnifies Jobortunity.ai against all third-party claims resulting from a breach of this obligation. (5) Jobortunity.ai undertakes to maintain confidentiality regarding any confidential information transmitted to it and not to disclose, pass on, or use such information in any other way to third parties. Confidential information is information that is marked as confidential or whose confidentiality is apparent from the circumstances. The confidentiality obligation does not apply if Jobortunity.ai is required by law or by an existing or legally binding decision of an authority or court to disclose the confidential information. Jobortunity.ai undertakes to agree on a provision with all employees and subcontractors that is identical in content to the above paragraph.

§ 13 Final provisions (1) The customer is informed of their consumer right of withdrawal as follows: Cancellation policy Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Jobortunity.ai UG (limited liability), Seeweg 26, 83236 Übersee, email: withdrawal@jobortunity.ai) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires. Consequences of withdrawal If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. Sample withdrawal form (If you wish to withdraw from the contract, please fill out this form and send it back.) - To Jobortunity.ai UG (limited liability), Seeweg 26, 83236 Übersee, email: withdrawal@jobortunity.ai: - I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) - Ordered on (*)/received on (*) - Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only for paper notifications) - Date (*) Delete as applicable. (2) German law applies, excluding conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention).