Section 1 General provisions and scope of application
1. The following Generals Terms and Conditions apply to all business relations between the user and Smartjobr GmbH, Voßstr. 9, 30161 Hannover, Germany (hereinafter referred to as "Smartjobr"). The respective version of these General Terms and Conditions valid upon conclusion of the contract shall be decisive.
1.1 The services provided by Smartjobr are exclusively for entrepreneurs. Therefore, users within the meaning of these General Terms and Conditions can only be entrepreneurs.
1.2 An entrepreneur within the meaning of the General Terms and Conditions is regarding to § 14 BGB a natural or legal person or a partnership with legal responsibility performing their commercial or independent professional activities when entering a legal transaction with Smartjobr. A partnership with legal responsibility is a partnership with the capacity to acquire rights and accept obligations. Within this meaning, an entrepreneur can also be a customer who represents a special fund.
2. Subject of use
2.1 The service developed by Smartjobr is a mobile Job Platform (app for iOS and Android) and business network (hereinafter referred to as the "Job Platform", which allows the user to post job offers for freelancers. Customers can post job offers with a corresponding requirement profile and search the database for suitable freelancers in a targeted manner by entering their requirements and get in touch with candidates. Freelancers can post information about their personal qualifications and availability and can also react directly to customers' job offers. The actual contract is concluded within the framework of individual communication between the customer and the respective freelancer and is therefore not subject to the usage agreement.
In addition to the free functions, Smartjobr also offers paid service plans to users. At the moment, users can purchase a premium account (for freelancers and customers) or a corporate account (only for customers). The corporate account contains all the premium account services and a license for an individual number of users (minimum: 3). Further information about the scope of the services offered can be found in the app under "Pricing" or at www.smartjobr.com
Smartjobr reserves the right to change the scope of the Job Platform.
2.2 User account
Free registration (a user account) is required to access the Smartjobr services.
The user registers by choosing their status as a customer or freelancer and enters their name and a valid e-mail address. The user also selects a personal password.
During registration, the user acknowledges these General Terms and Conditions as binding and declares their agreement with the publication of the submitted job offers or requirement profile using the Smartjobr mobile app. Furthermore, the user agrees that Smartjobr is entitled to contact the user using the e-mail address provided and that Smartjobr is also permitted to forward requests from potential contractual partners (freelancers or customers) to the user within the framework of the app or via e-mail.
Following registration, the user shall receive an e-mail from Smartjobr with a confirmation code, which the user must use to verify the entered e-mail address.
By registering, the user will open a free account with Smartjobr.
Smartjobr shall provide the user with access to all premium account services free of charge for a trial period of 14 days after creation of the user account. At the end of the trial period, the account will continue automatically with the free basic feature.
The user account cannot be transferred to third parties by the customer. Smartjobr is entitled to perform a transfer within the framework of corporate accounts. For this purpose, the customer must contact the Smartjobr account management team in writing or by e-mail (email@example.com).
If the data specified during the registration process changes after registration, the user is responsible for correcting this information in their user account without delay. Users are required to keep their selected password confidential and carefully prevent access to their membership account. Users are required to immediately inform Smartjobr if there are indications that a member account has been misused by third parties.
Smartjobr does not know users' passwords and has no way to access them. Smartjobr will never ask a user for their password by e-mail or phone.
Users are generally responsible for all activities performed using their user account. If the user is not responsible for the misuse of their user account because they have not violated their existing due diligence obligations, the user shall not be liable. Smartjobr does not adopt content uploaded by customers as its own and does not control or update the content uploaded by customers, so the customer is responsible for updating all data and content.
3. Information about the conclusion of the user agreement
The agreement shall be concluded as follows:
The usage agreement shall be concluded when the user completes the registration process in the Smartjobr app, thereby submitting an offer to conclude a free-of-charge usage agreement by clicking the "Register" button. By clicking on the "Register" button, the user confirms that they are an entrepreneur within the meaning of Paragraph 1.2 of these General Terms and Conditions. The offer made by the customer shall in turn be accepted by Smartjobr by creating a user account.
Before clicking on the "Register" button, the user can amend or delete their entries at any time using the standard key functions.
A contract for additional paid services in the premium account (hereinafter referred to as the "Premium Account" for short) is concluded as follows:
Once the user has logged into their free user account, they should open the "Pricing" menu item. They can then choose between different periods for the premium feature. This is passed on to the Apple App Store or Google Play Store, depending on which mobile device is used by the user. To purchase one of the offered premium features, the user must have an appropriate account in the Apple App Store or Google Play Store, or create a new account and authenticate this with their password. The contract is concluded using the Apple App Store or Google Play Store.
Payments are made using the payment functions of the respective stores (currently the Apple App Store and Google Play Store).
A contract for additional payable services in the form of a corporate account is only possible through individual communication between the user and Smartjobr. A binding booking of the corporate account is therefore not possible within the framework of the app. The charges for the corporate account shall be settled by invoice. The main performance characteristics are defined in the respectively valid performance overview, which can be found under www.smartjobr.com.
The availability period of the premium features in the premium account shall be automatically extended by the respective previously requested period of use and, if the customer does not want them to be extended, this must be actively cancelled by the customer. The main performance characteristics are defined in the respectively valid performance overview, which can be found under www.smartjobr.com and in the app under "Pricing".
The availability period of the premium features within the scope of the corporate account is also automatically extended by the previous performance period unless terminated in writing or by e-mail four weeks before the expiration date.
The contractual text is not stored by Smartjobr and is therefore not retrievable by the customer.
The contract is available in the following languages:
German and English.
4. Availability period and termination
The free user account can be terminated by the user at any time without providing reasons. The account can be terminated by sending a statement, including the member's name, by e-mail to firstname.lastname@example.org or by post to:
After the account has been terminated, the user's account will be deleted and the contract will end.
Availability period and termination of premium features upon purchase (in-app purchase) within the app:
The premium features are automatically extended by the respective selected period of time unless the user has already cancelled the service. The user can cancel the relevant subscription for their account in the Apple App Store or Google Play Store and thereby terminate the service. After expiration of the purchased premium features, the user account will automatically continue as a free user account upon termination.
Availability period and termination of premium features within the scope of the corporate account:
The availability period of the premium features within the scope of the corporate account is also automatically extended by the previous availability period unless terminated in writing or by e-mail at least four weeks before the expiration date.
The right of both parties to terminate for good cause remains unaffected by the aforementioned provision.
5. Responsibility of the user/granting of rights
5.1 If the user makes content available on the Smartjobr website or uses the Smartjobr app for the purpose of publishing content on the Smartjobr Job Platform, the user is solely responsible for the content. Smartjobr is not obliged to examine the content uploaded by the user for any errors or to check its legal permissibility. The third-party content of the user is published with no individual checks by Smartjobr.
5.2 The user guarantees that the content, job offers and requirement profiles (in particular text, logos, photos) which they upload for publication are free of third-party rights, that they have been granted a corresponding right of use/exploitation and that this content does not violate any applicable laws. In particular, the user also guarantees that the uploaded content reflects the actual situation and that they have adhered to the legal requirements. This in particular applies to the provisions of the German General Equal Treatment Act (Gleichbehandlungsgesetz) with regard to job offers.
5.3 Upon first request, the user shall release Smartjobr from all third-party claims made against Smartjobr due to an alleged infringement relating to the content uploaded by the user.
5.4 The user is fully responsible for the content in their profile and the content they upload to the Job Platform using the Smartjobr services. Accordingly, the user accepts full responsibility for the legality of their conduct in accordance with the applicable legal provisions.
5.5 If Smartjobr is aware of any manifestly illegal use, Smartjobr is entitled to block or delete the corresponding content of the user and/or profile data.
5.6 Furthermore, each user undertakes not to misuse the services offered by Smartjobr.
5.7 Smartjobr reserves the right not to publish any content that violates statutory requirements or morality or if the publication of the data on the Job Platform operated by Smartjobr is unacceptable for other reasons.
5.8 Smartjobr reserves the right to remove unauthorised content without prior notice.
5.9 Sending contact messages using the Smartjobr services is only permissible for the initiation of a specific contractual relationship. Any other use, in particular for the purpose of sending advertisements, is not permitted.
In particular, the user undertakes not to use the services offered by Smartjobr to send or transfer unauthorised material. This in particular refers to insinuating statements and/or sexually explicit material, including corresponding photographs. In addition, the texts, images and profile information used by the member must not violate any applicable laws. In particular, they must not contain any
- Slanders, defamation, threats or harassment,
- Obscenities or child pornography
5.10 Smartjobr reserves the right to prevent the user from gaining access to the services in the event of misuse of the Smartjobr services or the illegal use of the services.
5.11 The job offers or requirement profiles made available by the user may be protected by copyright or contain protected trademarks. The user grants Smartjobr the right to make the provided content accessible on the internet in the event of queries and in particular to reproduce and transmit the content and reproduce it for the purpose of data backup.
The user agrees to the publication of the personal data stored by the user in their profile. The user can customise the release of data as required by adjusting the settings in their user account.
The user is responsible for compliance with the provisions of the Data Protection Act of the Federal Republic of Germany (Datenschutzrecht).
5.12 The users themselves are responsible for archiving the information accessible on the network on an independent storage medium if required in the long term for their own purposes.
Users may not use addresses, contact details or e-mail addresses obtained through the use of the Smartjobr services for any purposes other than for communication within the framework of the contractual use of the Job Platform. In particular, users are not permitted to resell this data or use it for the distribution of advertisements.
5.13 Smartjobr reserves the right to amend or supplement these principles as far as this is reasonable for the members, taking into account the legitimate interests of Smartjobr.
5.14 Smartjobr is not responsible for the content provided by the users.
6. Sanctions, bans and termination
Smartjobr may take the following measures if there are clear indications that a user has violated legal regulations, third-party rights or these Terms and Conditions of Use during the use of Smartjobr's services or if Smartjobr has any other legitimate interest, in particular to protect further users against illegal activities:
A) Deleting/banning user accounts
B) Warning sent to registered users
C) Restriction/limitation of the use of Smartjobr services
When choosing which measure to take, Smartjobr shall consider the legitimate interests of the affected user, in particular whether there is any indication that the user may not have caused the violation.
Smartjobr can permanently exclude a user from the use of Smartjobr's online services (permanent ban) if the user:
A) Has provided incorrect contact details when registering,
B) Significantly harms other users of Smartjobr or Smartjobr services,
C) Or for other good cause.
Once a user has been permanently banned, it is not possible to recover the blocked user account. Once a user has been blocked, they will be unable to log on again with another user account.
The right of both parties to terminate the contract for good cause remains unaffected by the aforementioned provision.
7. Limitations of liability
Smartjobr is only liable in case of intent and gross negligence. Smartjobr shall also be liable for negligent breach of obligations if this has resulted in the loss of life, injury or illness or if a guarantee or claims arising from product liability laws are affected. Smartjobr is also liable for damages they have caused as a result of the simple negligent breach of contractual obligations when their fulfilment is essential for the proper execution of the contract and the observance of which the contractual partner can usually rely upon. In the latter case, however, Smartjobr is not liable for unforeseeable, non-contractual damages. Smartjobr is not liable for minor negligence of other obligations. The abovementioned limitations of liability also apply to Smartjobr's assistants.
8. Data privacy provisions
We collect, use and store your personal data exclusively in accordance with the provisions of the EU General Data Protection Regulation. Details about the nature, scope and purpose of this data collection and use are provided below.
Collection and processing of personal data
All access to our website and app and any retrieval of a file stored there shall be recorded. This data is stored for internal system-related and statistical purposes. The following data is logged: Name of the retrieved file, date and time of the retrieval, transferred data volume, notification of successful retrieval, web browser and requesting domain. Further personal data is only collected if the user of the website or app provides voluntary information, e.g. within the context of a request or registration, for the conclusion of a contract or via the settings in their browser or the app. The user's data is collected within the scope of the app to provide the respective features.
Use and disclosure of personal data
If the user of our network has provided personal data, we only use this data to respond to requests by the user of our network, to execute contracts concluded with the network user and for the purpose of technical administration. We only pass on personal data to third parties or otherwise disclose this data if necessary for the purposes of executing the contract and billing, or if the network user has previously given their consent. Users' data logged during the use of the app shall be passed on to an anonymous partner company. The network user has the right to revoke any consent they have granted at any time with future effect.
Stored personal data is deleted if the network user revokes their consent to the storage of this data, if knowledge of this data is no longer required for the fulfilment of the purpose pursued with the storage of the data or if its storage is prohibited for other legal reasons. Data for billing and accounting purposes shall not be affected by a request to delete the data.
Use Fabric's mobile analytics SDK
The Smartjobr smartphone apps use Fabric's mobile analytics tool. This service, powered by Google Inc., is designed to improve the app and correct errors in the app. The data collected for this purpose is provided to Smartjobr in an anonymous form. The service determines whether a crash has occurred, which code line caused the crash and the type and operating system of the affected mobile device. This data is only used to analyse errors in the app and correct them in the future. No personal data is transferred during this process. Data protection for Fabric's mobile analytics can be viewed here: http://try.crashlytics.com/terms/privacy-policy.pdf
Right to information
Upon written request, we shall inform the website user about their stored personal data. The request should be sent to the following address:
9. Final provisions / amendments to the General Terms and Conditions
9.1 Smartjobr reserves the right to amend these General Terms and Conditions. The amended terms and conditions shall be sent by e-mail to each member at least two weeks before the amendment takes effect. If a member objects to the amended Terms and Conditions of Use, their membership shall expire.
9.2 German law is applicable. The application of the law on the United Nations Convention on the International Sale of Goods (CISG) is hereby excluded.
9.3 If individual provisions of these General Terms and Conditions are wholly or partly invalid, this shall not affect the validity of the contract or the remaining provisions thereof.