Terms and Conditions

Users of the Services offered by MindMatch acknowledge and accept these terms and conditions.

MindMatch GmbH
Schlesische Straße 26, Eingang B, Etage 5
10997 Berlin, Germany
Chamber of Commerce of Berlin, no. of registration: HRB 191247 B
VAT-ID: DE314568137
Managing Director: Sohraab Joshi
email: hello@mindmatch.ai
Phone: +4917640560151

Introduction

This document

This document is a legal agreement between you, the User, and the entity providing MindMatch. It governs your use of the online properties and, in any case, the use of the services provided. “Legal agreement” means that the terms of this Agreement are binding on the relationship between you and us once you have accepted the terms. Unless otherwise specified, all provisions of this Terms and Conditions apply without distinctions to Clients, Candidates and other users (jointly referred to as “User” ). For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. ”MindMatch GmbH”, “we”, “our”, “us” and similar terms refer to the corporation that owns and manages MindMatch as outlined in the present document. “MindMatch” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.

Acceptance of this Agreement

In order to use MindMatch, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.

Information about MindMatch

MindMatch is a tool allowing Users qualifying as Clients to manage, organise and filter applications submitted by job seeking Candidates for a specific vacancy (“managing and filtering features”). In addition, MindMatch may make available to Clients Candidates' professional profiles suitable for the Client's needs as specified to MindMatch or otherwise made public (i.e. via job postings, vacancies etc.). Such profiles shall be made available to MindMatch by the Candidates themselves or sourced from third parties entitled and legitimated to transfer such personal data and information to MindMatch (“matching features”). Furthermore, Candidates can apply for a specific job of a Client through an apply form on the website. After clicking on a job ad on various job boards or social media sites Candidates are routed to job pages created by MindMatch for the Clients. On this job page Candidates have to provide their name, email, phone and CV to send an application. The Client can see the applications on the platform and contact the Candidate directly.

Registration, content on MindMatch and prohibited use of MindMatch

Registration

In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential and not to make such data available to unauthorized third parties. We do not assume liability for misused passwords unless we are responsible for the abuse. You should notify us immediately if you are concerned about a third party having knowledge of your password, if the password is used unauthorized or this seems to be likely. You are responsible for ensuring that your information is accurate and complete and that you notify us of any changes to the information provided. After completing communication with MindMatch you should log out and close the browser window, especially if you share the computer with other people. It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credentials.

Deleting User accounts and account termination

Registered Users can cancel their accounts and stop using the Service at any time, by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice. The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:

User has violated this Agreement; and/or
User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
the use of MindMatch by the User may result in violation of law or regulations; and/or
in case of an investigation by legal action or governmental involvement; and/or
the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through MindMatch, that they upload and post on or through MindMatch, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service. The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal. In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:

other Users file complaints;
a notice of infringement of intellectual property rights is received;
it is decided to do so in view of, or as a result of, legal actions;
said action is solicited by a public authority; or
if it is believed that the content, while being accessible via MindMatch, may put at risk the Users, third parties, the availability of the Service and/or the Owner.
In particular, Users bear the sole and exclusive responsibility for the personal data and information relating to third parties including, but not limited to, Candidates and for informing such third parties and collecting all relevant and legally necessary consents of such third parties to the transfer of personal data to MindMatch and to the processing of personal data by MindMatch according to MindMatch's Privacy Policy, as required by and in compliance with applicable data protection law.

Rights over content provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain MindMatch. By submitting, posting or displaying content on or through MindMatch, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later. MindMatch shall not collect, process, sell, transfer, disseminate or otherwise use personal data and information relating to third parties (such as Candidates) and provided by Users for scopes different from those contractually due and stated, or those consented to by the respective Data Subject or allowed by applicable law. For further information please see Privacy Policy of MindMatch.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on MindMatch. The Owner is not responsible for the content provided by third parties or for its availability.

Services provided by third parties

Users may use third-party services or content included in MindMatch, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

Forbidden use

The Service shall be used only in accordance with these Terms. Users may not: · reverse engineer, decompile, disassemble, modify or create derivative works based on MindMatch or any portion of it; · circumvent any technology used by MindMatch or its licensors to protect content accessible via it; · copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through MindMatch; · use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of MindMatch or its content; · rent, lease or sublicense MindMatch; · defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity); · disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate; · misappropriate any account in use by another User; · register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through MindMatch in any way; · use MindMatch in any other improper manner that violates the Terms.

Client's Obligations When using the application managing and filtering features provided by MindMatch, Clients are welcome to recommend MindMatch to all Candidates they finally reject within their application procedure as an effective tool to find an employment. In order to do so, Clients acknowledge and accept that they may be obliged to collect their Candidates' consent to e-mail marketing for services offered by third parties upfront, as required by applicable law. When using MindMatch matching features, i.e. the provision of Candidates' profiles to Clients at their demand, Clients acknowledge and accept that such profiles do not undergo any assessment or check by MindMatch and are made available to MindMatch by Candidates themselves or by third parties authorised to do so (such as professional recruiters). Clients commit to collect, process and use personal data and information received in this way only to the extent and within the limits of the single recruiting process, provided the relevant Candidate does not withdraw his/her consent to further processing at any time.

Terms and conditions of sale

Purchase Paid services MindMatch provides for additional services and subscriptions available upon payment of a fee. The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of MindMatch.

Recurring subscription User can purchase, inter alia, slots (30 days spend budget) on the system with a validity of 12 months. Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.

Purchasing process The purchase of services must be completed offline. To these ends, Clients may contact the Owner at the contact details specified above.

Methods of payment MindMatch uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way. Any declined payment costs shall be borne by the User.

Indemnification and limitation of liability

The Service is provided “as is” The Owner provides the Services strictly on an “as is” basis. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The Owner makes no warranties or representations as to the accuracy or completeness of any “content” and assumes no liability or responsibility for any: · errors, omissions or inaccuracies in any “content”; · personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services and MindMatch; · any unauthorized access to or use of our systems and/or information accessible through such systems; · any interruption of the Services; · any viruses, trojan horses, bugs, malware or the like in or transferred through the Services or through the actions of any third party; · any access to your mobile phone and/or information available through such access; and/or · any loss or damage of any kind incurred as a result of the use of the Services. The Owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the Services or any website or application accessible through the Services. No action from or on behalf of the Owner or any other source shall create any warranty not expressly stated in this Agreement. Some jurisdictions do not allow the exclusion of warranties, therefore the above exclusions may not apply to you.

Indemnity The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights. In particular, Users guarantee that they are legitimated and entitled to provide personal data and information relating to third parties, including but not limited to Candidates, to MindMatch to the extent, within the limits and for the scopes specified in these Terms and Conditions and in the Privacy Policy of MindMatch. In case such legitimization and entitlement should expire due to any reason including, but not limited to, the Data Subject's withdrawal of consent, Users commit to inform MindMatch accurately and without undue delay at the contact details specified above.

Limitations of liability MindMatch and all functions accessible through MindMatch are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals. MindMatch and functions accessible through MindMatch are used by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of MindMatch. Therefore, the Owner shall not be liable for: · any losses that are not a direct consequence of the breach of the Agreement by the Owner; · any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.); · damages or losses resulting from interruptions or malfunctions of MindMatch due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and · incorrect or unsuitable use of MindMatch by Users or third parties. Miscellaneous Service interruption To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on MindMatch.

Service reselling Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of MindMatch and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.

Privacy policy For information about the use of their personal data, Users must refer to the Privacy Policy of MindMatch which is hereby considered to be part of these Terms. The Privacy Policy can be found under: https://mindmatch.ai/policies/privacy.

Intellectual property rights All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning MindMatch are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on MindMatch are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Age eligibility Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use MindMatch.

Changes to these Terms The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within MindMatch. Users who continue to use MindMatch after the publication of the changes accept the new Terms in their entirety.

Assignment of contract The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected. Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner. Contacts All communications relating to MindMatch must be sent using the contacts stated in these Terms and Conditions.

Severability If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction These Terms and any dispute concerning the implementation, interpretation and validity of this Agreement are subject to the laws of Germany. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers. Definitions Service The service provided by MindMatch as described in these Terms and in MindMatch. User Any user of the Service, whether a human being or legal entity. Terms and Conditions (or Terms) These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner. Client A User benefitting of MindMatch's Services acting as potential employer or recruiter. Candidate A User benefitting of MindMatch's Services acting as potential employee.