General Terms & Conditions

A. Subject of the GTC of MYSOLITY

1. All of the following provisions refer to the platforms, digital marketplaces, software developments and related services (hereinafter also referred to as "MYSOLITY Platform") offered by MySolity GmbH, Cologne (hereinafter also referred to as "MYSOLITY"), under various Internet domains (including mysolity.com) to natural and legal persons (hereinafter also referred to as "Candidates") as well as companies and personnel service providers (hereinafter also referred to as "Partners"). Candidates and partners are jointly referred to below as "users".

2. These GTC define the conditions under which the use of the MYSOLITY platform by users takes place. These General Terms and Conditions ("GTC") apply exclusively to all users of the MYSOLITY platform.

3. deviating terms and conditions or general terms and conditions of the user do not become contractual terms even if MYSOLITY does not explicitly object to the deviating terms and conditions or provides the contractual services to the user without reservation in the knowledge of conflicting or deviating terms and conditions of the user.

4. persons who are not yet of age and legally competent are not allowed to use the MYSOLITY platform and services and are also not allowed to register. MYSOLITY is entitled to verify the personal data and identities of the users and to demand appropriate proof for this purpose.

B. Availability of the MYSOLITY platform

1. MYSOLITY offers cloud- and internet-based services for the presentation of candidate and client information, in particular business profiles, project offers, job postings. The profiles and project postings show job advertisements and personal data of the users, which are provided and edited by the candidates and clients themselves to be published and presented on the MYSOLITY platform. For this purpose, MYSOLITY provides users with technical functions and software for presentation, search and communication via the MYSOLITY platform. MYSOLITY also offers clients and candidates software-based tools for publishing content (e.g. business profiles, project postings) as well as software for search, selection and communication via databases (e.g. candidate databases, client databases, online marketplaces, chats). For users, MYSOLITY facilitates project and candidate search and contact on the MYSOLITY platform and provides software-based tools for open content presentation (e.g., resumes, qualifications, projects, case studies, videos, photos, personal data). It should be noted that MYSOLITY's services also include the mediation of assignments, projects or the placement of freelance or self-employed candidates. In addition, MYSOLITY's service consists primarily of providing candidates and clients with access to the MYSOLITY platform and the presentation of user information there, as well as the exchange of information and communication.

2. Candidates have the possibility to take out a free membership or a paid premium membership. The use of the MYSOLITY platform by candidates requires the conclusion of a user contract.

3. With complete registration and the resulting use of the MYSOLITY platform, the user receives the personal, non-transferable and non-exclusive right to use the MYSOLITY platform via the internet portals of MYSOLITY itself and only for its own purposes in accordance with these GTC. Any use of the MYSOLITY platform that deviates from this requires the express, separate, prior, written consent of MYSOLITY. This applies in particular to the duplication as well as the transfer or making available of the MYSOLITY platform or the transmission of data to third parties, or parts thereof, against payment or free of charge, even if this takes place on electronic media in the possession of the users.

4. MYSOLITY always endeavors to provide the MYSOLITY platform without significant interruptions, if possible. However, it is expressly pointed out that an unrestricted availability, also due to maintenance work, is not promised by MYSOLITY. In particular, access to the MYSOLITY platform and downtime due to technical or other problems beyond the control of MYSOLITY (force majeure, fault of third parties, etc.) are not the responsibility of MYSOLITY. According to the state of the art, errors in the cloud, software, programs cannot be excluded even with the utmost care.

5. MYSOLITY does not assume any guarantee or responsibility for the correctness of the communication exchanged between candidates and clients via the MYSOLITY platform. This applies in particular to the data transmitted by candidates and clients (e.g. information in the CV, qualifications or references) and case studies, project and job advertisements. The respective recipient of this information and data is therefore required to always check the information received for correctness and completeness himself/herself.

6. MYSOLITY cannot promise or guarantee a successful placement of candidates and orders from clients to any user.

C. Duties of candidates and clients

1. The user is solely responsible for the content of a candidate profile, project advertisement, job advertisement or direct and indirect communication. All information provided by the user must be truthful. Statements and actions of the users are not attributable to MYSOLITY. The user is not allowed to post discriminatory, immoral, politically radical or other illegal content. In particular, the user bears sole legal responsibility for the content he or she posts. All documents, information and data posted by the user must be lawful and free of third party rights (e.g. copyright, trademark, personal rights and other rights). It is also not permitted to post or manage profiles for third parties.

2. Every user is obliged to treat e-mails and other messages or other data of users, which he receives in connection with the use of the MYSOLITY platform, confidentially and not to make them accessible to third parties without the consent of their originator.

It is the responsibility of the user to keep an up-to-date backup copy of all content and data on the MYSOLITY platform, so that in the event of a system failure, the data can be reconstructed as completely as possible with as little effort as possible.

4. Any use or exploitation of the MYSOLITY platform for other purposes is prohibited. In particular, the collection and storage of data from the databases as well as the complete, partial or partial use of the data (e.g. address or other directories as well as the reading of the databases) for other commercial purposes is prohibited. 5.

5. The user is prohibited from using any tools, mechanisms, software or scripts in connection with the use of the MYSOLITY platform, as well as blocking, overwriting, modifying, transferring, in particular copying by technical means such as "bots/crawlers" or search engine tools. The User may only use interfaces or software provided to him/her by MYSOLITY within the framework of the MYSOLITY platform.

6. Furthermore, the user must refrain from any action that could impair the functionality of the MYSOLITY platform and its infrastructure, in particular by placing an excessive load on it.

D. Limitations of liability

The following provisions on the limitation of liability of MYSOLITY apply to all claims for damages and liability cases, regardless of the legal grounds on which they are based (e.g. default, impossibility, breach of duty, impediment to performance, tort, etc.) except for:

- claims of the user due to damages resulting from injury to life, body and health

- rights and claims of the User in case of fraudulent concealment of a defect by MYSOLITY or due to the absence of a quality for which MYSOLITY has assumed a binding guarantee,

- claims and rights of the User based on intentional or grossly negligent conduct of MYSOLITY, its legal representatives or employees or attributable vicarious agents as well as claims of the User under the Product Liability Act.

For the foregoing exceptions, only the statutory provisions shall apply.

1. MYSOLITY shall be liable for damage caused by mere negligence only in case of breach of essential obligations (cardinal obligations), i.e. obligations the fulfillment of which is necessary to achieve the promised purpose of the contract or on the fulfillment of which the contractual partner may regularly rely. In the event of a breach of cardinal obligations, MYSOLITY's liability shall be limited to compensation for typical damage that was foreseeable for MYSOLITY at the time the contract was concluded. Apart from that, MYSOLITY shall not be liable for damages caused by slight or simple negligence.

2. The strict liability of MYSOLITY in the field of tenancy law and similar user relationships for defects already existing at the time of conclusion of the contract is excluded. Furthermore the liability of MYSOLITY for indirect or consequential damage is excluded.

3. The liability of MYSOLITY per case of damage amounts to a maximum of EUR 3.000,00.

4. If and inasmuch as the liability of MYSOLITY is excluded, this also applies to the personal liability of MYSOLITY's legal representatives, employees, other staff and attributable vicarious agents.

E. Other regulations

1. If MYSOLITY has knowledge or evidence that a user has violated legal regulations, third party rights, these GTC (e.g. by providing false data, false information about professional background, qualifications, references or by harming other members) or other legitimate interests of MYSOLITY (hereinafter: "suspicion of abuse"), MYSOLITY reserves the right to take measures against this member (e.g. deletion of content, restriction or blocking of the user, termination). When choosing the measure, MYSOLITY will take into account the interests of the MYSOLITY platform, its own liability risks and the legitimate interests of other claimants. Therefore, MYSOLITY is always entitled, but not obligated, to review the content of any text as well as any medium and, if necessary and to the extent required, to modify or delete it. MYSOLITY always expressly reserves the right to take further measures. Legal claims of MYSOLITY remain unaffected by these measures. As far as necessary and reasonable, MYSOLITY will grant the user a reasonable period of time to comment and will inform the user about measures taken.

2. The contractual relationship between MYSOLITY and the respective User shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer rights in the home country of a user remain unaffected.

The place of jurisdiction for all disputes arising from the contractual relationship between the user and MYSOLITY is Cologne, Germany, provided that the user is a merchant, a legal entity, a company under public law or a special fund under public law. Otherwise, Cologne is agreed as the non-exclusive place of jurisdiction. Users who are consumers and live in another EU member state may choose to bring claims arising from consumer protection standards in Germany or in the EU member state in which they live.

F. General terms for candidates

1. MYSOLITY offers candidates the possibility to use the MYSOLITY platform for the presentation of their own business profile, project acquisition, job search, application, communication, reference collection and recommendations. In doing so, candidates have access to a free MYSOLITY Basic Membership, which offers the possibility of partial use of MYSOLITY services and software. The full use of the MYSOLITY platform with all functions is only possible after appropriate registration within the framework of the MYSOLITY premium membership, which triggers a cost obligation.

2. MYSOLITY is a platform with internet-based marketplaces for the presentation of qualified and mostly flexibly employable specialists and executives, especially as managers and consultants, who work as freelance or independent top professionals or experts. In order to meet this requirement, candidates must have sufficient qualifications and provide meaningful information about their expertise and skills. MYSOLITY reserves the right to take action if candidates do not meet the criteria.

G. Conclusion of contract and costs for candidates

1. The contract for a free membership is concluded as soon as the user has successfully registered with MYSOLITY.

2. The creation of a profile is free of charge, as well as the modification and exchange of the deposited data. A candidate can, also free of charge, receive contact from MYSOLITY on his profile and use the MYSOLITY platform to maintain his profile.

3. Candidates who wish to make full use of the MYSOLITY platform, i.e. with all functions and an open profile view, can only obtain this full usage option by purchasing a corresponding license ("premium membership"). For this purpose, candidates can initiate the process of acquiring a Premium Membership via a link (e.g. "Register", "Premium"). A contract is concluded after the candidate has selected the desired term of the Premium Membership and accepted it by clicking a button to purchase the membership or MYSOLITY's offer to conclude a usage contract. The user can correct input errors at any time before registering a membership. After registration of a client account, the information can be corrected in the candidate's profile account under the settings (e.g. "Account", "Settings" or "Payment Information"). In the process of acquiring a premium membership, input errors can be corrected by pressing the "next and back buttons" of the web browser and in the respective fields of the candidate profile.

MYSOLITY confirms the previously concluded contract to the candidate immediately by means of an automatically sent e-mail. This e-mail once again contains the content of the contract (in particular information on the selected membership, method of payment, total amount, information on these General Terms and Conditions and on the right of withdrawal) and can be saved and printed out using the corresponding functions of his e-mail program or web browser. The text of the contract and these General Terms and Conditions are not stored individually. However, candidates can access the essential information about their contract (term, price, information on termination) under "Account" or "Settings" in the candidate accounts. The General Terms and Conditions can also be accessed via the MYSOLITY website and printed and saved using the corresponding functions of the web browser.

H. Term and termination of free membership

Both parties shall have the right to terminate the free membership contract at any time. Ordinary termination by MYSOLITY shall take effect 3 days after receipt; termination declarations by the candidate shall take effect immediately upon verifiable receipt. A written notification to MYSOLITY or an e-mail to hello@mysolity.com, or a request to delete the profile, shall suffice for the candidate's declaration of termination.

The right to extraordinary termination shall remain unaffected. An extraordinary reason for termination exists in particular if

the candidate intentionally provides false information when registering or ordering and/or when subsequently changing his/her data

or repeatedly violates these General Terms and Conditions

and MYSOLITY has previously warned the candidate without success.

MYSOLITY shall be entitled to take measures in accordance with Section E.1. during the period set.

I. Term and termination of Premium Membership

Premium membership shall be concluded for the term agreed with MYSOLITY. The term shall be extended as agreed when the contract is concluded, but by a maximum of one year, unless one of the parties terminates the contract in good time in accordance with the contractual agreements.

The free trial period of 14 days is only valid once for each user. In the event of repeated bookings and changes to the Premium tariffs, free test phases are excluded, even if the system calculates bookings and changes with a time delay.

Cancellation is only effective if it

a) online in the profile

MYSOLITY profile link

app.mysolity.com/login

Path In the profile menu is Account * Cancel subscription * Cancel plan *

After canceling the Premium membership, the profile will be reset to a free Basic account.

b) in writing

MySolity GmbH

Erftstraße 15-17

50672 Cologne

Germany

The right to extraordinary termination remains unaffected. An extraordinary reason for termination exists in particular if

the candidate intentionally provides false information when registering or ordering and/or when subsequently changing his/her data

or repeatedly violates these General Terms and Conditions

J. Terms of payment for candidates

1. The payment of the respective license fee for a premium membership is to be made in advance, without any deduction to MYSOLITY. The fee will be automatically debited from or transferred to the user's account, PayPal account or credit card. The payment interval for a Premium Membership is determined by the respective agreement concluded.

2. By registering for a Premium Membership and providing the corresponding bank details, PayPal account details or credit card details, the User grants MYSOLITY a direct debit authorization for the direct debit procedure or the credit card debit, in the contractually agreed payment intervals, unless a bank transfer has been agreed, until revoked.

K. Duties of the Candidate

Candidates are prohibited from making other commercial advertisements in profiles for their own purposes or for third parties that are not in line with the purpose of MYSOLITY's services.
Photos, videos, media and other information sent to MYSOLITY for the publication of a candidate profile via the MYSOLITY platform must be relevant and up-to-date and allow identification of the respective candidate.
Candidates are free in their profile presentation and advertising activities and are not subject to any advice, influence or instruction by MYSOLITY. MYSOLITY does not assume any responsibility or liability towards third parties in this regard.

L. Revocation policy for consumers

Right of revocation

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is 14 days from the day of the conclusion of the contract. To exercise your right of revocation, you must inform us (MY SOLITY GmbH, Erftstr. 15-17, 50672 Köln, Germany, hello@mysolity.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post).

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we demonstrably received the notification of your revocation of 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 have requested that the service should begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of revocation with regard to this contract, compared to the total scope of the services provided for in the contract.

M. Additional regulations for clients

Publication of project offers and job advertisements and use of the candidate database

1. The use of the MYSOLITY platform as a client is only permitted to companies, providers, personnel and management consultancies in the exercise of their commercial or self-employed professional activity and is only possible after the conclusion of a user agreement with MYSOLITY. The use of the MYSOLITY platform for any other purpose than for the purpose of initiating a service or employment relationship in relation to project orders to be filled or vacancies is not permitted.

The MYSOLITY platform enables the posting and modification of project and job offers via the client profile. In doing so, the client can post, modify, deactivate or delete job advertisements for presentation on the MYSOLITY platform via special instruments or software tools. Clients also have the possibility to communicate with candidates via the MYSOLITY platform or via the open contact details.
The fees for the posting of project offers and job advertisements and the use of the candidate database are agreed upon in the respective user contract.
The MYSOLITY platform offers the possibility of publishing free project offers and job advertisements by the client.
The project offers and job advertisements must meet the following criteria:

- The position to be filled must be a potential assignment or permanent position for candidates that requires higher (e.g. academic) or equivalent professional experience. This explicitly applies to positions for interim or temporary projects or positions on a self-employed basis.

- Only information that corresponds to the facts will be published in project offers and job advertisements.

MYSOLITY reserves the right not to publish project offers and job advertisements due to their content, origin or technical form, or to block or delete them after publication (see section E.1). This applies in particular if the content of the advertisement violates legal or official prohibitions, is abusive, offends common decency or the General Equal Treatment Act, or if publication is unreasonable for MYSOLITY for other reasons. Abusive are in particular such contents of project offers and job advertisements, which do not exclusively serve the initiation of a concrete project, service or employment relationship.
The client assures to keep all regulations of the current data and personality protection right. The client is solely responsible for the content, in particular its correctness and legal admissibility, of the text, media and image documents provided for the placement of the advertisements. MYSOLITY is not obligated to check the advertisements for the impairment of the rights of third parties. In the event of breaches of duty for which the User is responsible, the User shall indemnify MYSOLITY against claims by third parties arising from the execution of the advertisement order against MYSOLITY.
The client is responsible for the use of flawless, suitable means of advertisement. MYSOLITY is not responsible for delays caused by the content of the advertisement text provided by the client for publication, be they due to content or technical reasons.
The publication of the advertisements takes place on the internet pages of MYSOLITY as well as in the context of cooperation on the platforms of the cooperation partners of MYSOLITY.
MYSOLITY is entitled, but not obliged, to use the project offers and job advertisements published by clients on the MYSOLITY platform also outside the MYSOLITY platform. For this purpose, MYSOLITY is authorized to pass on project offers and job advertisements to external partners (e.g. business networks, affiliates partners, search engines or other business partners), in whole or in part, in order to increase the possibility of access to the project offers and job advertisements. MYSOLITY may further publish the project offers and job advertisements in print or online media at its own discretion or have them published by third parties that do not have a link to the job advertisement on the MYSOLITY platform in order to advertise the attractiveness of the project offers and job advertisements or the MYSOLITY platform. In each case, these are additional and voluntary services provided by MYSOLITY, for which the client does not incur any costs.
The client is informed that according to the current state of the art it cannot be completely excluded that the advertisements published on the internet pages of MYSOLITY are also copied, linked and/or additionally published by other internet providers with the help of frames, disguised as their own offer.
Documents provided by the Client for the creation of advertisements are to be returned by MYSOLITY to the user only upon the user's special request. The obligation to keep them ends three months after the termination of an advertisement contract.
MYSOLITY is entitled, but not obligated, to continue to use the project offers and job advertisements for purposes of the MYSOLITY platform (e.g. benchmarks, examples, directories of project and job advertisements) after the placement of the project offers and job advertisements has ended or after the projects and positions have been filled. MYSOLITY is also authorized to further use for marketing purposes in order to promote the MYSOLITY platform. Such further use will cease in each case if the user objects to it.
Access to the candidate database by clients competing with MYSOLITY is not permitted if the access is for the purpose of enticing away candidates or clients. For each culpable violation of the foregoing prohibition, the User shall owe MYSOLITY a reasonable contractual penalty up to a maximum amount of EUR 8,000.00; the User may have the appropriateness of the contractual penalty assessed reviewed by the courts. Contractual penalties forfeited by the User may be offset against any claim for damages, but are not dependent on the existence of such claim. Further claims of the user and MYSOLITY remain unaffected.

N. Duties of the Client

1. The Client is prohibited to advertise in profiles as well as when sending contact messages to project and job seekers for services beyond the specific project and job placement (e.g. other internet offers or service telephone numbers).

2. the forwarding of personal or application-related data to persons outside the MYSOLITY platform is only permitted to the client with the separate consent of MYSOLITY, unless required for the execution of the user contract. In particular, it is prohibited to make the profile views and links of candidates available to third parties in violation of their intended purpose without the prior consent of MYSOLITY, even if this is done in excerpts or anonymously. For each culpable violation of the aforementioned prohibition in N. sentence 2, the Client shall owe a contractual penalty to be determined by MYSOLITY in an appropriate manner up to a maximum amount of EUR 8,000.00; the Client may have the appropriateness of the determination of the contractual penalty reviewed by the courts. Contractual penalties forfeited by the Client may be offset against any claim for damages, but are not dependent on the existence of such claim. Further claims of the Client and MYSOLITY remain unaffected.

O. Duration and termination for clients

1. Che contract between MYSOLITY and the Client is concluded for the agreed term. In case of contracts with clients, the term is extended by the period of the initial term, if the contract is not terminated by one of the parties in due time and according to the contractual agreements before the expiration of the term.

The termination shall only be effective if it is made by declaration in writing (e.g. letter). Termination in text form is only permissible if the contract with the client was not concluded in writing with a handwritten signature. For a clear assignment, the notice of termination should contain a clearly identifiable indication of the client (e.g. the e-mail address deposited with MYSOLITY). The notice of termination should be addressed to:

By mail:

MySolity GmbH

Erftstraße 15-17

50672 Köln

Germany

3. The right to extraordinary termination remains unaffected. An extraordinary reason for termination exists in particular if

- the company intentionally makes false statements when registering or ordering and/or later changing its data

- or repeatedly violates these General Terms and Conditions of Business

- and MYSOLITY has previously warned the company without success.

4. MYSOLITY is entitled to take measures according to Article E1 during the course of the set period.

End of the General Terms and Conditions (as of June 2022)