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Imprint

GraduGreat GmbH
Werner-Eckert-Str. 4
81829 München (Germany)

HRB 256400 | VAT DE329399484
Managing Directors Marcus Otto, Michael Wenglein info@talentbay.de

Terms of Service

INTRODUCTION

 

Thank you for taking the time to read our Terms of Service ("TOS"). These apply to the use of our mobile apps for Android and iOS by enrolled undergraduate and graduate students (consumers or private customers), also called Talents, and our web app on teams.talentbay.app by Teams (business customers).

This Agreement is between you - hereinafter also referred to as "User "

and GraduGreat GmbH as the operator of the talentbay platform (hereinafter "talentbay" or "we")

and regulates the rights and obligations for the contractual parties.

 

By registering a user account you agree to the currently valid data protection conditions in our Privacy Policy.

Information about our company as the website owner you will find in the Imprint at the start of this page. 

 

1. Registration with talentbay

1.1 For the sign-in and registration on talentbay we require, if you are a Talent, that you are a natural person over 18 years of age with unlimited legal capacity, and if you register as Team on behalf of a company, irrespective of its legal form, that you are authorized to represent it. Furthermore, it is mandatory to provide your contact details for the registration with talentbay. All personal data and addresses requested by talentbay must be provided completely and correctly (no P.O. Box or similar) and you assure their correctness.

1.2 The registration of a user account with talentbay is free of charge. Registration shall only take place once you accept this Agreement and the data protection declaration. There is no right to registration. With registration, a contractual relationship arises between you and talentbay. Your user account will be valid until its deletion or your death proven by a third party.

1.3 By creating a user account, you grant talentbay a worldwide, transferable, sublicensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information that you post, upload, display or otherwise make available on the Service (collectively "content" "post"). We will only exercise this right to the extent necessary for the purpose of the contract, such as to increase the reach of a job listing. You agree that any content you place on talentbay may be viewed by other users of talentbay.

1.4 For the registration please choose your e-mail address and a password or authenticate via a compound login (e.g. Google). As far as you register with e-mail address and password, the access password can be changed by you at any time. 

1.5 You are responsible for keeping the access data you use to register with talentbay confidential and are solely responsible for all activities that occur or content you post under such access data.

1.6 The registration of a user is only permitted once. Multiple registrations under different names are expressly not permitted. User accounts are not transferable to other persons. They may also not be used by other persons, e.g. by passing on the password. Teams may invite other users to join their team, who are then also subject to the terms of use.

 

2. Creation of a Talent or Team Profile 

2.1 In order to use our talentbay online platform, we always require that you have successfully registered with us as a user. After successful registration you will create a Talent or Team Profile ("Profile"), which is essential for the use of the platform. This Profile is the basis for a successful matching between Talents (students and PhD students) and Teams.

2.2 The more information your Profile contains, the more accurately we can display relevant contacts for you. An attractive description and profile presentation also increases the probability that your contact request will be confirmed.

2.3 As a user, you have the opportunity to change and complete your Profile at any time using various forms and input fields. 

 

3. Use of talentbay

3.1 talentbay grants you a personal, worldwide, royalty-free and non-transferable, non-exclusive and revocable and non-sublicensable license to access and use the talentbay platform. This license is for the sole purpose of you using and enjoying the benefits of the talentbay platform in the manner intended by talentbay and permitted by this Agreement.

3.2 The talentbay platform connects Talents from universities and colleges with Teams e.g. in companies and institutions. We use the information in your Profile to display relevant contacts in anonymous format. It is possible that a 100% relevant match cannot be found. In this case, talentbay expands the circle of suggested contacts to contacts of lesser relevance.

3.3 Communication between Talent and Team takes place via chat after a ping (=request for networking) has been accepted by the other party. This ensures that both parties have indicated their interest in networking. Both parties have the option to initiate a ping. Although talentbay strives to promote a respectful user experience, talentbay is not responsible for the behavior of users inside or outside the platform.

3.4 Once a Ping has been initiated and accepted by the other party, the Profile information (Talent and Team Profile) is visible to both parties and is no longer anonymous. Depending on the respective price plan, the Team incurs costs for the activation of the contact regardless of which party initiated the ping.

3.5 There is no obligation on your part to accept a ping. In order to manage expectations, talentbay makes user behavior, such as the average response time in pings or chats, visible in the Profiles. This can influence the attractiveness of your Profile.

3.6 Both parties can withdraw a confirmed ping at any time. This will result in the contact being terminated and no further chats will be possible via the talentbay platform. There will be no reimbursement of any costs incurred by the Team.

3.7 Teams can market jobs (e.g. working students, interns, permanent positions, etc.) or events (e.g. career fairs, specialist presentations, etc.) that could be of interest to Talents on the platform. Contact for this is also made via Ping and after confirmation of the Ping, the team may incur costs, depending on the respective price plan. In addition, teams may "boost" a job or event to increase reach and strengthen awareness.

3.8 We are entitled to change, delete or add new features of the talentbay platform at any time without giving reasons or to allow the use of features only under certain conditions.

 

4. Community Rules & Content

4.1 By using the talentbay platform, you agree to refrain from the following:

  • Using the service for any illegal, harmful or disgraceful purpose or purposes prohibited by this Agreement.
  • Sending spam
  • Engaging in data mining in circumvention of talentbay's commercial interests (e.g., getting paid for referring contacts) and other users through manual or automated devices, methods or processes.
  • Soliciting money as part of the regular contacting process or for an application process to a job offer. An exception may be entry fees for high-value events, which are also payable by other participants outside the talentbay platform.
  • Posting content and uploading photos that infringe or violate any person's rights, including publicity rights, copyrights, trademark rights or other intellectual property or contract rights.
  • Posting content that violates applicable law or uses abusive, untruthful, violent, harmful to minors, inappropriate, racist, discriminatory, sexist and similar language and expressions.
  • Creating another account if we have terminated your account.
  • Use the talentbay platform in a manner that could interfere with, disrupt or have a negative impact on the security or availability of the platform, servers or related networks.
  • Copy, modify, translate, decrypt, sell under your own name, or cause others to copy, modify, translate, decrypt, sell under their own name, any portion of the talentbay platform, service or talentbay brand identity.

4.2 YOU ARE RESPONSIBLE FOR THE CONTENT YOU UPLOAD TO THE PLATFORM. You refrain from uploading any content and data that is punishable by law or otherwise illegal in absolute terms or in relation to individual third parties, uploading any programs containing viruses or other malware and you agree to comply with the community rules in 4.1. In particular, you undertake not to use the talentbay platform to offer illegal services or goods. 

4.3 You are aware and agree that we may monitor and review any content that you post on talentbay, but that we will generally only do so if we are notified of an infringement by other users. We may delete any content, in whole or in part, that, in our sole discretion, may violate this Agreement or damage talentbay's reputation. In addition, you will be liable for damages in the event of slight negligence.

4.4 You are obligated to indemnify us in this context from any liability and any costs, including possible and actual costs of legal proceedings, if a claim is made against us by third parties as a result of your actions or omissions. We will notify you of the claim and, to the extent legally possible, give you an opportunity to defend the asserted claim. At the same time, you are obligated to immediately provide us with all information available to you regarding the facts that are the subject of the claim.

4.5 Any further claims for damages by talentbay shall remain unaffected.

 

5. Termination / Deletion of the User Account

5.1 The contractual relationship between talentbay and you is concluded for an indefinite period. 

5.2 If you have registered as a Talent via the Mobile App, you terminate the relationship by deleting your user account. You may delete your user account and your Profile at any time directly in the app under "Settings". Upon deletion of your user account, the contractual relationship ends and we irrevocably delete your personal data stored with us. 

5.3 A Team Profile created under teams.talentbay.app can be administered by several user accounts in different roles with different rights (SuperAdmin for all teams of a company, Admin for one or more teams, Member of a Team). The Team Profile with all user accounts, pings, chats and confirmed contacts can be deleted only by the Super-Admin or Admin by sending a request to DeleteTeam@talentbay.de in accordance with the expiration of a subscription. In addition, we retain all data relevant for billing purposes until all outstanding chargeable user actions have been paid. 

5.4 A user account using teams.talentbay.app with rights of a "Member" can be deleted at any time under "Settings". Alternatively, a SuperAdmin or Admin may delete a user account with member rights. All user actions (chats, pings, confirmed contacts) of the member remain as part of the team. 

5.5 Personal data exchanged with another talentbay user via talentbay chat is the responsibility of the respective user.   

5.6 talentbay is entitled to block the use of or access to the talentbay platform temporarily or permanently if there are concrete indications that you are in breach of the contractual conditions, the community rules in 4.1 or applicable law. When deciding on a blocking, the legitimate interests of the user will be adequately taken into account. After such a blocking, you are not entitled to a refund of services already paid for the period of the blocking.

5.7 talentbay may terminate your user account with a notice period of 4 weeks in a regular manner. Upon expiry of the notice period, your Profile will be deleted. If you as a team have a subscription for services beyond this period, we will refund the costs for the period from the effective date of termination on a pro-rata basis.

 

6. Fees & Payment (Teams only)

6.1 The use of the Mobile App for Talents is free of charge. The provisions in section 6 only apply to the use of the Web App for Teams at teams.talentbay.app.

6.2 During the launch phase, use of the Web App for teams is free of charge.  Information on prices will be communicated at least 2 weeks before the validity of a price table. The possibility of deleting the user account exists at any time. 

6.3 After the launch phase, talentbay offers Teams various pricing plans for use. These are based on fees for individual transactions, such as the connection with Talents by confirming a ping or the promotion of a job offer or event, or they may include an inclusive volume as a subscription. The valid price list will be published on our website.

6.4 Fees for individual transactions will be invoiced every 2 weeks, but at the latest monthly and will be settled within 48 hours via your saved payment method.

6.5 Subscriptions will automatically be renewed unless you terminate or cancel the subscription with 4 weeks' notice before the subscription expires. When you subscribe, your payment method will be billed in advance for the entire term within 48 hours of the date of the initial purchase or renewal at the price at which you subscribed. 

6.6 You can manage your subscription and payment method in the Web App under Settings.

6.7 For your convenience, we offer the use of various payment services and options via a reputable payment service provider. We reserve the right to exclude certain payment options individually or to add them subsequently.

6.8 In order to use payment services, it may be necessary for you to enter into a contractual relationship with the corresponding payment service provider. You will receive the corresponding information at the beginning of the payment process.

6.9 If you have given your consent to automatic card payments, you can revoke this at any time in the settings. However, we would like to point out that you are still obliged to pay outstanding amounts. The same applies if your card payment is unsuccessful, e.g. due to invalidity, insufficient funds or other reasons.

6.10 If you have chosen "invoice" as a payment method, the payment period is 14 days after invoicing.

6.11 talentbay reserves the right to suspend a user account until outstanding amounts have been paid after the payment deadline.

6.12 In general, fees are non-refundable and there are no refunds or credits for transactions requiring payment. This does not apply if a payable transaction was triggered erroneously by talentbay or if talentbay terminates the contract in accordance with 5.7.

 

7. Use of Data

7.1 For talentbay your privacy and the protection of your data have the highest priority. We collect your personal data in the talentbay Mobile and Web App for the purpose of fulfilling this Agreement, in particular for "matching" between Talents and Teams and for displaying your Profile, as well as for improving our platform, preventing fraud and to be able to serve you as a customer. The data collection and data processing is necessary for the performance of the service and is based on Article 6 para.1 b) DSGVO.

7.2 You provide us with the following data:

  • When you create an account, you provide your name, email address, as well as some basic details that are necessary for the execution of the respective service, such as your date of birth. Also, when you sign up with a third-party login, Google for example, we store your email address.
  • To create your Talent Profile, you provide additional "resume" data, such as information about your studies, your areas of expertise, your previous work experience, your employer, your projects or skills, or other information about yourself, but also photos.
  • To create a Team Profile, you provide additional data regarding your work place such as areas of work, work environment or also photos.
  • To add certain content, such as photos, you may allow us to access your camera and photo album. By choosing to provide this information, you consent to our processing of this data.
  • As a Team, you provide us or our payment service provider with information such as your debit or credit card number or other financial information.
  • If you participate in surveys, you provide us with information about your insights regarding our products and services, respond to our questions, and provide testimonials.
  • If you contact our customer service department, we collect the information you provide during the interaction. Sometimes we monitor or record these interactions. This is done for training purposes and to ensure quality services.
  • As a Team, if you ask us to communicate with or otherwise process other people's data (for example, if you invite another colleague to join your Team), we collect the email address to honor your request.
  • Of course, as part of our platform, we also process the chats you have with other people and the content you post.

7.3 When you use our platform, we collect information about what features you have used, how you have used them, and what devices you use to access our platform. In particular:

  • Information about your activity and how you interact with other users (e.g., to calculate average response time or to remind you that a ping is pending): This includes the time and date of interactions and number of messages.
  • Information about the hardware and software you use to access the talentbay platform (e.g. IP address, device ID, operating system, browser type, and version and language information, time zones).
  • If you consent, we collect your exact geolocation (longitude and latitude) using different methods depending on the services and devices you use, including GPS, Bluetooth or WLAN connection. This allows us, for example, to display the universities in your vicinity. 

7.4 A transfer of data occurs in the context of the use of the platform to other users only with your consent, as described in section 3. 

7.5 Furthermore, we work with third parties to operate our platform. These third parties assist us with data hosting, data maintenance, customer support, payment processing and marketing. Data sharing sometimes involves cross-border data transfers, for example to the US and other jurisdictions. We use EU standard contractual clauses with reputable service providers, such as Microsoft Azure, to ensure the privacy and security of your data.

7.6 The data will be deleted as soon as it is no longer required for the purpose of its processing and insofar as this does not conflict with any legal obligation to retain it. As long as a contractual relationship exists between you and us, we will also retain the data stored by you on our platform. It may also be necessary to continue to store data after termination of our user relationship, e.g. to secure outstanding invoices. 

7.7 You may request us to provide a copy of all personal data we store about you free of charge. In addition, you have the right to data transfer, deletion, correction, restriction or blocking of personal data.

7.8 You can address corresponding questions and requests directly to GraduGreat GmbH, Werner-Eckert-Str. 4, 81829 Munich, e-mail datenschutz@talentbay.de. 

7.9 You also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority if you believe that the company’s data processing procedures violate data protection regulations.

7.10 Further information on data protection and cookie policy on our website can be found below.

 

8. Right of Withdrawal for Talents

8.1 These revocation instructions relate exclusively to the contractual relationship between talentbay and Talents who use the talentbay Mobile App. 

8.2 Right of revocation: You have the right to revoke this contract within fourteen days without stating any reasons. The revocation period begins on the day the contract is concluded. To exercise your right of withdrawal, you can delete your account under Settings in the Mobile App. Alternatively, you must inform us of your decision to revoke this contract by means of a clear declaration (e.g. a letter 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 and specify in the letter your full name, e-mail address with which you have registered and your university.

8.3 Consequences of the revocation: Since no payments are made in the contractual relationship between you and us, there is also no claim for repayment on your part. The only consequence of the revocation is the deletion of your account. 

 

9. Disclaimer and Limitation

TALENTBAY PROVIDES THE PLATFORM ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, statutory or otherwise with respect to the platform (including all content therein), including, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TALENTBAY DOES NOT REPRESENT OR WARRANT THAT (A) THE PLATFORM WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (C) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE PLATFORM WILL BE ACCURATE.

TALENTBAY ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, OTHER USERS OR THIRD PARTIES POST, SEND OR RECEIVE THROUGH THE PLATFORM. ACCESS TO ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TALENTBAY, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, WHETHER CAUSED DIRECTLY OR INDIRECTLY, OR LOST DATA, GOODWILL, USE OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR USE OF OR ACCESS TO THE PLATFORM, OR YOUR YOUR INABILITY TO USE THE PLATFORM, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE PLATFORM; OR (III) UNAUTHORIZED ACCESS, USE OR MODIFICATION OF YOUR CONTENT, EVEN IF TALENTBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT, HOWEVER, WILL TALENTBAY'S TOTAL LIABILITY TO YOU WITH RESPECT TO ALL CLAIMS RELATING TO THE PLATFORM EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO TALENTBAY FOR USE OF THE PLATFORM WHILE YOU HAVE AN ACCOUNT.

 

10. Arbitration

Since we do not offer a paid service to consumers, we do not participate in dispute resolution proceedings before a consumer arbitration court for members residing in the EU. The European Commission's online dispute resolution platforms is available at http://ec.europa.eu/odr.

 

11. Final Provisions

11.1 We reserve the right to unilaterally amend our TOS at any time, insofar as serious reasons - which cannot be influenced by the user - which lead to an unforeseeable change in the contractual equivalence relationship and therefore require an amendment, taking into account the interests of the contractual partner, make this necessary. Changes are only possible insofar as they do not unreasonably disadvantage you or violate good faith. We will inform you about an adjustment the next time the mobile or web app is opened. There you will find the amended TOS as well as a reference to the right of objection, the objection period and its consequences if you fail to object. The change will become part of the contract if you do not object to its inclusion in the contractual relationship in writing or text form within 14 days of receipt of the change notification. Upon expiry of this period, the GTC shall become valid for you. Previous version TOS shall lose their validity after expiry of the approval period.

11.2 In the event of discrepancies and/or contradictions, the provisions of the electronic offer shall take precedence over those of the TOS. Any written provision expressly agreed by the contracting parties to the contrary shall remain reserved, but shall only be valid if it expressly refers to the provision to be amended.

11.3 We reserve the right to assign this contract to a company of our choice. The transfer will become effective 30 days after it has been notified to you. In the event of such transfer, you shall have a special right of termination, which must be asserted by you independently within one month of notification.

11.4 Severability clause: Should individual provisions of this agreement be wholly or partially invalid or void or become wholly or partially invalid or void as a result of a change in the legal situation or as a result of supreme court rulings or in any other way, or should this agreement contain loopholes, the parties agree that the remaining provisions of this agreement shall remain unaffected and valid.

11.5 This Agreement shall be governed by the laws of the Federal Republic of Germany. Unless you are a consumer within the meaning of §13 BGB (German Civil Code), the place of jurisdiction for all disputes arising from this Agreement including its Annexes shall be Munich.

11.6. This version of the TOS has been translated into English from German. In case of discrepancies or different interpretations between the English and the German version, the German version shall take precedence.

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