Terms of Use
April 2023
1 Scope of Application, Form
1.1 These Terms of Use apply to the use of the Empion SaaS recruiting platform (“Platform”). The provider of the Platform is Empion GmbH, Dircksenstraße 47, 10178 Berlin, Germany (hereinafter “Empion”). Use of the Platform as an applicant is permitted exclusively to consumers within the meaning of Section 13 of the German Civil Code (BGB).
1.2 These Terms of Use do not apply to Empion’s commercial customers. In this respect, only Empion`s General Terms and Conditions shall apply.
2 Subject Matter of the Contract, Services
2.1 The subject matter of these Terms of Use is the provision of the Platform as a recruiting platform. Users may upload application documents on the Platform and be suggested to potential employers through an AI-based company analysis. Empion shall transmit the user’s applicant data to interested or potentially suitable companies only with the user’s prior consent. Such data shall then be managed by the respective company itself (e.g., within its own applicant tracking system).
2.2 To use the Platform, the user must create an account, which can be set up and used exclusively via the website. For this purpose, the user must complete the registration process on the Empion website.
2.3 Use of the Platform is free of charge for the user.
2.4 Empion reserves the right to continuously further develop the Platform and to expand, reasonably modify, or restrict its functional scope.
2.5 Empion does not guarantee successful placement or the establishment of contact with a company through the use of the Platform.
3 Availability and Maintenance
3.1 Empion is entitled to perform regular maintenance work and will endeavor to keep interruptions to a minimum.
3.2 Empion does not provide the user with any guarantee or other assurance regarding the availability of the Platform.
4 Subcontractors
Empion is entitled to engage subcontractors for the performance of contractual obligations.
5 User Rights of Use
5.1 Empion grants the user a worldwide, non-exclusive, non-transferable right, limited to the term of the contract, to use the platform free of charge in accordance with the user agreement and these terms of use. The right of use is limited to using the platform on a web-based basis on the Empion website.
5.2 The user shall comply with the agreed license scope. If the user exceeds this scope, Empion is entitled to demand reasonable remuneration. In addition, Empion reserves the right to assert claims for damages. Any additional remuneration paid shall be credited against asserted claims for damages.
5.3 The user acknowledges that all exclusive rights to the Platform and all included technologies and documentation provided are vested in Empion. Nothing in this agreement shall be construed as transferring any rights to the user in or to the Platform or any part thereof. All rights not expressly granted to the user under this agreement are reserved by Empion.
5.4 The user may not use the Platform for purposes other than those specified in the user agreement and these Terms of Use and shall protect the Platform against unauthorized access by third parties. Without limiting the generality of the foregoing, the user shall not be permitted to:
(i) use the Platform or any part thereof for purposes other than its intended and contractually agreed use;
(ii) offer, distribute, sell, resell, lease, rent, lend, sublicense, assign or otherwise transfer the Platform or any part thereof to third parties without Empion’s prior written consent;
(iii) disclose or make the Platform available to third parties or permit use by persons other than employees of the customer;
(iv) modify, supplement, alter, or adapt the Platform;
(v) reverse engineer, decompile, translate, disassemble, or otherwise attempt to derive the source code or data formats of the Platform or any part thereof (unless permitted under Section 5.5);
(vi) create copies of the Platform or any part thereof;
(vii) use the Platform to develop a competing product or competing platform service;
(viii) disable, modify, or circumvent any license management system or security mechanism provided with the Platform;
(ix) access or use the Platform to provide data processing services for third parties; or(x) remove, alter, or obscure proprietary notices, copyright notices, trademarks, or other identifiers of Empion or third-party rights holders.
5.5 The user’s statutory rights pursuant to Sections 69d (2) and (3) and 69e of the German Copyright Act remain unaffected, provided that
(i) decompilation pursuant to Section 69e of the German Copyright Act may only be carried out after prior written request to Empion for the required information and Empion has failed to provide such information within two weeks and
(ii) the parties enter into an appropriate confidentiality agreement ensuring protection of the Platform and source code from third-party access.
6 User Obligations
6.1 The user shall use the Platform solely for the purposes set forth in the user agreement, these Terms of Use and the purposes stated on the Empion website.
6.2 The user undertakes to provide truthful information at all times and to refrain from any misuse. The user further undertakes to notify Empion without undue delay of any successful hiring by a company, provided that the user had contact with such company via the Empion Platform or the company contacted the user by deliberately circumventing the Platform.
6.3 If the user breaches any of the above obligations, Empion shall be entitled to require the user to cease such conduct and refrain from engaging in such conduct in connection with the Empion Platform or any other Empion product in the future. The user shall indemnify Empion against all third-party claims arising from such breach, reimburse reasonable legal defense costs and provide all information, documents and statements required for legal defense.
7 User Content
7.1 Empion enables the user to process its own data within the Platform (“User Content”). The user grants Empion a worldwide, non-exclusive right, limited to the term of the contract, to use the User Content within the Platform for the purpose of providing contractual services. This includes, in particular, the right to reproduce the User Content and make it publicly accessible within the Platform to users/customers designated by the user. Empion may transfer these rights to third parties where necessary to operate the Platform, in particular hosting providers.
7.2 The user shall ensure that the User Content does not violate any laws or third-party rights, in particular intellectual property rights, personal rights, competition law, data protection regulations, or criminal laws. In the event of a breach, Empion may require the user to delete the infringing content. Where necessary, Empion is entitled to delete such User Content without prior notice. The user shall indemnify Empion against all third-party claims arising from such breach and reimburse reasonable legal defense costs.
8 Term and Termination
8.1 The user agreement is concluded for an indefinite term and may be terminated by either party with one week’s notice.
8.2 Either party may terminate the contract for cause without notice. Cause for termination by Empion shall exist in particular if the user culpably breaches a material contractual obligation and fails to remedy such breach despite a warning from Empion, where required or does not restore compliance within a reasonable period set by Empion.
8.3 Termination requires text form to be effective. Termination may be effected by email or initiated by the user via the user account.
9 Data Protection
9.1 Empion processes personal data in accordance with applicable law. Further information on data processing is available at: https://www.empion.io/datenschutz.
9.2 Empion may use non-personal data or anonymized data for analysis, calibration and benchmarking purposes to continuously improve the Platform.
10 Warranty
10.1 Empion informs the user that, given the current state of technology, it is not possible to develop complex software products entirely free of defects with reasonable effort. Empion shall, however, keep the Platform free from defects that more than insignificantly impair its suitability for contractual or intended use.
10.2 The user is obligated to inform Empion without undue delay of the nature and occurrence of any defects.
10.3 Warranty claims are excluded for defects resulting from use of the Platform not in accordance with the contract or its intended purpose.
11 Liability of Empion
11.1 Unless otherwise stipulated below, Empion shall be liable in accordance with applicable statutory provisions.
11.2 Empion shall not be liable in cases of force majeure (including armed conflict, epidemics, pandemics, natural disasters, labor disputes/strikes, embargoes, terrorist acts or governmental or legal restrictions resulting therefrom) or for necessary maintenance, repairs or technical measures that may result in unavoidable disruptions or performance limitations of the Platform.
11.3 Empion shall not be liable for damages or losses resulting from the user’s culpable failure to use the Platform in accordance with these Terms of Use.
11.4 In cases of negligence, Empion shall be liable only for breach of material contractual obligations (so-called cardinal obligations). In such cases, liability shall be limited to foreseeable damages typical for this type of contract.
11.5 The above limitations of liability shall not apply in cases of intent, gross negligence, injury to life, body, or health, statutory product liability, fraudulent concealment of a defect or assumed guarantees.
11.6 To the extent statutory provisions provide for direct liability of Empion’s legal representatives, employees, or vicarious agents toward the user, the above limitations of liability shall apply accordingly.
12 Amendments to the Terms of Use
Empion reserves the right to amend these Terms of Use at its reasonable discretion (§ 315 BGB). Empion shall notify the user of any changes at least four weeks in advance by email. If such changes materially impair the user’s ability to use the Platform, the user shall have the right to terminate the user agreement for cause.
13 Final Provisions
13.1 If any provision of these Terms of Use is or becomes wholly or partially invalid, ineffective, or unenforceable, or if a required provision is missing, the validity and enforceability of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a legally permissible provision shall apply that most closely reflects the intent of the parties. The parties expressly agree that § 139 BGB is excluded in its entirety.
13.2 Empion is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. This does not limit the user’s right to assert claims before a competent court.