Terms of Use For Cobrainer Talent

The following terms of use (the "Terms") govern the use of the software-as-a-service application called Cobrainer Talent ("Talent") by you, the end user ("User"). By using Talent, you agree to be bound by these Terms. If you do not agree to these terms, you may not use Talent. The provider of Talent is Cobrainer GmbH with its registered office at Lothstraße 5, 80335 Munich ("Provider").

1. Scope of Application

These terms and conditions govern the use of Talent by the employee as a User. In addition to these terms and conditions, there is a separate software service agreement between the User's employer and the Provider of Talent, which regulates the exact scope of use for the benefit of the User. 

2 Prerequisites for the Use of Talent

The User is only authorized to use Talent under the existence of a software service agreement between its employer and the Provider. At the same time, the User has no independent entitlement to use Talent. 

The User must register and create a user account. Only persons who are at least 16 years old are permitted to use Talent. 

3. Rights of Use, Ownership

The Provider grants the User a simple, non-exclusive, non-transferable, time-limited, worldwide right to use Talent for the purpose of managing its own skills and matching its own skills to vacancies within its employer's network. The User may not modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works from, or otherwise attempt to read the source code of the Licensed Software Service or the underlying ideas or algorithms, unless such modifications or other actions are provided for or permitted by applicable law. The User is not permitted to conduct illegal activities on Talent. This includes, in particular, the uploading of malicious code such as viruses, Trojans, worms, etc. In addition, the User is obliged to only upload data that belongs to it (e.g., its own CV). By uploading, the User declares that it is authorized to upload the relevant files. 

The User acknowledges that the Provider is the exclusive owner and creator of all rights, titles, and interests in Talent. User has no right in Talent except as provided in this Terms. 

4. Service Access and Login Data

User will be provided with login data for Talent. User is responsible for maintaining the confidentiality of the login data and ensuring that no unauthorized third party has access to the login data. The User is responsible for all activities carried out using the login data. The Provider reserves the right to delete the User account at any time.

5. Availability

The Provider of Talent endeavors to ensure maximum availability of Talent. However, the Provider cannot guarantee that Talent will be available at all times and under all circumstances. The Provider reserves the right to suspend or terminate Talent at any time.

6. Data Protection

The Provider of Talent will only process personal data of the User within the framework of the legal provisions. Before using Talent, the User must give its consent to the processing of its personal data, otherwise it will not be possible to use Talent.

7. Term

This User agreement is valid for an indefinite period but is subject to the resolutory condition of the existence of the software service agreement between the User's employer and the Provider.

8. Limitation of liability

The Provider of Talent is only liable for damages that can be attributed to gross negligence or intent. The Provider is not liable for indirect or consequential damages or lost profits. In the event of injury to life, limb and health of the User and product liability damage, no limitation of liability of the Provider applies. 

9. Changes

The Provider of Talent reserves the right to change these conditions at any time and without prior notice. The modified conditions will be announced to the User by e-mail or by a notification in Talent.

10. Final provisions, Choice of Law, Place of Jurisdiction

In the event of any discrepancies between these Terms and the Software Service Agreement, the provisions of the Software Service Agreement shall apply. This agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all legal proceedings brought against one of the parties to this agreement shall be Munich.

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