Terms of use for companies
Last updated:
2024
Note:
For reasons of readability and accessibility, we sometimes use the generic masculine in our following terms of use. The chosen form applies regardless of the respective gender (male, female, diverse).
Scope of application / General
The following General Terms and Conditions ("GTC") govern the business relationship between the company Catch GmbH, Im Zollhafen 18, 50678 Cologne, represented by the managing directors Justin Bous and Marco Verhoeven (hereinafter referred to as "CATCH"), as the provider of the platform offered under the URL https://www.catch-talents.de (hereinafter referred to as "Platform") and the applicant management system provided under the URL https://company.catch-talents.de (hereinafter referred to as "Tool"), and the contractual partner (hereinafter referred to as "CUSTOMER"). The Platform and Tool are hereinafter also referred to jointly as "Software" or "Service".
These GTC apply exclusively to CUSTOMERS who are entrepreneurs. "Entrepreneurs" within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when concluding the usage or license agreement.
The current version of these GTC can be printed out and saved at any time via the link provided(https://www.catch-talents.de/tos-companies).
The contract languages are German and English, depending on the customer's choice.
General terms and conditions of the CUSTOMER or third parties shall not apply unless CATCH expressly agrees to them at least in text form. Their validity is hereby expressly rejected.
Unless otherwise agreed, the GTC in the version communicated shall also apply as a framework agreement for similar future contracts (e.g. subscription renewals) without CATCH having to refer to them separately.
Subject matter of the contract
CATCH enables registered CUSTOMERS and authorized users of the CUSTOMER (employees) to use the services provided in the area of recruiting and applicant management by means of a remote data connection via the Internet within the framework of fee-based license agreements. A description of the individual services can be found in the "Functions" tab at https://www.catch-talents.de.
With the provision of the software, the CUSTOMER receives the technical possibility and authorization to access CATCH's services via the Internet and to use all functionalities within the scope of the respective license package booked. CATCH is merely the provider of the software and technical service provider. CATCH is not involved in the recruiting process itself or in application procedures or employment contracts. Third-party content published via CATCH (e.g. applicants) is neither verified nor checked.
The services provided by CATCH are used via a standard web browser.
CATCH uses AI technologies as part of the services offered. Further information on the AI technologies used can be found at https://www.catch-talents.de/ai-infos. This AI includes proprietary or licensed components, statistical models and databases as well as third-party services that are integrated into the software and are used exclusively within the scope of the functions offered. The CUSTOMER recognizes that the complexity of these AI systems may preclude a complete explanation of their operations and results and that any AI output requires human review and final decision. AI is used in connection with the following functions and services:
- analysis of data contained in documents and attachments as well as data generated by users' interactions with the Services;
- Individual Strength Analysis (ISA method) for applicant profiling and job matching purposes;
- personalized and automated direct communication in any form, such as software, email, SMS and any other source or channel used by the user to exchange information. any channel used by the user to exchange data and interact within CATCH's services;
- Analysis of user behavior based on anonymized data for the purpose of improving the services
- Recommendation, evaluation and pre-sorting of job offers and applications
- Active sourcing of applicants;
- Creation of advertising texts and audiovisual text content;
- Translation and text editing or optimization; - Misuse of the CATCH services; - Translation and text editing or optimization; - Misuse of the CATCH services for the purpose of improving the CATCH services. optimization;
- abuse monitoring / IT security.
Catch uses AI as a tool to enhance and improve its internal processes and the functionality of the software and never replaces essential human oversight in decision-making processes. All critical decisions impacting applications, businesses or users are always subject to final human judgment or a "man-in-the-loop" process to ensure a balanced and considerate approach to automated decision making. Through these practices, CATCH strives to maintain a responsible and ethical attitude towards the use of artificial intelligence in its services, prioritizing the welfare and fair treatment of all stakeholders involved. Details on the processing of personal data in connection with AI technologies can be found in our data protection notice at https://www.catch-talents.de/datenschutz.
Conclusion of contract/registration
The presentation of the individual license packages on the website and within the login area does not constitute a legally binding offer, but an invitation to order (offer) by the CUSTOMER.
The use of the services offered by CATCH first requires registration by opening a free user account. The CUSTOMER registers using the registration form provided on the platform. The CUSTOMER fills in the relevant mandatory fields (name, address, legal form, e-mail address), assigns his/her own password, accepts these GTC by opting in and clicks on the "Register now" button. Before submitting the registration form, the CUSTOMER can check the data previously entered and, if necessary, correct it by entering other data or deleting the data entered in the respective input field. After submitting the registration form, the CUSTOMER receives an automatic e-mail from Catch with a confirmation link (so-called double opt-in). In addition to the registration confirmation, the CUSTOMER may also receive further information in text form. If the CUSTOMER clicks on the confirmation link, the registration is successfully completed and the user account is opened.
Each CUSTOMER may only register once. One user account must be created per CUSTOMER. User accounts are not transferable.
There is no entitlement to registration. CATCH reserves the right to refuse registration without giving reasons.
If desired, CATCH shall provide the CUSTOMER with a free trial version of the software for a limited period of time after registration, which may be used once only. During this test phase, the CUSTOMER may use CATCH's services for test purposes. There is no entitlement to a free trial version. The trial version can be changed to a full version at any time by concluding a paid license agreement.
In order to be able to use the selected or all CATCH services, the CUSTOMER is obliged to conclude a fee-based license agreement in the login area or to accept a valid offer from CATCH. To do this, the CUSTOMER either independently selects the desired license package (subscription), enters the required payment details and clicks on the "Book now" button, or accepts an existing offer by means of a (digital) signature. By clicking the "Book now" button or submitting the (digital) signature, the CUSTOMER submits a binding offer to conclude a license agreement subject to a fee. The CUSTOMER shall be bound by this contractual offer for a period of 14 days. If CATCH accepts the offer in text form (e-mail) within this binding period, the fee-based license agreement for the selected subscription is concluded.
The text of the contract is not saved. However, CATCH sends the order data to the CUSTOMER by e-mail.
Availability of services
CATCH guarantees an availability of 99% per calendar year minus agreed maintenance windows and minus downtimes for which the provider is not responsible.
CATCH is entitled to carry out care and maintenance work and to suspend or restrict the provision of the services for this reason (so-called downtime). However, the downtime may not exceed 3 hours per month. It shall also take place outside normal business hours between 7 pm and 6 am. If this is not possible, CATCH shall inform the CUSTOMER at least three days before the planned downtime.
Irrespective of the availability quota, CATCH's liability pursuant to sections 10.3. and 10.4. of these GTC remains unaffected.
Rights and obligations of the provider
CATCH provides the CUSTOMER with an IT infrastructure for a fee, the specific content and scope of which can be found in the functional description and the price list at https://www.catch-talents.de/preise.
CATCH will provide, host, maintain and service the necessary technical server landscapes for the provision of the services. CATCH is entitled to use third parties (e.g. sub-service providers) to perform the services, subject to the data protection agreements concluded between the contracting parties. The Contractual Partner expressly agrees to this.
CATCH backs up the server data on a daily basis using an up-to-date data backup medium. There is no contractual obligation to archive the data backup media. The CUSTOMER has no claim to the surrender of the data backup medium.
CATCH is entitled to change and optimize its services to an extent that does not significantly impair or jeopardize the contractual purpose of the contractual relationship. With regard to services offered free of charge, CATCH is entitled to discontinue these at any time without notice.
CATCH is entitled to use the CUSTOMER's content for the purpose of optimizing and improving the services offered by means of AI technologies. CATCH will ensure that applicable data protection law is complied with. The improvement of functionalities includes the monitoring and evaluation of the services offered, the compilation of cumulative statistical data for commercial purposes and the improvement of the machine learning components of the software. CATCH also collects and processes feedback and behavioral data from the CUSTOMER during the use of the services in order to improve the software and internal processes. In this respect, CATCH undertakes to take all necessary technical and procedural measures to ensure the conformity of the Software with existing regulations in the field of artificial intelligence.
During the existing contractual relationship, CATCH is entitled to contact the customer for quality assurance purposes and to use the contact details provided for this purpose.
Rights and obligations of the CUSTOMER
CATCH expressly points out that AI technologies are used in the context of the services provided, which may be associated with risks (e.g. discrimination) for data subjects. In this respect, it is the sole responsibility of the CUSTOMER to examine, on a risk-based and case-by-case basis, whether the services can be used in accordance with the fundamental rights of natural persons. In this respect, the CUSTOMER is responsible for ensuring that CATCH's services are used in a fair, non-discriminatory (in particular in compliance with the AGG) and legally compliant manner and that the necessary technical and organizational measures are taken on a risk-based basis to minimize risks and protect the fundamental rights of users (e.g. by raising employee awareness, employee guidelines, etc.). It will sensitize and train its employees with regard to existing risks in the processing of personal data and the use of AI technologies and properly fulfill its information and transparency obligations towards employees and applicants.
The CUSTOMER assures that the information provided by him is correct and complete. It shall inform CATCH immediately of any changes to the data required for the performance of the contractual relationship. In addition, the CUSTOMER shall only use the IT infrastructure to the contractually agreed extent and shall fulfill all obligations necessary for the performance of the contractual relationship in a timely, complete and technically correct manner.
The CUSTOMER shall protect the usage and access authorizations assigned to him or the authorized users as well as identification and authentication backups from access by third parties and shall not pass them on to unauthorized users. As soon as the CUSTOMER becomes aware that the access authorization has been unlawfully obtained by a third party, he is obliged to inform CATCH immediately.
The CUSTOMER shall refrain from retrieving information or data without authorization, either himself or through unauthorized third parties, or from interfering with programs operated by CATCH or having them interfered with, or from penetrating CATCH's data networks without authorization.
The CUSTOMER must ensure that the necessary hardware and software for Internet use and the necessary Internet access are available. In particular, he must ensure that common Internet browsers are used and kept up to date. The provision of these prerequisites as well as the telecommunications services of the transmission services from the server to the devices used by the CUSTOMER are not the subject of this contract, but are the responsibility of the CUSTOMER.
The CUSTOMER shall create daily backup copies of all data that it enters into the platform or the tool in order to ensure cost-effective recovery in the event of loss.
When using the services offered by CATCH, the CUSTOMER shall comply with all applicable laws and other legal provisions in force in the Federal Republic of Germany. The CUSTOMER is responsible for ensuring that the software is not misused.
Insofar as content is transmitted or provided, the CUSTOMER warrants that it is free of third-party rights, in particular copyrights, name and trademark rights, which restrict or exclude use / processing (in particular also processing using AI technologies) in accordance with the scope agreed here. The transmission of discriminatory, infringing, right-wing extremist, pornographic, racist, immoral content is prohibited, as is the transmission of content that offends the sense of decency of all fair and just thinkers.
If the CUSTOMER integrates CATCH's services into third-party software (e.g. into HR software used by the CUSTOMER), the CUSTOMER warrants that it is authorized to do so under licensing law and that neither the connection nor the data processing associated with the connection by CATCH violates the rights of third parties.
If the CUSTOMER culpably breaches the obligations arising from this Section 6 (in particular Sections 6.1, 6.7, 6.8 and 6.9) and if third parties (e.g. applicants or providers of third-party software) or employees of the CUSTOMER assert claims against CATCH in this respect, the CUSTOMER shall indemnify CATCH against all costs and damages upon first request, unless the CUSTOMER is not responsible for the infringement or the claims are already time-barred. In the event of a legal dispute, the CUSTOMER shall bear all costs in this regard (in particular also the costs of legal defense in the actual amount). The parties shall inform each other in the event of a claim.
With regard to the AI systems used, the CUSTOMER acknowledges that AI may only be used in a supportive manner, but not decisively. The CUSTOMER therefore undertakes to make the final human decision within the scope of all services.
Intellectual property
Unless expressly stipulated otherwise, all trademarks, inventions, patents, copyrights (in particular to software), etc. and all other intellectual property and all other intellectual property rights shall remain the property of the person who created them or is their owner, unless they are expressly transferred in writing.
Granting of rights / contractual penalty
The CUSTOMER and the users authorized by him (employees) receive the non-exclusive right, limited in time to the term of the test phase or the respective subscription, to access the services offered by CATCH by means of telecommunications and to use the functionalities associated with the tool and the platform by means of a browser within the scope of the purchased subscription in accordance with these GTC. If the software is integrated into web applications of the CUSTOMER, the right of use is limited to the necessary acts of use. The CUSTOMER shall not receive any further rights, in particular to software applications, source codes or the operating software. The CUSTOMER may only use the services in-house within the scope of its own business activities by its own personnel.
In the case of fee-based subscriptions, the right of use is subject to full payment.
The customer is not entitled to use the software beyond the use permitted in accordance with these GTC. In particular, the customer is not permitted to edit, reproduce, sell, make publicly accessible or transfer, rent or lend the software or parts thereof for a limited period of time. The mandatory provisions of Sections 69d and 69e UrhG remain unaffected.
In the event of culpable and unauthorized use or transfer of use, the CUSTOMER shall pay CATCH an immediately due contractual penalty in the amount of three times the monthly transfer price for the duration of the unauthorized transfer. CATCH reserves the right to assert claims for damages. In this case, the contractual penalty shall be offset against the claim for damages.
The CUSTOMER grants CATCH the simple rights of use necessary for the contractual provision of the services to all content, materials, brands, logos, etc. that are made available in the context of the use of CATCH services. In this respect, the right of use also includes the right to train AI technologies used by CATCH. CATCH is also entitled to publish the content on its own website and external publications and to use it for advertising purposes.
Der KUNDE räumt CATCH eine unwiderrufliche, nicht-exklusive, lizenzfreie, weltweite Lizenz zur Nutzung des Namens und Logos des KUNDEN für Werbe- und Marketingzwecke ein, einschließlich, aber nicht beschränkt auf die Darstellung auf der Website von CATCH. Diese Lizenz bleibt während der Laufzeit der Vereinbarung und unbefristet darüber hinaus in Kraft, es sei denn, es wird schriftlich etwas anderes vereinbart.
The granting of rights of use ends when the CUSTOMER deletes their content or their account, unless the content has been shared with other users/companies and they have not deleted the content.
Prices / Terms of payment
The prices listed at https://www.catch-talents.de/preise apply.
Unless otherwise agreed, prices are quoted net in EURO plus statutory VAT.
Fees are due and payable monthly in advance, unless otherwise agreed with the CUSTOMER. Payments are made by SEPA direct debit or via the payment service provider Chargebee by invoice or credit card or SEPA direct payment or Paypal. If SEPA direct debit is used, the CUSTOMER shall issue CATCH with a mandate for SEPA core direct debit for all charges incurred. This also applies to new bank details provided by the CUSTOMER. The direct debit will be collected on the next business day, at the earliest 24 hours after CATCH has confirmed the order by e-mail. The period for pre-notification is shortened accordingly. When paying via Chargebee or PayPal, the respective terms and conditions of Chargebee and PayPal apply. The CUSTOMER is responsible for ensuring that the account is covered. The costs incurred due to the non-payment or chargeback of the direct debit shall be borne by the CUSTOMER as long as the non-payment or chargeback was not caused by CATCH.
Invoices are created electronically and made available digitally. The CUSTOMER hereby agrees to this. The CUSTOMER shall be informed of each new invoice and of the date of the SEPA direct debit (SEPA prenotification) by e-mail.
If the CUSTOMER is in default of payment of at least 2 months' remuneration, CATCH is entitled to temporarily block access to the services after unsuccessful reminders by e-mail until full payment has been made. CATCH will inform the CUSTOMER of the notified date for the temporary blocking as part of the threat. The temporary blocking of services does not affect the CUSTOMER's obligation to pay.
Warranty / Liability
CATCH's warranty does not extend to damage and/or malfunctions caused by the CUSTOMER's culpable breach of the provisions of this contract. Upon request, the CUSTOMER shall support CATCH to the best of its ability in identifying and rectifying errors.
If a defect occurs in the services provided by CATCH, CATCH shall, at its discretion, either remedy the defect within a reasonable period of time or provide the defective service again free of defects (overall subsequent performance).
CATCH shall be liable without limitation for damages or reimbursement of futile expenses in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act and to the extent of a guarantee assumed by CATCH and in the event of fraudulent intent. The same applies in the event of default by CATCH for claims for default interest, for the default lump sum pursuant to Section 288 (5) BGB and for compensation for the damage caused by default, which is based on the costs of legal action. This provision does not imply a change in the burden of proof to the detriment of the CUSTOMER.
In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), CATCH's liability shall be limited to the foreseeable typical damage. The same applies in the event of default by CATCH or impossibility of performance for which CATCH is responsible.
CATCH is not liable for the functionality of the telecommunications connection to servers used by CATCH, nor for failures of servers that are beyond CATCH's control. CATCH is also not liable for damage caused by force majeure or comparable events. Comparable events include, in particular, strikes, official orders, pandemics, epidemics, disruptions in the area of other telecommunications or service providers.
Liability for data loss shall be limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved, unless one of the conditions set out in sections 10.3. and 10.4. applies.
Liability under Section 536 a (2) BGB (tenant's right to rectify defects himself) is excluded. CATCH's liability for damages (Section 536 a BGB) for defects existing at the time of conclusion of the contract is also excluded, insofar as the standard provides for strict liability. Sections 10.3. and 10.4. remain unaffected.
CATCH shall have no further liability. The objection of contributory negligence remains unaffected.
The above limitation of liability also applies to the personal liability of CATCH's employees, representatives, executive bodies and vicarious agents.
Claims for damages shall become time-barred twelve months after the start of the statutory limitation period, unless there is intent or gross negligence or liability for injury to life, limb or health.
Data protection / Confidentiality
Information on data collection by CATCH can be found in the data protection notice at https://www.catch-talents.de/datenschutz. CATCH has a data protection officer.
If the CUSTOMER collects, processes or uses personal data itself or through CATCH, it warrants that it is authorized to do so in accordance with the applicable provisions. It also warrants that decisions with legal effects are only made by natural persons (Art. 22 para. 1 GDPR). In the event of a breach in this respect, the CUSTOMER shall indemnify CATCH against all claims by third parties (including the necessary legal costs) upon first request, unless the CUSTOMER is not responsible for the infringement or the infringement is already time-barred.
The parties undertake to maintain confidentiality regarding confidential information of the other party. This obligation shall survive the end of this contract. Excluded from this obligation is confidential information that
(a) are demonstrably already known to the recipient upon conclusion of the contract or become known thereafter from a third party;
(b) which are publicly known at the time the contract is concluded or are made public thereafter;
(c) which must be disclosed by law or by order of a court or public authority. As far as possible and permissible, the recipient obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclosure;
(d) may be used for the purposes of machine learning and AI training.
Contract duration / termination / deletion of the user account
Contracts commence upon acceptance of the CUSTOMER's offer by CATCH.
Free-of-charge contracts of use in relation to user accounts are concluded for an indefinite period. They can be terminated at any time by either party with a notice period of two weeks to the end of each calendar month, but at the earliest at the end of the license agreement (subscription) concluded between the parties. Deletion of the account by the CUSTOMER in the login area constitutes termination of the user account.
The term of the paid subscription (license agreement) depends on the respective service package.
The concluded subscription is extended by twelve (12) calendar months if it is not terminated by either party with three (3) months' notice to the end of the respective term.
The right to extraordinary termination for good cause remains unaffected for both parties.
The right to terminate the contract pursuant to Section 543 (2) No. 1 BGB for failure to grant use in accordance with the contract is only permissible if CATCH has been given sufficient opportunity to remedy the defect and this has failed.
Unless CATCH is legally obliged to retain/store the data or the parties have agreed otherwise, CATCH shall delete the content entered by the CUSTOMER in the tool three months after termination of the contractual relationship. During the three-month period between the end of the contract and deletion, the CUSTOMER can have the account reactivated via support in order to export existing documents even after termination of the contract.
Subject to change
CATCH reserves the right to amend these GTC unilaterally if this appears objectively justified. Changes are objectively justified, for example, in the event of a change in the legal or statutory situation (e.g. if a clause is declared invalid by the courts) or if unforeseeable changes that CATCH does not cause and over which CATCH has no influence disturb the equivalence relationship existing at the time of conclusion of the contract to a not insignificant extent. The prerequisite for a change is always that it is reasonable for the CUSTOMER. The current version of the GTC can be viewed and saved at https://www.catch-talents.de/tos-companies.
Registered CUSTOMERS will be notified of changes to the GTC. They shall be deemed approved if the CUSTOMER has not objected to the validity of the amended GTC in writing or by e-mail to CATCH within six weeks and CATCH has pointed out the legal consequences of a failure to object.
Final provisions
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the CUSTOMER has his habitual residence shall remain unaffected.
CATCH's registered office is the place of jurisdiction, unless an exclusive place of jurisdiction exists. In the cases referred to in sentence 1, the place of jurisdiction of Cologne shall be deemed to be agreed as a special place of jurisdiction, which therefore does not affect other statutory places of jurisdiction.
The place of performance for all claims against CATCH is CATCH's registered office.
Amendments and additions to this contract and its termination must be made in writing. This shall also apply to any rescission or waiver of the written form requirement. All other declarations in connection with the performance of this contract, in particular declarations of consent and approval, may be sent by e-mail (to the e-mail addresses provided by the parties for these purposes). Verbal agreements and telephone transmissions are not sufficient.
Should a provision of these GTC or the contracts or a provision included herein in the future be wholly or partially invalid or unenforceable or subsequently lose its legal validity or enforceability, this shall not affect the validity of the remaining provisions of these GTC and the contracts. The same shall apply if it should transpire that the GTC or one of the contracts contains a loophole. The parties are aware of the case law of the Federal Court of Justice, according to which a severability clause merely reverses the burden of proof. However, it is the express intention of the parties to maintain the validity of the remaining contractual provisions under all circumstances and thus to waive Section 139 BGB in its entirety.
Status: 25.06.2024
Note:
For reasons of readability and accessibility, we sometimes use the generic masculine in our following terms of use. The chosen form applies regardless of the respective gender (male, female, diverse).
Scope of application / General
The following General Terms and Conditions ("GTC") govern the business relationship between the company Catch GmbH, Im Zollhafen 18, 50678 Cologne, represented by the managing directors Justin Bous and Marco Verhoeven (hereinafter referred to as "CATCH"), as the provider of the platform offered under the URL https://www.catch-talents.de (hereinafter referred to as "Platform") and the applicant management system provided under the URL https://company.catch-talents.de (hereinafter referred to as "Tool"), and the contractual partner (hereinafter referred to as "CUSTOMER"). The Platform and Tool are hereinafter also referred to jointly as "Software" or "Service".
These GTC apply exclusively to CUSTOMERS who are entrepreneurs. "Entrepreneurs" within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when concluding the usage or license agreement.
The current version of these GTC can be printed out and saved at any time via the link provided(https://www.catch-talents.de/tos-companies).
The contract languages are German and English, depending on the customer's choice.
General terms and conditions of the CUSTOMER or third parties shall not apply unless CATCH expressly agrees to them at least in text form. Their validity is hereby expressly rejected.
Unless otherwise agreed, the GTC in the version communicated shall also apply as a framework agreement for similar future contracts (e.g. subscription renewals) without CATCH having to refer to them separately.
Subject matter of the contract
CATCH enables registered CUSTOMERS and authorized users of the CUSTOMER (employees) to use the services provided in the area of recruiting and applicant management by means of a remote data connection via the Internet within the framework of fee-based license agreements. A description of the individual services can be found in the "Functions" tab at https://www.catch-talents.de.
With the provision of the software, the CUSTOMER receives the technical possibility and authorization to access CATCH's services via the Internet and to use all functionalities within the scope of the respective license package booked. CATCH is merely the provider of the software and technical service provider. CATCH is not involved in the recruiting process itself or in application procedures or employment contracts. Third-party content published via CATCH (e.g. applicants) is neither verified nor checked.
The services provided by CATCH are used via a standard web browser.
CATCH uses AI technologies as part of the services offered. Further information on the AI technologies used can be found at https://www.catch-talents.de/ai-infos. This AI includes proprietary or licensed components, statistical models and databases as well as third-party services that are integrated into the software and are used exclusively within the scope of the functions offered. The CUSTOMER recognizes that the complexity of these AI systems may preclude a complete explanation of their operations and results and that any AI output requires human review and final decision. AI is used in connection with the following functions and services:
- analysis of data contained in documents and attachments as well as data generated by users' interactions with the Services;
- Individual Strength Analysis (ISA method) for applicant profiling and job matching purposes;
- personalized and automated direct communication in any form, such as software, email, SMS and any other source or channel used by the user to exchange information. any channel used by the user to exchange data and interact within CATCH's services;
- Analysis of user behavior based on anonymized data for the purpose of improving the services
- Recommendation, evaluation and pre-sorting of job offers and applications
- Active sourcing of applicants;
- Creation of advertising texts and audiovisual text content;
- Translation and text editing or optimization; - Misuse of the CATCH services; - Translation and text editing or optimization; - Misuse of the CATCH services for the purpose of improving the CATCH services. optimization;
- abuse monitoring / IT security.
Catch uses AI as a tool to enhance and improve its internal processes and the functionality of the software and never replaces essential human oversight in decision-making processes. All critical decisions impacting applications, businesses or users are always subject to final human judgment or a "man-in-the-loop" process to ensure a balanced and considerate approach to automated decision making. Through these practices, CATCH strives to maintain a responsible and ethical attitude towards the use of artificial intelligence in its services, prioritizing the welfare and fair treatment of all stakeholders involved. Details on the processing of personal data in connection with AI technologies can be found in our data protection notice at https://www.catch-talents.de/datenschutz.
Conclusion of contract/registration
The presentation of the individual license packages on the website and within the login area does not constitute a legally binding offer, but an invitation to order (offer) by the CUSTOMER.
The use of the services offered by CATCH first requires registration by opening a free user account. The CUSTOMER registers using the registration form provided on the platform. The CUSTOMER fills in the relevant mandatory fields (name, address, legal form, e-mail address), assigns his/her own password, accepts these GTC by opting in and clicks on the "Register now" button. Before submitting the registration form, the CUSTOMER can check the data previously entered and, if necessary, correct it by entering other data or deleting the data entered in the respective input field. After submitting the registration form, the CUSTOMER receives an automatic e-mail from Catch with a confirmation link (so-called double opt-in). In addition to the registration confirmation, the CUSTOMER may also receive further information in text form. If the CUSTOMER clicks on the confirmation link, the registration is successfully completed and the user account is opened.
Each CUSTOMER may only register once. One user account must be created per CUSTOMER. User accounts are not transferable.
There is no entitlement to registration. CATCH reserves the right to refuse registration without giving reasons.
If desired, CATCH shall provide the CUSTOMER with a free trial version of the software for a limited period of time after registration, which may be used once only. During this test phase, the CUSTOMER may use CATCH's services for test purposes. There is no entitlement to a free trial version. The trial version can be changed to a full version at any time by concluding a paid license agreement.
In order to be able to use the selected or all CATCH services, the CUSTOMER is obliged to conclude a fee-based license agreement in the login area or to accept a valid offer from CATCH. To do this, the CUSTOMER either independently selects the desired license package (subscription), enters the required payment details and clicks on the "Book now" button, or accepts an existing offer by means of a (digital) signature. By clicking the "Book now" button or submitting the (digital) signature, the CUSTOMER submits a binding offer to conclude a license agreement subject to a fee. The CUSTOMER shall be bound by this contractual offer for a period of 14 days. If CATCH accepts the offer in text form (e-mail) within this binding period, the fee-based license agreement for the selected subscription is concluded.
The text of the contract is not saved. However, CATCH sends the order data to the CUSTOMER by e-mail.
Availability of services
CATCH guarantees an availability of 99% per calendar year minus agreed maintenance windows and minus downtimes for which the provider is not responsible.
CATCH is entitled to carry out care and maintenance work and to suspend or restrict the provision of the services for this reason (so-called downtime). However, the downtime may not exceed 3 hours per month. It shall also take place outside normal business hours between 7 pm and 6 am. If this is not possible, CATCH shall inform the CUSTOMER at least three days before the planned downtime.
Irrespective of the availability quota, CATCH's liability pursuant to sections 10.3. and 10.4. of these GTC remains unaffected.
Rights and obligations of the provider
CATCH provides the CUSTOMER with an IT infrastructure for a fee, the specific content and scope of which can be found in the functional description and the price list at https://www.catch-talents.de/preise.
CATCH will provide, host, maintain and service the necessary technical server landscapes for the provision of the services. CATCH is entitled to use third parties (e.g. sub-service providers) to perform the services, subject to the data protection agreements concluded between the contracting parties. The Contractual Partner expressly agrees to this.
CATCH backs up the server data on a daily basis using an up-to-date data backup medium. There is no contractual obligation to archive the data backup media. The CUSTOMER has no claim to the surrender of the data backup medium.
CATCH is entitled to change and optimize its services to an extent that does not significantly impair or jeopardize the contractual purpose of the contractual relationship. With regard to services offered free of charge, CATCH is entitled to discontinue these at any time without notice.
CATCH is entitled to use the CUSTOMER's content for the purpose of optimizing and improving the services offered by means of AI technologies. CATCH will ensure that applicable data protection law is complied with. The improvement of functionalities includes the monitoring and evaluation of the services offered, the compilation of cumulative statistical data for commercial purposes and the improvement of the machine learning components of the software. CATCH also collects and processes feedback and behavioral data from the CUSTOMER during the use of the services in order to improve the software and internal processes. In this respect, CATCH undertakes to take all necessary technical and procedural measures to ensure the conformity of the Software with existing regulations in the field of artificial intelligence.
During the existing contractual relationship, CATCH is entitled to contact the customer for quality assurance purposes and to use the contact details provided for this purpose.
Rights and obligations of the CUSTOMER
CATCH expressly points out that AI technologies are used in the context of the services provided, which may be associated with risks (e.g. discrimination) for data subjects. In this respect, it is the sole responsibility of the CUSTOMER to examine, on a risk-based and case-by-case basis, whether the services can be used in accordance with the fundamental rights of natural persons. In this respect, the CUSTOMER is responsible for ensuring that CATCH's services are used in a fair, non-discriminatory (in particular in compliance with the AGG) and legally compliant manner and that the necessary technical and organizational measures are taken on a risk-based basis to minimize risks and protect the fundamental rights of users (e.g. by raising employee awareness, employee guidelines, etc.). It will sensitize and train its employees with regard to existing risks in the processing of personal data and the use of AI technologies and properly fulfill its information and transparency obligations towards employees and applicants.
The CUSTOMER assures that the information provided by him is correct and complete. It shall inform CATCH immediately of any changes to the data required for the performance of the contractual relationship. In addition, the CUSTOMER shall only use the IT infrastructure to the contractually agreed extent and shall fulfill all obligations necessary for the performance of the contractual relationship in a timely, complete and technically correct manner.
The CUSTOMER shall protect the usage and access authorizations assigned to him or the authorized users as well as identification and authentication backups from access by third parties and shall not pass them on to unauthorized users. As soon as the CUSTOMER becomes aware that the access authorization has been unlawfully obtained by a third party, he is obliged to inform CATCH immediately.
The CUSTOMER shall refrain from retrieving information or data without authorization, either himself or through unauthorized third parties, or from interfering with programs operated by CATCH or having them interfered with, or from penetrating CATCH's data networks without authorization.
The CUSTOMER must ensure that the necessary hardware and software for Internet use and the necessary Internet access are available. In particular, he must ensure that common Internet browsers are used and kept up to date. The provision of these prerequisites as well as the telecommunications services of the transmission services from the server to the devices used by the CUSTOMER are not the subject of this contract, but are the responsibility of the CUSTOMER.
The CUSTOMER shall create daily backup copies of all data that it enters into the platform or the tool in order to ensure cost-effective recovery in the event of loss.
When using the services offered by CATCH, the CUSTOMER shall comply with all applicable laws and other legal provisions in force in the Federal Republic of Germany. The CUSTOMER is responsible for ensuring that the software is not misused.
Insofar as content is transmitted or provided, the CUSTOMER warrants that it is free of third-party rights, in particular copyrights, name and trademark rights, which restrict or exclude use / processing (in particular also processing using AI technologies) in accordance with the scope agreed here. The transmission of discriminatory, infringing, right-wing extremist, pornographic, racist, immoral content is prohibited, as is the transmission of content that offends the sense of decency of all fair and just thinkers.
If the CUSTOMER integrates CATCH's services into third-party software (e.g. into HR software used by the CUSTOMER), the CUSTOMER warrants that it is authorized to do so under licensing law and that neither the connection nor the data processing associated with the connection by CATCH violates the rights of third parties.
If the CUSTOMER culpably breaches the obligations arising from this Section 6 (in particular Sections 6.1, 6.7, 6.8 and 6.9) and if third parties (e.g. applicants or providers of third-party software) or employees of the CUSTOMER assert claims against CATCH in this respect, the CUSTOMER shall indemnify CATCH against all costs and damages upon first request, unless the CUSTOMER is not responsible for the infringement or the claims are already time-barred. In the event of a legal dispute, the CUSTOMER shall bear all costs in this regard (in particular also the costs of legal defense in the actual amount). The parties shall inform each other in the event of a claim.
With regard to the AI systems used, the CUSTOMER acknowledges that AI may only be used in a supportive manner, but not decisively. The CUSTOMER therefore undertakes to make the final human decision within the scope of all services.
Intellectual property
Unless expressly stipulated otherwise, all trademarks, inventions, patents, copyrights (in particular to software), etc. and all other intellectual property and all other intellectual property rights shall remain the property of the person who created them or is their owner, unless they are expressly transferred in writing.
Granting of rights / contractual penalty
The CUSTOMER and the users authorized by him (employees) receive the non-exclusive right, limited in time to the term of the test phase or the respective subscription, to access the services offered by CATCH by means of telecommunications and to use the functionalities associated with the tool and the platform by means of a browser within the scope of the purchased subscription in accordance with these GTC. If the software is integrated into web applications of the CUSTOMER, the right of use is limited to the necessary acts of use. The CUSTOMER shall not receive any further rights, in particular to software applications, source codes or the operating software. The CUSTOMER may only use the services in-house within the scope of its own business activities by its own personnel.
In the case of fee-based subscriptions, the right of use is subject to full payment.
The customer is not entitled to use the software beyond the use permitted in accordance with these GTC. In particular, the customer is not permitted to edit, reproduce, sell, make publicly accessible or transfer, rent or lend the software or parts thereof for a limited period of time. The mandatory provisions of Sections 69d and 69e UrhG remain unaffected.
In the event of culpable and unauthorized use or transfer of use, the CUSTOMER shall pay CATCH an immediately due contractual penalty in the amount of three times the monthly transfer price for the duration of the unauthorized transfer. CATCH reserves the right to assert claims for damages. In this case, the contractual penalty shall be offset against the claim for damages.
The CUSTOMER grants CATCH the simple rights of use necessary for the contractual provision of the services to all content, materials, brands, logos, etc. that are made available in the context of the use of CATCH services. In this respect, the right of use also includes the right to train AI technologies used by CATCH. CATCH is also entitled to publish the content on its own website and external publications and to use it for advertising purposes.
The granting of rights of use ends when the CUSTOMER deletes their content or their account, unless the content has been shared with other users/companies and they have not deleted the content.
Prices / Terms of payment
The prices listed at https://www.catch-talents.de/preise apply.
Unless otherwise agreed, prices are quoted net in EURO plus statutory VAT.
Fees are due and payable monthly in advance, unless otherwise agreed with the CUSTOMER. Payments are made by SEPA direct debit or via the payment service provider Chargebee by invoice or credit card or SEPA direct payment or Paypal. If SEPA direct debit is used, the CUSTOMER shall issue CATCH with a mandate for SEPA core direct debit for all charges incurred. This also applies to new bank details provided by the CUSTOMER. The direct debit will be collected on the next business day, at the earliest 24 hours after CATCH has confirmed the order by e-mail. The period for pre-notification is shortened accordingly. When paying via Chargebee or PayPal, the respective terms and conditions of Chargebee and PayPal apply. The CUSTOMER is responsible for ensuring that the account is covered. The costs incurred due to the non-payment or chargeback of the direct debit shall be borne by the CUSTOMER as long as the non-payment or chargeback was not caused by CATCH.
Invoices are created electronically and made available digitally. The CUSTOMER hereby agrees to this. The CUSTOMER shall be informed of each new invoice and of the date of the SEPA direct debit (SEPA prenotification) by e-mail.
If the CUSTOMER is in default of payment of at least 2 months' remuneration, CATCH is entitled to temporarily block access to the services after unsuccessful reminders by e-mail until full payment has been made. CATCH will inform the CUSTOMER of the notified date for the temporary blocking as part of the threat. The temporary blocking of services does not affect the CUSTOMER's obligation to pay.
Warranty / Liability
CATCH's warranty does not extend to damage and/or malfunctions caused by the CUSTOMER's culpable breach of the provisions of this contract. Upon request, the CUSTOMER shall support CATCH to the best of its ability in identifying and rectifying errors.
If a defect occurs in the services provided by CATCH, CATCH shall, at its discretion, either remedy the defect within a reasonable period of time or provide the defective service again free of defects (overall subsequent performance).
CATCH shall be liable without limitation for damages or reimbursement of futile expenses in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act and to the extent of a guarantee assumed by CATCH and in the event of fraudulent intent. The same applies in the event of default by CATCH for claims for default interest, for the default lump sum pursuant to Section 288 (5) BGB and for compensation for the damage caused by default, which is based on the costs of legal action. This provision does not imply a change in the burden of proof to the detriment of the CUSTOMER.
In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), CATCH's liability shall be limited to the foreseeable typical damage. The same applies in the event of default by CATCH or impossibility of performance for which CATCH is responsible.
CATCH is not liable for the functionality of the telecommunications connection to servers used by CATCH, nor for failures of servers that are beyond CATCH's control. CATCH is also not liable for damage caused by force majeure or comparable events. Comparable events include, in particular, strikes, official orders, pandemics, epidemics, disruptions in the area of other telecommunications or service providers.
Liability for data loss shall be limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved, unless one of the conditions set out in sections 10.3. and 10.4. applies.
Liability under Section 536 a (2) BGB (tenant's right to rectify defects himself) is excluded. CATCH's liability for damages (Section 536 a BGB) for defects existing at the time of conclusion of the contract is also excluded, insofar as the standard provides for strict liability. Sections 10.3. and 10.4. remain unaffected.
CATCH shall have no further liability. The objection of contributory negligence remains unaffected.
The above limitation of liability also applies to the personal liability of CATCH's employees, representatives, executive bodies and vicarious agents.
Claims for damages shall become time-barred twelve months after the start of the statutory limitation period, unless there is intent or gross negligence or liability for injury to life, limb or health.
Data protection / Confidentiality
Information on data collection by CATCH can be found in the data protection notice at https://www.catch-talents.de/datenschutz. CATCH has a data protection officer.
If the CUSTOMER collects, processes or uses personal data itself or through CATCH, it warrants that it is authorized to do so in accordance with the applicable provisions. It also warrants that decisions with legal effects are only made by natural persons (Art. 22 para. 1 GDPR). In the event of a breach in this respect, the CUSTOMER shall indemnify CATCH against all claims by third parties (including the necessary legal costs) upon first request, unless the CUSTOMER is not responsible for the infringement or the infringement is already time-barred.
The parties undertake to maintain confidentiality regarding confidential information of the other party. This obligation shall survive the end of this contract. Excluded from this obligation is confidential information that
(a) are demonstrably already known to the recipient upon conclusion of the contract or become known thereafter from a third party;
(b) which are publicly known at the time the contract is concluded or are made public thereafter;
(c) which must be disclosed by law or by order of a court or public authority. As far as possible and permissible, the recipient obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclosure;
(d) may be used for the purposes of machine learning and AI training.
Contract duration / termination / deletion of the user account
Contracts commence upon acceptance of the CUSTOMER's offer by CATCH.
Free-of-charge contracts of use in relation to user accounts are concluded for an indefinite period. They can be terminated at any time by either party with a notice period of two weeks to the end of each calendar month, but at the earliest at the end of the license agreement (subscription) concluded between the parties. Deletion of the account by the CUSTOMER in the login area constitutes termination of the user account.
The term of the paid subscription (license agreement) depends on the respective service package.
The concluded subscription is extended by twelve (12) calendar months if it is not terminated by either party with three (3) months' notice to the end of the respective term.
The right to extraordinary termination for good cause remains unaffected for both parties.
The right to terminate the contract pursuant to Section 543 (2) No. 1 BGB for failure to grant use in accordance with the contract is only permissible if CATCH has been given sufficient opportunity to remedy the defect and this has failed.
Unless CATCH is legally obliged to retain/store the data or the parties have agreed otherwise, CATCH shall delete the content entered by the CUSTOMER in the tool three months after termination of the contractual relationship. During the three-month period between the end of the contract and deletion, the CUSTOMER can have the account reactivated via support in order to export existing documents even after termination of the contract.
Subject to change
CATCH reserves the right to amend these GTC unilaterally if this appears objectively justified. Changes are objectively justified, for example, in the event of a change in the legal or statutory situation (e.g. if a clause is declared invalid by the courts) or if unforeseeable changes that CATCH does not cause and over which CATCH has no influence disturb the equivalence relationship existing at the time of conclusion of the contract to a not insignificant extent. The prerequisite for a change is always that it is reasonable for the CUSTOMER. The current version of the GTC can be viewed and saved at https://www.catch-talents.de/tos-companies.
Registered CUSTOMERS will be notified of changes to the GTC. They shall be deemed approved if the CUSTOMER has not objected to the validity of the amended GTC in writing or by e-mail to CATCH within six weeks and CATCH has pointed out the legal consequences of a failure to object.
Final provisions
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the CUSTOMER has his habitual residence shall remain unaffected.
CATCH's registered office is the place of jurisdiction, unless an exclusive place of jurisdiction exists. In the cases referred to in sentence 1, the place of jurisdiction of Cologne shall be deemed to be agreed as a special place of jurisdiction, which therefore does not affect other statutory places of jurisdiction.
The place of performance for all claims against CATCH is CATCH's registered office.
Amendments and additions to this contract and its termination must be made in writing. This shall also apply to any rescission or waiver of the written form requirement. All other declarations in connection with the performance of this contract, in particular declarations of consent and approval, may be sent by e-mail (to the e-mail addresses provided by the parties for these purposes). Verbal agreements and telephone transmissions are not sufficient.
Should a provision of these GTC or the contracts or a provision included herein in the future be wholly or partially invalid or unenforceable or subsequently lose its legal validity or enforceability, this shall not affect the validity of the remaining provisions of these GTC and the contracts. The same shall apply if it should transpire that the GTC or one of the contracts contains a loophole. The parties are aware of the case law of the Federal Court of Justice, according to which a severability clause merely reverses the burden of proof. However, it is the express intention of the parties to maintain the validity of the remaining contractual provisions under all circumstances and thus to waive Section 139 BGB in its entirety.
Status: 25.06.2024
Note:
For reasons of readability and accessibility, we sometimes use the generic masculine in our following terms of use. The chosen form applies regardless of the respective gender (male, female, diverse).
Scope of application / General
The following General Terms and Conditions ("GTC") govern the business relationship between the company Catch GmbH, Im Zollhafen 18, 50678 Cologne, represented by the managing directors Justin Bous and Marco Verhoeven (hereinafter referred to as "CATCH"), as the provider of the platform offered under the URL https://www.catch-talents.de (hereinafter referred to as "Platform") and the applicant management system provided under the URL https://company.catch-talents.de (hereinafter referred to as "Tool"), and the contractual partner (hereinafter referred to as "CUSTOMER"). The Platform and Tool are hereinafter also referred to jointly as "Software" or "Service".
These GTC apply exclusively to CUSTOMERS who are entrepreneurs. "Entrepreneurs" within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when concluding the usage or license agreement.
The current version of these GTC can be printed out and saved at any time via the link provided(https://www.catch-talents.de/tos-companies).
The contract languages are German and English, depending on the customer's choice.
General terms and conditions of the CUSTOMER or third parties shall not apply unless CATCH expressly agrees to them at least in text form. Their validity is hereby expressly rejected.
Unless otherwise agreed, the GTC in the version communicated shall also apply as a framework agreement for similar future contracts (e.g. subscription renewals) without CATCH having to refer to them separately.
Subject matter of the contract
CATCH enables registered CUSTOMERS and authorized users of the CUSTOMER (employees) to use the services provided in the area of recruiting and applicant management by means of a remote data connection via the Internet within the framework of fee-based license agreements. A description of the individual services can be found in the "Functions" tab at https://www.catch-talents.de.
With the provision of the software, the CUSTOMER receives the technical possibility and authorization to access CATCH's services via the Internet and to use all functionalities within the scope of the respective license package booked. CATCH is merely the provider of the software and technical service provider. CATCH is not involved in the recruiting process itself or in application procedures or employment contracts. Third-party content published via CATCH (e.g. applicants) is neither verified nor checked.
The services provided by CATCH are used via a standard web browser.
CATCH uses AI technologies as part of the services offered. Further information on the AI technologies used can be found at https://www.catch-talents.de/ai-infos. This AI includes proprietary or licensed components, statistical models and databases as well as third-party services that are integrated into the software and are used exclusively within the scope of the functions offered. The CUSTOMER recognizes that the complexity of these AI systems may preclude a complete explanation of their operations and results and that any AI output requires human review and final decision. AI is used in connection with the following functions and services:
- analysis of data contained in documents and attachments as well as data generated by users' interactions with the Services;
- Individual Strength Analysis (ISA method) for applicant profiling and job matching purposes;
- personalized and automated direct communication in any form, such as software, email, SMS and any other source or channel used by the user to exchange information. any channel used by the user to exchange data and interact within CATCH's services;
- Analysis of user behavior based on anonymized data for the purpose of improving the services
- Recommendation, evaluation and pre-sorting of job offers and applications
- Active sourcing of applicants;
- Creation of advertising texts and audiovisual text content;
- Translation and text editing or optimization; - Misuse of the CATCH services; - Translation and text editing or optimization; - Misuse of the CATCH services for the purpose of improving the CATCH services. optimization;
- abuse monitoring / IT security.
Catch uses AI as a tool to enhance and improve its internal processes and the functionality of the software and never replaces essential human oversight in decision-making processes. All critical decisions impacting applications, businesses or users are always subject to final human judgment or a "man-in-the-loop" process to ensure a balanced and considerate approach to automated decision making. Through these practices, CATCH strives to maintain a responsible and ethical attitude towards the use of artificial intelligence in its services, prioritizing the welfare and fair treatment of all stakeholders involved. Details on the processing of personal data in connection with AI technologies can be found in our data protection notice at https://www.catch-talents.de/datenschutz.
Conclusion of contract/registration
The presentation of the individual license packages on the website and within the login area does not constitute a legally binding offer, but an invitation to order (offer) by the CUSTOMER.
The use of the services offered by CATCH first requires registration by opening a free user account. The CUSTOMER registers using the registration form provided on the platform. The CUSTOMER fills in the relevant mandatory fields (name, address, legal form, e-mail address), assigns his/her own password, accepts these GTC by opting in and clicks on the "Register now" button. Before submitting the registration form, the CUSTOMER can check the data previously entered and, if necessary, correct it by entering other data or deleting the data entered in the respective input field. After submitting the registration form, the CUSTOMER receives an automatic e-mail from Catch with a confirmation link (so-called double opt-in). In addition to the registration confirmation, the CUSTOMER may also receive further information in text form. If the CUSTOMER clicks on the confirmation link, the registration is successfully completed and the user account is opened.
Each CUSTOMER may only register once. One user account must be created per CUSTOMER. User accounts are not transferable.
There is no entitlement to registration. CATCH reserves the right to refuse registration without giving reasons.
If desired, CATCH shall provide the CUSTOMER with a free trial version of the software for a limited period of time after registration, which may be used once only. During this test phase, the CUSTOMER may use CATCH's services for test purposes. There is no entitlement to a free trial version. The trial version can be changed to a full version at any time by concluding a paid license agreement.
In order to be able to use the selected or all CATCH services, the CUSTOMER is obliged to conclude a fee-based license agreement in the login area or to accept a valid offer from CATCH. To do this, the CUSTOMER either independently selects the desired license package (subscription), enters the required payment details and clicks on the "Book now" button, or accepts an existing offer by means of a (digital) signature. By clicking the "Book now" button or submitting the (digital) signature, the CUSTOMER submits a binding offer to conclude a license agreement subject to a fee. The CUSTOMER shall be bound by this contractual offer for a period of 14 days. If CATCH accepts the offer in text form (e-mail) within this binding period, the fee-based license agreement for the selected subscription is concluded.
The text of the contract is not saved. However, CATCH sends the order data to the CUSTOMER by e-mail.
Availability of services
CATCH guarantees an availability of 99% per calendar year minus agreed maintenance windows and minus downtimes for which the provider is not responsible.
CATCH is entitled to carry out care and maintenance work and to suspend or restrict the provision of the services for this reason (so-called downtime). However, the downtime may not exceed 3 hours per month. It shall also take place outside normal business hours between 7 pm and 6 am. If this is not possible, CATCH shall inform the CUSTOMER at least three days before the planned downtime.
Irrespective of the availability quota, CATCH's liability pursuant to sections 10.3. and 10.4. of these GTC remains unaffected.
Rights and obligations of the provider
CATCH provides the CUSTOMER with an IT infrastructure for a fee, the specific content and scope of which can be found in the functional description and the price list at https://www.catch-talents.de/preise.
CATCH will provide, host, maintain and service the necessary technical server landscapes for the provision of the services. CATCH is entitled to use third parties (e.g. sub-service providers) to perform the services, subject to the data protection agreements concluded between the contracting parties. The Contractual Partner expressly agrees to this.
CATCH backs up the server data on a daily basis using an up-to-date data backup medium. There is no contractual obligation to archive the data backup media. The CUSTOMER has no claim to the surrender of the data backup medium.
CATCH is entitled to change and optimize its services to an extent that does not significantly impair or jeopardize the contractual purpose of the contractual relationship. With regard to services offered free of charge, CATCH is entitled to discontinue these at any time without notice.
CATCH is entitled to use the CUSTOMER's content for the purpose of optimizing and improving the services offered by means of AI technologies. CATCH will ensure that applicable data protection law is complied with. The improvement of functionalities includes the monitoring and evaluation of the services offered, the compilation of cumulative statistical data for commercial purposes and the improvement of the machine learning components of the software. CATCH also collects and processes feedback and behavioral data from the CUSTOMER during the use of the services in order to improve the software and internal processes. In this respect, CATCH undertakes to take all necessary technical and procedural measures to ensure the conformity of the Software with existing regulations in the field of artificial intelligence.
During the existing contractual relationship, CATCH is entitled to contact the customer for quality assurance purposes and to use the contact details provided for this purpose.
Rights and obligations of the CUSTOMER
CATCH expressly points out that AI technologies are used in the context of the services provided, which may be associated with risks (e.g. discrimination) for data subjects. In this respect, it is the sole responsibility of the CUSTOMER to examine, on a risk-based and case-by-case basis, whether the services can be used in accordance with the fundamental rights of natural persons. In this respect, the CUSTOMER is responsible for ensuring that CATCH's services are used in a fair, non-discriminatory (in particular in compliance with the AGG) and legally compliant manner and that the necessary technical and organizational measures are taken on a risk-based basis to minimize risks and protect the fundamental rights of users (e.g. by raising employee awareness, employee guidelines, etc.). It will sensitize and train its employees with regard to existing risks in the processing of personal data and the use of AI technologies and properly fulfill its information and transparency obligations towards employees and applicants.
The CUSTOMER assures that the information provided by him is correct and complete. It shall inform CATCH immediately of any changes to the data required for the performance of the contractual relationship. In addition, the CUSTOMER shall only use the IT infrastructure to the contractually agreed extent and shall fulfill all obligations necessary for the performance of the contractual relationship in a timely, complete and technically correct manner.
The CUSTOMER shall protect the usage and access authorizations assigned to him or the authorized users as well as identification and authentication backups from access by third parties and shall not pass them on to unauthorized users. As soon as the CUSTOMER becomes aware that the access authorization has been unlawfully obtained by a third party, he is obliged to inform CATCH immediately.
The CUSTOMER shall refrain from retrieving information or data without authorization, either himself or through unauthorized third parties, or from interfering with programs operated by CATCH or having them interfered with, or from penetrating CATCH's data networks without authorization.
The CUSTOMER must ensure that the necessary hardware and software for Internet use and the necessary Internet access are available. In particular, he must ensure that common Internet browsers are used and kept up to date. The provision of these prerequisites as well as the telecommunications services of the transmission services from the server to the devices used by the CUSTOMER are not the subject of this contract, but are the responsibility of the CUSTOMER.
The CUSTOMER shall create daily backup copies of all data that it enters into the platform or the tool in order to ensure cost-effective recovery in the event of loss.
When using the services offered by CATCH, the CUSTOMER shall comply with all applicable laws and other legal provisions in force in the Federal Republic of Germany. The CUSTOMER is responsible for ensuring that the software is not misused.
Insofar as content is transmitted or provided, the CUSTOMER warrants that it is free of third-party rights, in particular copyrights, name and trademark rights, which restrict or exclude use / processing (in particular also processing using AI technologies) in accordance with the scope agreed here. The transmission of discriminatory, infringing, right-wing extremist, pornographic, racist, immoral content is prohibited, as is the transmission of content that offends the sense of decency of all fair and just thinkers.
If the CUSTOMER integrates CATCH's services into third-party software (e.g. into HR software used by the CUSTOMER), the CUSTOMER warrants that it is authorized to do so under licensing law and that neither the connection nor the data processing associated with the connection by CATCH violates the rights of third parties.
If the CUSTOMER culpably breaches the obligations arising from this Section 6 (in particular Sections 6.1, 6.7, 6.8 and 6.9) and if third parties (e.g. applicants or providers of third-party software) or employees of the CUSTOMER assert claims against CATCH in this respect, the CUSTOMER shall indemnify CATCH against all costs and damages upon first request, unless the CUSTOMER is not responsible for the infringement or the claims are already time-barred. In the event of a legal dispute, the CUSTOMER shall bear all costs in this regard (in particular also the costs of legal defense in the actual amount). The parties shall inform each other in the event of a claim.
With regard to the AI systems used, the CUSTOMER acknowledges that AI may only be used in a supportive manner, but not decisively. The CUSTOMER therefore undertakes to make the final human decision within the scope of all services.
Intellectual property
Unless expressly stipulated otherwise, all trademarks, inventions, patents, copyrights (in particular to software), etc. and all other intellectual property and all other intellectual property rights shall remain the property of the person who created them or is their owner, unless they are expressly transferred in writing.
Granting of rights / contractual penalty
The CUSTOMER and the users authorized by him (employees) receive the non-exclusive right, limited in time to the term of the test phase or the respective subscription, to access the services offered by CATCH by means of telecommunications and to use the functionalities associated with the tool and the platform by means of a browser within the scope of the purchased subscription in accordance with these GTC. If the software is integrated into web applications of the CUSTOMER, the right of use is limited to the necessary acts of use. The CUSTOMER shall not receive any further rights, in particular to software applications, source codes or the operating software. The CUSTOMER may only use the services in-house within the scope of its own business activities by its own personnel.
In the case of fee-based subscriptions, the right of use is subject to full payment.
The customer is not entitled to use the software beyond the use permitted in accordance with these GTC. In particular, the customer is not permitted to edit, reproduce, sell, make publicly accessible or transfer, rent or lend the software or parts thereof for a limited period of time. The mandatory provisions of Sections 69d and 69e UrhG remain unaffected.
In the event of culpable and unauthorized use or transfer of use, the CUSTOMER shall pay CATCH an immediately due contractual penalty in the amount of three times the monthly transfer price for the duration of the unauthorized transfer. CATCH reserves the right to assert claims for damages. In this case, the contractual penalty shall be offset against the claim for damages.
The CUSTOMER grants CATCH the simple rights of use necessary for the contractual provision of the services to all content, materials, brands, logos, etc. that are made available in the context of the use of CATCH services. In this respect, the right of use also includes the right to train AI technologies used by CATCH. CATCH is also entitled to publish the content on its own website and external publications and to use it for advertising purposes.
The granting of rights of use ends when the CUSTOMER deletes their content or their account, unless the content has been shared with other users/companies and they have not deleted the content.
Prices / Terms of payment
The prices listed at https://www.catch-talents.de/preise apply.
Unless otherwise agreed, prices are quoted net in EURO plus statutory VAT.
Fees are due and payable monthly in advance, unless otherwise agreed with the CUSTOMER. Payments are made by SEPA direct debit or via the payment service provider Chargebee by invoice or credit card or SEPA direct payment or Paypal. If SEPA direct debit is used, the CUSTOMER shall issue CATCH with a mandate for SEPA core direct debit for all charges incurred. This also applies to new bank details provided by the CUSTOMER. The direct debit will be collected on the next business day, at the earliest 24 hours after CATCH has confirmed the order by e-mail. The period for pre-notification is shortened accordingly. When paying via Chargebee or PayPal, the respective terms and conditions of Chargebee and PayPal apply. The CUSTOMER is responsible for ensuring that the account is covered. The costs incurred due to the non-payment or chargeback of the direct debit shall be borne by the CUSTOMER as long as the non-payment or chargeback was not caused by CATCH.
Invoices are created electronically and made available digitally. The CUSTOMER hereby agrees to this. The CUSTOMER shall be informed of each new invoice and of the date of the SEPA direct debit (SEPA prenotification) by e-mail.
If the CUSTOMER is in default of payment of at least 2 months' remuneration, CATCH is entitled to temporarily block access to the services after unsuccessful reminders by e-mail until full payment has been made. CATCH will inform the CUSTOMER of the notified date for the temporary blocking as part of the threat. The temporary blocking of services does not affect the CUSTOMER's obligation to pay.
Warranty / Liability
CATCH's warranty does not extend to damage and/or malfunctions caused by the CUSTOMER's culpable breach of the provisions of this contract. Upon request, the CUSTOMER shall support CATCH to the best of its ability in identifying and rectifying errors.
If a defect occurs in the services provided by CATCH, CATCH shall, at its discretion, either remedy the defect within a reasonable period of time or provide the defective service again free of defects (overall subsequent performance).
CATCH shall be liable without limitation for damages or reimbursement of futile expenses in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act and to the extent of a guarantee assumed by CATCH and in the event of fraudulent intent. The same applies in the event of default by CATCH for claims for default interest, for the default lump sum pursuant to Section 288 (5) BGB and for compensation for the damage caused by default, which is based on the costs of legal action. This provision does not imply a change in the burden of proof to the detriment of the CUSTOMER.
In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), CATCH's liability shall be limited to the foreseeable typical damage. The same applies in the event of default by CATCH or impossibility of performance for which CATCH is responsible.
CATCH is not liable for the functionality of the telecommunications connection to servers used by CATCH, nor for failures of servers that are beyond CATCH's control. CATCH is also not liable for damage caused by force majeure or comparable events. Comparable events include, in particular, strikes, official orders, pandemics, epidemics, disruptions in the area of other telecommunications or service providers.
Liability for data loss shall be limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved, unless one of the conditions set out in sections 10.3. and 10.4. applies.
Liability under Section 536 a (2) BGB (tenant's right to rectify defects himself) is excluded. CATCH's liability for damages (Section 536 a BGB) for defects existing at the time of conclusion of the contract is also excluded, insofar as the standard provides for strict liability. Sections 10.3. and 10.4. remain unaffected.
CATCH shall have no further liability. The objection of contributory negligence remains unaffected.
The above limitation of liability also applies to the personal liability of CATCH's employees, representatives, executive bodies and vicarious agents.
Claims for damages shall become time-barred twelve months after the start of the statutory limitation period, unless there is intent or gross negligence or liability for injury to life, limb or health.
Data protection / Confidentiality
Information on data collection by CATCH can be found in the data protection notice at https://www.catch-talents.de/datenschutz. CATCH has a data protection officer.
If the CUSTOMER collects, processes or uses personal data itself or through CATCH, it warrants that it is authorized to do so in accordance with the applicable provisions. It also warrants that decisions with legal effects are only made by natural persons (Art. 22 para. 1 GDPR). In the event of a breach in this respect, the CUSTOMER shall indemnify CATCH against all claims by third parties (including the necessary legal costs) upon first request, unless the CUSTOMER is not responsible for the infringement or the infringement is already time-barred.
The parties undertake to maintain confidentiality regarding confidential information of the other party. This obligation shall survive the end of this contract. Excluded from this obligation is confidential information that
(a) are demonstrably already known to the recipient upon conclusion of the contract or become known thereafter from a third party;
(b) which are publicly known at the time the contract is concluded or are made public thereafter;
(c) which must be disclosed by law or by order of a court or public authority. As far as possible and permissible, the recipient obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclosure;
(d) may be used for the purposes of machine learning and AI training.
Contract duration / termination / deletion of the user account
Contracts commence upon acceptance of the CUSTOMER's offer by CATCH.
Free-of-charge contracts of use in relation to user accounts are concluded for an indefinite period. They can be terminated at any time by either party with a notice period of two weeks to the end of each calendar month, but at the earliest at the end of the license agreement (subscription) concluded between the parties. Deletion of the account by the CUSTOMER in the login area constitutes termination of the user account.
The term of the paid subscription (license agreement) depends on the respective service package.
The concluded subscription is extended by twelve (12) calendar months if it is not terminated by either party with three (3) months' notice to the end of the respective term.
The right to extraordinary termination for good cause remains unaffected for both parties.
The right to terminate the contract pursuant to Section 543 (2) No. 1 BGB for failure to grant use in accordance with the contract is only permissible if CATCH has been given sufficient opportunity to remedy the defect and this has failed.
Unless CATCH is legally obliged to retain/store the data or the parties have agreed otherwise, CATCH shall delete the content entered by the CUSTOMER in the tool three months after termination of the contractual relationship. During the three-month period between the end of the contract and deletion, the CUSTOMER can have the account reactivated via support in order to export existing documents even after termination of the contract.
Subject to change
CATCH reserves the right to amend these GTC unilaterally if this appears objectively justified. Changes are objectively justified, for example, in the event of a change in the legal or statutory situation (e.g. if a clause is declared invalid by the courts) or if unforeseeable changes that CATCH does not cause and over which CATCH has no influence disturb the equivalence relationship existing at the time of conclusion of the contract to a not insignificant extent. The prerequisite for a change is always that it is reasonable for the CUSTOMER. The current version of the GTC can be viewed and saved at https://www.catch-talents.de/tos-companies.
Registered CUSTOMERS will be notified of changes to the GTC. They shall be deemed approved if the CUSTOMER has not objected to the validity of the amended GTC in writing or by e-mail to CATCH within six weeks and CATCH has pointed out the legal consequences of a failure to object.
Final provisions
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the CUSTOMER has his habitual residence shall remain unaffected.
CATCH's registered office is the place of jurisdiction, unless an exclusive place of jurisdiction exists. In the cases referred to in sentence 1, the place of jurisdiction of Cologne shall be deemed to be agreed as a special place of jurisdiction, which therefore does not affect other statutory places of jurisdiction.
The place of performance for all claims against CATCH is CATCH's registered office.
Amendments and additions to this contract and its termination must be made in writing. This shall also apply to any rescission or waiver of the written form requirement. All other declarations in connection with the performance of this contract, in particular declarations of consent and approval, may be sent by e-mail (to the e-mail addresses provided by the parties for these purposes). Verbal agreements and telephone transmissions are not sufficient.
Should a provision of these GTC or the contracts or a provision included herein in the future be wholly or partially invalid or unenforceable or subsequently lose its legal validity or enforceability, this shall not affect the validity of the remaining provisions of these GTC and the contracts. The same shall apply if it should transpire that the GTC or one of the contracts contains a loophole. The parties are aware of the case law of the Federal Court of Justice, according to which a severability clause merely reverses the burden of proof. However, it is the express intention of the parties to maintain the validity of the remaining contractual provisions under all circumstances and thus to waive Section 139 BGB in its entirety.
Stand: 13.10.2024
