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Terms Of Services

Data Protection notice

As of 22. Dezember 2025

Preamble

We, KIEDIS AG (hereinafter collectively referred to as: “the company”, “we” or “us”), take the protection of your personal data seriously and would like to inform you about data protection in our company at this point.

Within the scope of our data protection responsibility, additional obligations have been imposed on us as a result of the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: “GDPR”) to ensure the protection of personal data of the person affected by processing (hereinafter we also address you as the data subject with “customer”, “user”, “you”, “your” or “data subject”).

Insofar as we either alone or jointly with others decide on the purposes and means of data processing, this includes in particular the obligation to inform you transparently about the type, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 GDPR). With this declaration (hereinafter: “Data Protection notice”) we inform you about the way in which your personal data is processed by us.

Our Data Protection notice are modular in structure. They consist of a general part for any processing of personal data and processing situations that apply to each access to the KIEDIS platform (General Information) and a special part whose content relates only to the processing situation specified there with designation of the respective offer or product, in particular the use of the platform described in more detail here (Use of the platform).

In order to be able to find the parts relevant to you, please note the following overview of the subdivision of the Data Protection notice:

  • General Information
  • Use of the platform

General Information

Definitions

Our Data protection notice is based on following definitions:

  • “Personal data” (Art. 4(1) GDPR) means any information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if he or she can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. Identifiability may also be given by linking such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photos, video or audio recordings may also contain personal data).
  • “Processing” (Art. 4(2) GDPR) means any operation which is performed upon personal data, whether or not by automated (i.e. technology-assisted) means. This includes, in particular, the collection (i.e. the acquisition), recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a destination or purpose for which the data processing was originally based.
  • “Controller” (Art. 4(7) GDPR) is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
  • “Third party” (Art. 4(10) GDPR) is any natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who are authorized to process personal data under the direct responsibility of the controller or processor; this also includes other group-affiliated legal entities.
  • “Processor” (Art. 4(8) GDPR) is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller, in particular in accordance with the controller’s instructions (e.g. IT service providers). In the data protection law sense, a processor is in particular not a third party.
  • “Consent” (Art. 4(11) GDPR) of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

We are the controller responsible for processing your personal data within the meaning of Article 4(7) of the GDPR:

KIEDIS AG
Beethovenplatz 2, 80336 Munich, Germany
Contact: +49 89414 3526 / [email protected]

For further information about our company, please refer to the imprint on our website.

Contact details of our data protection officer

If you have any questions and as a contact person on the subject of data protection, our company data protection officer is available to you at any time. His contact details are:

KIEDIS AG
Beethovenplatz 2, 80336 Munich, Germany
[email protected]

Legal basis for data processing

As a matter of principle, all processing of personal data is prohibited by law and is only permitted if the data processing falls under one of the following legal bases:

  • Art. 6(1) sentence 1 lit. a GDPR (“consent”): If the data subject has given consent to the processing of his or her personal data for one or more specific purposes by a statement or other clear affirmative act, freely given, informed and unambiguous.
  • Art. 6(1) sentence 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the data subject’s request.
  • Art. 6(1) sentence 1 lit. c GDPR: If the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a statutory retention obligation).
  • Art. 6(1) sentence 1 lit. d GDPR: If processing is necessary to protect vital interests of the data subject or another natural person.
  • Art. 6(1) sentence 1 lit. e GDPR: If processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • Art. 6(1) sentence 1 lit. f GDPR (“legitimate interests”): If processing is necessary for the purposes of the legitimate (in particular legal or economic) interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject (in particular if the data subject is a child).

The storage of information in the end-user’s terminal equipment or the access to information already stored in the end-user’s terminal equipment is only permitted if it is covered by one of the following legal bases:

  • Section 25(1) TTDSG: If the end-user has given consent on the basis of clear and comprehensive information. Consent must be given in accordance with Art. 6(1) sentence 1 lit. a GDPR.
  • Section 25(2) no. 1 TTDSG: If the sole purpose is to carry out the transmission of a message via a public telecommunications network.
  • Section 25(2) no. 2 TTDSG: If the storage or access is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user.

For the processing operations carried out by us, we specify the applicable legal basis in each case. Processing may also be based on several legal bases.

Data deletion and storage period

For the processing operations carried out by us, we specify in each case how long the data is stored by us and when it is deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storing it no longer applies. Your data is generally stored only on our servers in Germany / the EU, subject to any transfer in accordance with the provisions in section 1.7 and section 1.8.

However, data may be stored beyond the specified period in the event of a (threatening) legal dispute with you or other legal proceedings, or if storage is provided for by legal provisions to which we are subject as a controller (e.g. Section 257 of the German Commercial Code (HGB), Section 147 of the German Fiscal Code (AO)). When the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for it.

Data security

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties (e.g. TLS encryption for our platform), taking into account the state of the art, implementation costs and the nature, scope, context and purpose of the processing as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments. We will be happy to provide you with further information on request. Please contact our data protection officer (see section 1.3).

Cooperation with processors

As with almost every company, we use external service providers in Germany and abroad to handle our business transactions (e.g. in the area of IT, hosting, etc.). These service providers only act in accordance with our instructions and have been contractually obliged within the meaning of Art. 28 GDPR to comply with data protection regulations.

Requirements for the transfer of personal data to third countries

In the context of our business relationships, your personal data may be transferred to third-party companies or disclosed. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively for the fulfillment of contractual and business obligations and for maintaining your business relationship with us (legal basis is Art. 6(1) lit. b or lit. f each in conjunction with Art. 44 et seq. GDPR). We will inform you about the details of the transfer at the relevant points below.

For some third countries, the European Commission certifies by so-called adequacy decisions that data protection is comparable to the EEA standard (a list of these countries and a copy of the adequacy decisions can be found here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). In other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. In such cases, we ensure that data protection is adequately guaranteed. This is possible through binding corporate rules, standard contractual clauses of the European Commission for the protection of personal data in accordance with Art. 46(1), (2) lit. c GDPR (the 2021 standard contractual clauses are available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D0915&locale-en), certificates or recognized codes of conduct. Please contact our data protection officer (see section 1.3) if you would like more information.

No automated decision-making (including profiling)

We do not intend to use the personal data we collect from you for any automated decision-making process (including profiling).

No obligation to provide personal data

As a matter of principle, we do not make the conclusion of contracts with us dependent on you providing personal data beforehand. As a customer, you are generally not under any legal or contractual obligation to provide us with personal data; however, we may only be able to offer certain services to a limited extent or not at all if you do not provide the data required for this purpose. If this should exceptionally be the case for the products we offer and which are presented below, you will be notified separately.

Legal obligation to transmit certain data

We may be subject to a special statutory or legal obligation to provide lawfully processed personal data for third parties, in particular public authorities (Art. 6(1) sentence 1 lit. c GDPR).

Your rights

You can assert your rights as a data subject regarding your processed personal data against us at any time using the contact details provided above in section 1.2. As a data subject, you have the following rights:

  • In accordance with Art. 15 GDPR, to request information about your data processed by us. In particular, you may request information about the purposes of processing, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data, if it was not collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details.
  • In accordance with Art. 16 GDPR, to request the correction of incorrect data or the completion of your data stored by us without delay.
  • In accordance with Art. 17 GDPR, to request the deletion of your data stored by us, unless processing is necessary for exercising the right of freedom of expression and information, for fulfilling a legal obligation, for reasons of public interest or for asserting, exercising or defending legal claims.
  • In accordance with Art. 18 GDPR, to request the restriction of the processing of your data, insofar as the accuracy of the data is disputed by you or the processing is unlawful.
  • In accordance with Art. 20 GDPR, to receive your data provided to us in a structured, commonly used and machine-readable format or to request the transfer to another controller (“data portability”).
  • In accordance with Art. 21 GDPR, to object to processing if processing is based on Art. 6(1) sentence 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. If it is not an objection to direct marketing, we ask you to state the reasons why we should not process your data as carried out by us when exercising such an objection. In the event of your justified objection, we will examine the situation and either stop or adapt the data processing or explain to you our compelling legitimate grounds on the basis of which we continue the processing.
  • In accordance with Art. 7(3) GDPR, to revoke your consent once given (including before the GDPR came into force, i.e. before 25.5.2018) at any time. This means that we may no longer continue the data processing based on this consent in the future.
  • In accordance with Art. 77 GDPR, to lodge a complaint with a data protection supervisory authority about the processing of your personal data in our company, e.g. with the data protection supervisory authority responsible for us:

Bayerisches Landesamt für Datenschutzaufsicht
Postfach 1349, 91504 Ansbach, Germany
Contact: +49 (0) 981 180093-0 / [email protected]

Changes to the privacy policy

In the course of further development of data protection law as well as technological or organizational changes, our data protection information is regularly reviewed for the need for adaptation or supplementation. You will be informed about changes in particular on our website at www.kiedis.com. This data protection information is current as of December 2025.

Use of the platform

Explanation of the function

You can access our services in particular via www.kiedis.com and its related subpages (hereinafter collectively referred to as the “platform”). When you visit our platform, your personal data may be processed.

Processed personal data

When using the platform for informational purposes, we collect, store and further process the following categories of personal data:

  • “Log data”: When you visit our platform, a log data record (so-called server log files) is temporarily and anonymously stored on our web server. It consists of:
  • Website from which the platform was requested (so-called referrer URL)
  • Name and URL of the requested page
  • Date and time of access
  • Description of the type, language and version of the web browser used
  • IP address of the requesting computer, which is shortened so that it is no longer possible to establish a personal reference
  • Amount of data transferred
  • Operating system
  • Message whether the access was successful (access status/HTTP status code)
  • GMT time zone difference
  • “Registration form”: When using the registration form, the data transmitted through it is processed (e.g. gender, first name and surname, date of birth, address, company, e-mail address and the time of transmission).
  • “Contact form data”: When using contact forms, the data transmitted through it is processed (e.g. gender, first name and surname, address, company, e-mail address and the time of transmission).
  • “Newsletter”: We offer you the option to subscribe to our newsletter, which we use to inform you about current developments and offers of the platform. When you sign up for our newsletter, we collect, store and further process the following data. By signing up for the newsletter, you also consent to the evaluation of your user behavior through tracking pixels; this consent is obtained as part of the double opt-in process:
  • Website from which the platform was requested (so-called referrer URL)
  • Date and time of access
  • Description of the type of web browser used
  • IP address of the requesting computer, which is shortened so that it is no longer possible to establish a personal reference
  • E-mail address
  • Date and time of registration and confirmation

We would like to point out that we evaluate your user behavior when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are one-pixel image files stored on our website. For the evaluations, we link the above-mentioned data and the web beacons with your email address and an individual ID. Links in the newsletter also contain this ID. The data is collected exclusively in pseudonymized form, i.e. the IDs are not linked to your other personal data, direct personal identification is excluded.

Purpose and legal basis of data processing

We process the aforementioned personal data in accordance with the provisions of the GDPR, other relevant data protection regulations and only to the extent necessary. If the processing of personal data is based on Art. 6(1) sentence 1 lit. f GDPR, the purposes stated also represent our legitimate interests.

The processing of log data serves statistical purposes and improves the quality of our platform, in particular the stability and security of the connection (legal basis is Art. 6(1) sentence 1 lit. a or lit. f GDPR).

The processing of registration form data is carried out to register users (legal basis is Art. 6(1) sentence 1 lit. b or lit. f GDPR).

The processing of contact form data is carried out to process user requests (legal basis is Art. 6(1) sentence 1 lit. b or lit. f GDPR).

The processing of newsletter data is carried out for the purpose of sending the newsletter. As part of the registration for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6(1) lit. a GDPR). For registration for our newsletter, we use the so-called double opt-in procedure. This means that after your registration, we will send you an email to the email address you provided, asking you to confirm that you wish to receive the newsletter. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify possible misuse of your personal data. You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in each newsletter email, by email to [email protected] or by sending a message to the contact details provided in the imprint.

If the processing of the data requires the storage of information in your terminal device or access to information that is already stored in your terminal device, Section 25(1), (2) TTDSG is the legal basis for this.

Duration of data processing

Your data is only processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal basis specified for the processing purposes applies accordingly. With regard to the use and storage period of cookies, please refer to section 1.5 and the cookie policy.

Third parties used by us will store your data on their systems for as long as is necessary in connection with the provision of services for us in accordance with the respective order.

Further information on the storage period can be found in section 1.5 and the cookie policy.

Transfer of personal data to third parties; legal basis

The following categories of recipients, which are generally processors (see section 1.7), may have access to your personal data:

  • Service providers for the operation of our platform and the processing of data stored or transmitted by the systems (e.g. data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6(1) sentence 1 lit. b or lit. f GDPR, insofar as these are not processors;
  • Government agencies/authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the transfer is then Art. 6(1) sentence 1 lit. c GDPR;
  • Persons involved in the operation of our business (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the transfer is then Art. 6(1) sentence 1 lit. b or lit. f GDPR.

See section 1.8 for the guarantees of an adequate level of data protection when transferring data to third countries.

In addition, we will only pass on your personal data to third parties if you have given your express consent in accordance with Art. 6(1) sentence 1 lit. a GDPR.

Use of cookies, plugins and other services on our platform

Cookies

We use cookies on our platform. Cookies are small text files that are assigned and stored on your hard disk by the browser you use through a characteristic character string and through which certain information flows to the entity that sets the cookie. Cookies cannot run programs or transmit viruses to your computer and therefore cannot cause any damage. They serve to make the internet offer more user-friendly and effective overall, i.e. more pleasant for you. Cookies may contain data that makes it possible to recognize the device used. However, some cookies only contain information about certain settings that are not personally identifiable. Cookies cannot identify a user directly. A distinction is made between session cookies, which are deleted as soon as you close your browser, and persistent cookies, which are stored beyond the individual session. With regard to their function, a distinction is also made between:

  • Technical Cookies: These are absolutely necessary to move around the platform, use basic functions and ensure the security of the platform; they do not collect information about you for marketing purposes, nor do they store which websites you have visited;
  • Performance Cookies: These collect information about how you use our platform, which pages you visit and, for example, whether errors occur when using the platform; they do not collect any information that could identify you – all information collected is anonymous and is only used to improve our platform and find out what our users are interested in;
  • Advertising Cookies, Targeting Cookies: These are used to provide the user with advertising tailored to their needs on the platform or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months; and
  • Sharing Cookies: These are used to improve the interactivity of our platform with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.

The legal basis for cookies that are absolutely necessary to provide you with the expressly requested service is Section 25(2) no. 2 TTDSG. Any use of cookies that is not technically necessary for this purpose constitutes data processing that is only permitted with your express and active consent in accordance with Section 25(1) TTDSG in conjunction with Art. 6(1) sentence 1 lit. a GDPR. This applies in particular to the use of performance, advertising, targeting or sharing cookies. In addition, we will only pass on your personal data processed by cookies to third parties if you have given your express consent in accordance with Art. 6(1) sentence 1 lit. a GDPR.

Cookie policy

Further information about which cookies we use and how you can manage your cookie settings and deactivate certain types of tracking can be found in our cookie policy.

Social media plugins

We do not use any social media plugins on our platform. If our platform contains symbols of social media providers (e.g. LinkedIn), we only use these for passive linking to the pages of the respective providers.

Terms and Conditions (AGB) of KIEDIS AG

Version: 15 November 2025

1.Scope of application of the AGB

1.1.

These AGB apply to all contractual relationships and services of KIEDIS AG (Beethovenplatz 2, 80336 Munich, registered with the District Court of Munich under HRB 304585; contact: +49 89 414 35256, [email protected]; hereinafter: “KIEDIS”) towards a contractual partner.

1.2.

“Platform” within the meaning of these AGB is the web-based platform operated by KIEDIS at www.kiedis.com, which enables the networking of contractual partners for the initiation and handling of project assignments through the use of AI.

1.3.

“Contractual partners” within the meaning of these AGB are both “Customers” (i.e. companies that advertise or commission project assignments of freelancers via the platform) and “Freelancers” (i.e. independent or freelance or commercial experts).

1.4.

A contract between KIEDIS and the contractual partner is generally concluded by KIEDIS confirming the proper registration of the contractual partner on the platform. Subject to deviating written individual agreements, these AGB shall apply to legal relationships between KIEDIS and the contractual partner. These AGB shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the contractual partner shall not apply.

1.5.

The contractual partner has no claim to the conclusion of a contract with KIEDIS, even if all requirements for using the platform or the respective offer are met. KIEDIS shall decide at its own discretion whether and with whom a contract is concluded and is entitled to reject offers or inquiries at any time without giving reasons.

2.Changes and continued validity of the AGB

2.1.

KIEDIS is entitled to amend these AGB at any time if there is a legitimate interest, in particular due to legal, technical or economic changes. Amendments will be communicated to the contractual partner in text form (e.g. by email or via an announcement on the platform) at least four (4) weeks before the planned effective date. The contractual partner may object to the amendments in text form until they come into force. If no objection is made, the amended AGB shall be deemed agreed from the communicated date. In the event of an objection, KIEDIS shall be entitled to terminate the contractual relationship extraordinarily with a notice period of four (4) weeks. The contractual partner will be expressly informed of this consequence in the amendment notice. Material changes to the AGB will be highlighted accordingly.

2.2.

These AGB in their currently valid version shall also apply to all future services and contracts between KIEDIS and the contractual partner, unless expressly agreed otherwise.

3.Scope of services

3.1.

KIEDIS operates the platform in accordance with these AGB, the data protection provisions and the terms of use in their respective valid versions.

3.2.

The functions of the platform currently include in particular (but not exclusively)

  • creating and managing a profile and/or a résumé,
  • advertising projects,
  • matching or ranking job postings,
  • communication between customers and freelancers,
  • coordination and execution of an offer or application process,
  • use of a contract generator for a project,
  • creation of timesheets, time or milestone planning for a project,
  • creation of invoices or reporting for a project.

KIEDIS is entitled to adjust the scope of functions of the platform at its reasonable discretion, in particular for technical, legal or economic reasons. KIEDIS is also entitled to offer certain functions for an additional fee (e.g. premium models). In the event of significant changes to the scope of functions, the contractual partner will be informed in text form (e.g. by email or by announcement on the platform) at least four (4) weeks before the planned change. Insignificant adjustments that do not adversely affect the use of the platform can be made without prior notice. If it is unreasonable for the contractual partner to continue the contractual relationship as a result of a significant adverse change, the contractual partner shall have an extraordinary right of termination.

3.3.

As part of the operation of the platform, KIEDIS uses various artificial intelligence technologies (e.g. for matching, ranking, profile creation or the creation of contract drafts). These AI functions are exclusively intended to support the contractual partners in using the platform and expressly do not constitute legally binding advice, recommendation or decision. KIEDIS does not guarantee the accuracy, completeness or suitability of the results provided by the AI functions. The use of the AI functions and the resulting suggestions or results is always at the contractual partner’s own responsibility; the final review, evaluation and decision remain exclusively with the contractual partner. KIEDIS expressly points out that AI-based evaluations and recommendations may be prone to errors and may not necessarily take into account all individual characteristics of a specific case.

3.4.

KIEDIS can currently act for the contractual partner within two different service models:

  • Within the “Marketplace Model”, KIEDIS offers the possibility to conclude contracts for project assignments between customers and freelancers.
  • Within the “Managed Service Model”, the customer concludes a contract with KIEDIS regarding the project assignment and KIEDIS concludes a contract with the freelancer. In this case, KIEDIS takes over the invoicing and coordination of the freelancer for the customer.

Which model applies in the service relationship with the respective contractual partner results from the respective offer or contract.

4.Obligations of the contractual partner

4.1.

The use of the platform and the services offered by KIEDIS are exclusively permitted to entrepreneurs within the meaning of Section 14 BGB; consumers within the meaning of Section 13 BGB are expressly excluded. KIEDIS is entitled to request suitable evidence of the entrepreneur status. By registering, the contractual partner confirms that they act as an entrepreneur.

4.2.

The contractual partner warrants that all information provided by them on the platform – in particular regarding profiles, projects and invoicing – is correct and complete and keeps it updated throughout the term of the contract. The establishment of multiple accounts by the same contractual partner or affiliated companies is prohibited.

4.3.

The contractual partner is obliged to treat their access data (e.g. username, password) strictly confidentially, protect them against access by third parties and not pass them on to third parties. In the event of suspicion of misuse, loss or unauthorized use of access data, the contractual partner shall inform KIEDIS immediately in text form (e.g. by email). In such cases, KIEDIS is entitled to temporarily block access to the account.

4.4.

The contractual partner undertakes to refrain from any damaging behavior on the platform. In particular, it is prohibited:

– to register on the platform under a false identity or as another company,
– to develop, support or use software, technical aids or other methods (such as crawlers, browser plug-ins, add-ons, AI-based tools or comparable technologies) to “scrape” the platform or copy data,
– to disable security functions of the platform or otherwise circumvent access controls or usage restrictions,
– to copy, use or distribute information or data obtained via the platform without permission of the rights holder,
– to disclose information that may not be disclosed,
– to infringe third-party property rights (including copyrights, patents, trademarks and trade secrets),
– to publish content containing viruses, worms or other malicious code,
– to derive the source code of the platform by reverse engineering, decompiling, disassembling, decrypting or other methods, insofar as this is not permitted under mandatory statutory provisions, in particular Section 69e UrhG,
– to impair or unreasonably burden the functionality of the platform (e.g. through spam, denial-of-service attacks, manipulation algorithms),
– to use the platform for illegal, fraudulent, discriminatory, misleading or other inappropriate purposes,
– to harass other users or obtain unlawful advantages.

4.5.

The contractual partner undertakes to comply on their own responsibility with all relevant legal provisions, in particular labor, social security, tax, professional, export, sanctions and data protection law, in connection with the use of the platform and the implementation of assignments.

4.6.

The contractual partner is liable towards KIEDIS for all damages arising from a culpable breach of statutory, contractual or obligations regulated in these AGB.

4.7.

The contractual partner shall indemnify KIEDIS against all claims of third parties arising from or in connection with a culpable breach of statutory or contractual obligations by the contractual partner, including reasonable costs of legal defense. KIEDIS reserves the right to assert further claims for damages.

5.Payment

5.1.

If the contractual partner uses fee-based services of KIEDIS, the amount of fees, payment intervals and due dates result from the current price list or the individual offer of KIEDIS. Furthermore,

– in the “Marketplace Model” the customer pays the remuneration for the freelancer directly to the freelancer; KIEDIS charges a separate service fee for the mediation and provision of the platform, which is invoiced separately to the customer,
– in the “Managed Service Model” the customer pays remuneration as well as platform and service fees to KIEDIS; KIEDIS forwards the remuneration to the freelancer in accordance with the conditions agreed between KIEDIS and the freelancer.

5.2.

KIEDIS is entitled to adjust ongoing fees for objective reasons (in particular cost increases, legal changes, extension of the scope of services). KIEDIS will inform the contractual partner about changes to fees or price lists in text form (e.g. by email or via an announcement on the platform) at least four (4) weeks before they take effect and indicate the right to object and the resulting legal consequences (e.g. right of termination). If no objection is made, the amended fees or price lists shall be deemed agreed from the communicated date. In the event of an objection, both parties have the right to terminate the contractual relationship extraordinarily within four (4) weeks after receipt of the objection.

5.3.

If the contractual partner is in default with due payments, KIEDIS may – after prior reminder and setting of a deadline – suspend its services until full settlement of the outstanding claims.

5.4.

The statutory default interest amounts to 8 percentage points above the respective base interest rate.

5.5.

Offsetting or asserting a right of retention by the contractual partner is only permitted with legally established or undisputed counterclaims.

5.6.

The parties ensure on their own responsibility that their tax responsibilities and/or interdependencies arising from this contract are fulfilled.

5.7.

KIEDIS is entitled to transmit invoices in electronic form (e.g. by email or via the platform). The contractual partner expressly agrees to receive electronic invoices. There is no right to receive paper invoices unless legally required.

6.Prohibition of circumvention

6.1.

Contractual partners may not provide or receive services directly or indirectly circumventing the platform for a period of 24 months from the time of the first contact mediation by KIEDIS – regardless of whether the contract was terminated within that period for whatever reason. In particular, it is prohibited to

  • encourage other contractual partners to circumvent by concluding or extending contracts outside the platform,
  • advertise alternative conclusion options (e.g. via links),
  • grant discounts for conclusions outside the platform,
  • cancel bookings, offers or services for the purpose of circumventing and conclude them outside the platform.

6.2.

In the event of a culpable breach of this prohibition of circumvention, the contractual partner is obliged to pay a contractual penalty. This amounts at KIEDIS’ choice to

  • 15% of the net order value of the circumvented business,
  • alternatively – especially in the marketplace model – 15% of the expected net fee of the freelancer for the relevant period,
  • at least however EUR 10,000 per breach.

KIEDIS remains entitled to claim further damages and injunctive relief in addition to the contractual penalty. The contractual partner may prove that a lower damage occurred.

7.Availability and maintenance of the platform, force majeure

KIEDIS endeavors to ensure the highest possible technical availability of the platform within the framework of the existing technical, economic and operational possibilities. A certain minimum availability level is not guaranteed. KIEDIS is entitled to restrict, change, suspend or discontinue services or functions of the platform for maintenance work or updates, to adapt to legal requirements or due to operational necessities. Scheduled maintenance work will be announced to the contractual partner, if possible and reasonable, at least 24 hours in advance. KIEDIS is also not liable for temporary failures or disruptions of the platform insofar as these are based on circumstances beyond KIEDIS’ control (e.g. force majeure, failure of communication networks, official measures, natural disasters, strikes).

8.User content, no storage obligation, rights and intellectual property rights

8.1.

The contractual partner is responsible for all content uploaded, transmitted or published by them on the platform (e.g. texts, data, documents, images, reviews, project descriptions, profiles or other information; hereinafter collectively referred to as “User Content”). The contractual partner warrants that their User Content does not violate statutory provisions, official orders, third-party rights (in particular copyrights, trademark rights, name rights, ancillary copyrights, personality rights or data protection rights) or these AGB.

8.2.

KIEDIS is entitled at its own discretion to block or remove User Content wholly or partially if there are concrete indications of a violation of laws, third-party rights or these AGB or if there is a corresponding official or court order. KIEDIS will inform affected contractual partners about the blocking or removal if this is reasonable and legally permissible.

8.3.

KIEDIS is not obliged to store, display or keep User Content available. An obligation to store, manage or otherwise provide User Content or information exists only insofar as this is required by law – in particular under commercial or tax regulations or data protection requirements – or results from the current privacy policy. The contractual partner is responsible for securing User Content themselves insofar as required. A claim to restoration or release by KIEDIS does not exist – subject to mandatory legal regulations.

8.4.

By uploading or transmitting User Content, the contractual partner grants KIEDIS free of charge the non-exclusive, non-transferable, unlimited in time and place right to store, temporarily keep available, technically reproduce, make accessible and – insofar as necessary for performance of the contract – reproduce or forward to third parties (e.g. potential project partners) the respective User Content for the purpose of operating, promoting and developing the platform to the extent required. Insofar as personal data is processed for this purpose, the data protection provisions (section 9 of these AGB) and the current privacy policy apply additionally.

8.5.

All rights, in particular all intellectual property rights (e.g. copyrights, database rights, trademark rights), in the platform, its architecture, data structures, software, designs and all content provided by KIEDIS lie exclusively with KIEDIS or its licensors. Any use of the platform and its content beyond the purposes provided for in these AGB is prohibited without KIEDIS’ express prior consent.

9.Confidentiality and data protection

9.1.

The parties undertake to treat all information (hereinafter: “Information”) that becomes known in connection with this contract and the contract negotiations strictly confidential and not to disclose it wholly or partially or use it for their own purposes, unless this is necessary for contract performance, compliance with statutory provisions, defense of their own rights or within the framework of official or court orders. Disclosure to advisors, affiliated companies or other third parties obliged to confidentiality is only permitted if they enter into equivalent confidentiality obligations. The obligations apply beyond termination of the contract for three years unless mandatory statutory provisions require a longer or shorter confidentiality period. In the event of a breach of this obligation, the injured party is entitled to claims for damages and injunctive relief.

9.2.

The processing of personal data of the contractual partner by KIEDIS is carried out in accordance with applicable data protection regulations, in particular the GDPR and the German Federal Data Protection Act (BDSG). Supplementary information about purpose, type and scope of data processing can be accessed in the current privacy policy at [www.kiedis.com/data-protection]. By accepting these AGB, the contractual partner confirms that they have taken note of the privacy policy.

9.3.

Insofar as KIEDIS processes personal data on behalf, a separate data processing agreement pursuant to Art. 28 GDPR will be concluded if required.

10.Liability

10.1.

KIEDIS is not liable for achieving the commercial goals pursued by the contractual partner with the use of the platform.

10.2.

KIEDIS is not liable for results provided via AI-supported functions of the platform. Reference is expressly made to section 3.3 of these AGB.

10.3.

KIEDIS is not liable to the partner for non-performance or delayed performance of its obligations under this contract if performance of these obligations is prevented, hindered, impaired or delayed by an event of force majeure. Any consequential damages or indirect losses or damages incurred by either party in connection with force majeure are at that party’s own risk and will be borne by that party. In this context, KIEDIS is not liable for direct or indirect damages. The parties are released from their respective performance and corresponding counter-performance obligations for the duration of the disruption and to the extent of its effect, even if they should be in default (§§ 275(1) to (3), 326(1) BGB). This does not automatically dissolve the contract. The parties are obliged to notify each other immediately of such an impediment and will use their best efforts to adapt their obligations to the changed circumstances in good faith.

10.4.

With the exception of the above provisions, liability of KIEDIS for damages – regardless of the legal basis – is excluded. Excluded from this are claims for damages arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by KIEDIS, its legal representatives or agents. Essential contractual obligations are those whose fulfillment makes proper performance of the contract possible in the first place and on whose compliance the contractual partner has relied and may rely. In the event of a breach of essential contractual obligations, KIEDIS is liable only for the contract-typical, foreseeable damage if caused by simple negligence, up to – insofar as legally permissible – an amount of EUR 50,000 per damage event or EUR 100,000 in total per calendar year, unless claims for damages arise from injury to life, body or health. The above limitations also apply in favor of legal representatives and agents of KIEDIS if claims are asserted against them. Any liability under the Product Liability Act as well as for guaranteed characteristics remains unaffected.

11.Term, termination, blocking

11.1.

The platform usage agreement is concluded for an indefinite period. Both parties can terminate the contractual relationship at any time with a notice period of one (1) month to the end of the month. The right to extraordinary termination for good cause remains unaffected for both parties (§ 314 BGB).

11.2.

KIEDIS is entitled to temporarily or permanently block the contractual partner’s access to the platform if there is a justified reason, in particular in the event of (i) significant or repeated violations of these AGB or statutory provisions (e.g. unlawful content or fraudulent behavior), (ii) payment default despite reminder, (iii) false or incomplete identity/company information, (iv) inadmissible multiple accounts, (v) endangerment of IT security or platform operations.

11.3.

KIEDIS will determine the type and scope of the blocking at its own discretion, taking into account the severity of the violation. Before blocking, KIEDIS will inform the contractual partner in text form about the reason and give the opportunity to remedy within a reasonable period, unless such request is inappropriate. In the case of particularly serious violations or imminent significant damages, immediate provisional blocking is permissible; the contractual partner will be informed immediately in text form.

11.4.

The blocking does not affect the term of the contract; the contract remains in force until possible termination. The blocking will be lifted once the reason no longer applies. Further statutory and contractual claims remain unaffected.

12.Transferability

KIEDIS is entitled to transfer the rights and obligations under this contract without the contractual partner’s consent to affiliated companies within the meaning of Sections 15 et seq. AktG.

13.Reference

KIEDIS is entitled to publicly advertise the business relationship and cooperation with the contractual partner in an appropriate manner as a reference, in particular on its own website/platform or in marketing materials. Mentioning is carried out with due regard to legitimate confidentiality and data protection interests of the contractual partner. Objection is possible for good cause and KIEDIS will take this into account weighing both parties’ interests.

14.Miscellaneous

14.1.

This contract replaces all previous contracts and all previous agreements on this subject matter between the parties. The legal relationships of the parties are conclusively defined in this contract. There are no verbal or written ancillary agreements.

14.2.

Amendments or additions to this agreement must be made in writing to be effective.

14.3.

If any condition or provision of this agreement is declared wholly or partially invalid, unlawful or unenforceable, the remainder of the agreement shall remain in full force and effect, and each wholly or partially invalid, unlawful or unenforceable condition or provision shall be deemed amended to the extent possible to render it valid, lawful and enforceable.

14.4.

This contract is governed exclusively by the law of the Federal Republic of Germany regarding its conclusion and in all its effects, excluding the UN Convention on Contracts for the International Sale of Goods. Place of performance for all obligations arising from this contract is Bremen. Place of jurisdiction for all disputes arising from this contract is, insofar as legally permissible, Munich.

KIEDIS AG, Beethovenplatz 2, 80336 Munich, Board: Jens Christophers, Kristin Gölkel.