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Terms Of Services

Privacy Notice

As of: 28 April, 2026

Preamble

We, KIEIDS AG (hereinafter jointly referred to as "the Company", "we" or "us") take the protection of your personal data seriously and would like to take this opportunity to inform you about data protection at our company.

Within the scope of our responsibility under data protection law, the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "GDPR") imposes additional obligations on us in order to ensure the protection of personal data of the person affected by such processing (we will hereinafter also refer to you as the data subject by the terms "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 of the nature, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 GDPR). With this declaration (hereinafter: "Privacy Notice"), we inform you of the manner in which your personal data is processed by us.

Our Privacy Notice has a modular structure. It consists of a general section applicable to any processing of personal data and processing situations that arise each time the KIEIDS platform is accessed (1. General) and a specific section, the content of which relates only to the processing situation specified therein, identifying the respective offer or product, in particular the use of the platform as further set out below (2. Use of the Platform).

To help you find the parts relevant to you, please refer to the following overview of the structure of this Privacy Notice:

    1. General
    1. Use of the Platform

1. General

1.1 Definitions

The following definitions apply to our Privacy Notice:

  • "Personal data" (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person ("data subject"). An identifiable natural person is one who 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 to information regarding their physical, physiological, genetic, mental, economic, cultural or social identity. Identifiability may also result from the combination of such information or from other additional knowledge. The form, manner of creation or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).
  • "Processing" (Art. 4 No. 2 GDPR) means any operation involving personal data, whether or not by automated (i.e. technology-supported) means. This includes, in particular, the collection (i.e. acquisition), recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data, as well as any change of the originally intended purpose of processing.
  • "Controller" (Art. 4 No. 7 GDPR) means 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 No. 10 GDPR) means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data; this also includes other legal entities belonging to the same group of companies.
  • "Processor" (Art. 4 No. 8 GDPR) means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service providers). For the purposes of data protection law, a processor is in particular not a third party.
  • "Consent" (Art. 4 No. 11 GDPR) of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

1.2 Name and Address of the Controller

The body responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR is:

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

For further information about our company, please refer to the legal notice (Impressum) on our website.

1.3 Contact Details of the Data Protection Officer

Our company data protection officer is available at any time to answer any questions you may have on the subject of data protection. Their contact details are:

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

1.4 Legal Basis for Data Processing

By law, any processing of personal data is generally prohibited and only permitted if the data processing falls under one of the following grounds:

  • Art. 6(1)(a) GDPR ("Consent"): Where the data subject has freely, in an informed manner and unambiguously, indicated by a statement or by a clear affirmative action that they consent to the processing of personal data relating to them for one or more specific purposes.
  • Art. 6(1)(b) GDPR: Where processing is necessary for the performance of a contract to which the data subject is a party, or to take steps at the data subject's request prior to entering into a contract.
  • Art. 6(1)(c) GDPR: Where processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a statutory retention obligation).
  • Art. 6(1)(d) GDPR: Where processing is necessary to protect the vital interests of the data subject or of another natural person.
  • Art. 6(1)(e) GDPR: Where 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)(f) GDPR ("Legitimate Interests"): Where 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 rights of the data subject (in particular where the data subject is a minor).

The storage of information in the end user's terminal equipment, or access to information already stored in the terminal equipment, is only permitted if it is covered by one of the following grounds:

  • Sec. 25(1) TTDSG: Where the end user has given consent on the basis of clear and comprehensive information. Such consent must be given in accordance with Art. 6(1)(a) GDPR.
  • Sec. 25(2) No. 1 TTDSG: Where the sole purpose is to carry out the transmission of a communication over a public telecommunications network.
  • Sec. 25(2) No. 2 TTDSG: Where storage or access is strictly necessary in order for the provider of a telemedia service to provide a telemedia service expressly requested by the user.

For the processing operations carried out by us, we indicate the applicable legal basis in each case below. A processing operation may also be based on more than one legal basis.

1.5 Data Erasure and Storage Period

For the processing operations carried out by us, we indicate below how long the data is stored by us and when it is erased or blocked. Unless an explicit storage period is specified below, your personal data will be erased or blocked as soon as the purpose or legal basis for storage no longer applies. Your data is generally stored only on our servers in Germany / the EU, subject to any disclosure under the rules in Sec. 1.7 and Sec. 1.8.

Storage may, however, take place beyond the period specified in the event of (impending) legal proceedings with you or other legal proceedings, or where storage is provided for by statutory provisions to which we are subject as controller (e.g. Sec. 257 HGB, Sec. 147 AO). When the storage period prescribed by statutory provisions expires, the personal data will be blocked or erased, unless further storage by us is required and a legal basis for this exists.

1.6 Data Security

We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction, or unauthorised access by third parties (e.g. TLS encryption for our platform), taking into account the state of the art, the cost of implementation, and the nature, scope, context and purposes of processing as well as the existing risks of a data breach (including the likelihood and severity thereof) to 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 in this regard (see Sec. 1.3).

1.7 Cooperation with Processors

As is the case with virtually every company, we use external service providers in Germany and abroad to handle our business operations (e.g. for IT, hosting and similar services). They act only on our instructions and have been contractually bound, within the meaning of Art. 28 GDPR, to comply with data protection requirements.

1.8 Conditions for Transferring Personal Data to Third Countries

In the course of our business relationships, your personal data may be passed on or disclosed to third-party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Any such processing is carried out exclusively to fulfil contractual and business obligations and to maintain your business relationship with us (the legal basis is Art. 6(1)(b) or (f) in conjunction with Art. 44 et seq. GDPR). We will inform you of the relevant details of such transfers below at the relevant places.

For some third countries, the European Commission has confirmed, by means of so-called adequacy decisions, a level of data protection 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). However, in other third countries to which personal data may be transferred, a consistently high level of data protection may not be guaranteed due to a lack of statutory provisions. Where this is the case, we ensure that data protection is adequately safeguarded. This is possible through binding corporate rules, the European Commission's standard contractual clauses for the protection of personal data pursuant to Art. 46(1), (2)(c) GDPR (the 2021 standard contractual clauses are available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D0915&locale-en), certifications, or recognised codes of conduct. Please contact our Data Protection Officer (see Sec. 1.3) if you would like more information on this.

1.9 No Automated Decision-Making (Including Profiling)

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

1.10 No Obligation to Provide Personal Data

We generally do not make the conclusion of contracts with us conditional upon you first providing us with personal data. As a customer, you are also generally under no statutory or contractual obligation to provide us with your personal data; however, we may not be able to provide certain offers, or may only be able to provide them to a limited extent, if you do not provide the data required for this purpose. Where this is exceptionally the case in connection with the products described below, we will draw your attention to this separately.

1.11 Statutory Obligation to Transfer Certain Data

We may be subject to a special statutory or legal obligation to make lawfully processed personal data available to third parties, in particular public bodies (Art. 6(1)(c) GDPR).

1.12 Your Rights

You can assert your rights as a data subject in respect of the personal data processed by us at any time using the contact details provided in Sec. 1.2. As a data subject, you have the following rights:

  • Pursuant to Art. 15 GDPR, to request information about your data processed by us. In particular, you may request information about the purposes of processing, the categories of data, the categories of recipients to whom the 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 source of your data if not collected from us, and the existence of automated decision-making including profiling, together with meaningful information about the logic involved, where applicable.
  • Pursuant to Art. 16 GDPR, to request without undue delay the rectification of inaccurate data or the completion of your data stored by us.
  • Pursuant to Art. 17 GDPR, to request the erasure of your data stored by us, unless processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims.
  • Pursuant to Art. 18 GDPR, to request the restriction of processing of your data, where the accuracy of the data is contested by you or the processing is unlawful.
  • Pursuant to Art. 20 GDPR, to receive your data which you have provided to us in a structured, commonly used and machine-readable format, or to request its transmission to another controller ("data portability").
  • Pursuant to Art. 21 GDPR, to object to the processing where the processing is based on Art. 6(1)(e) or (f) GDPR. This is in particular the case where processing is not necessary for the performance of a contract with you. Unless the objection concerns direct marketing, we ask that you state the reasons why we should not process your data as we do. In the event of your justified objection, we will examine the matter and either cease or adjust the data processing or inform you of our compelling legitimate grounds on the basis of which we will continue the processing.
  • Pursuant to Art. 7(3) GDPR, to withdraw your consent (including any consent given prior to the application of the GDPR, i.e. before 25 May 2018) — i.e. your freely given, informed and unambiguous indication, by a statement or other clear affirmative action, that you consent to the processing of the relevant personal data for one or more specific purposes — at any time vis-à-vis us, where you have given such consent. The consequence of this is that we may no longer continue the data processing based on this consent in the future, and
  • Pursuant to Art. 77 GDPR, to lodge a complaint with a data protection supervisory authority about the processing of your personal data by our company, for example with the supervisory authority responsible for us:

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

1.13 Changes to this Privacy Notice

In line with the development of data protection law and any technological or organisational changes, our Privacy Notice is regularly reviewed for the need for adaptation or supplementation. You will be informed of any changes, in particular on our website at www.kiedis.com. This Privacy Notice is dated December 2025.

2. Use of the Platform

2.1 Description of the Function

The services offered by us are provided in particular via www.kiedis.com and its sub-pages (hereinafter jointly referred to as: "Platform"). When you visit our Platform, personal data relating to you may be processed.

2.2 Personal Data Processed

When you make informational use of the Platform, we collect, store and further process the following categories of personal data:

  • "Log data": When you visit our Platform, a so-called log record (server log files) is temporarily and anonymously stored on our web server. This consists of:
  • the website from which the Platform was accessed (so-called referrer URL)
  • the name and URL of the page accessed
  • the date and time of access
  • a description of the type, language and version of the web browser used
  • the IP address of the requesting computer, which is shortened in such a way that personal identification is no longer possible
  • the volume of data transmitted
  • the operating system
  • a message indicating whether the access was successful (access status / HTTP status code)
  • the GMT time zone difference
  • "Registration form": When you use the registration form, the data submitted will be processed (e.g. gender, surname and first name, date of birth, address, company, email address and the time of submission).
  • "Contact form data": When you use a contact form, the data submitted will be processed (e.g. gender, surname and first name, address, company, email address and the time of submission).
  • "Newsletter": We offer a subscription to our newsletter, with which we inform you about current developments and offers regarding the Platform. If you sign up for our newsletter, the following data is collected, stored and further processed by us. By signing up for the newsletter, you additionally consent to the analysis of your user behaviour by means of tracking pixels; this consent is obtained as part of the double opt-in process:
  • the website from which the Platform was accessed (so-called referrer URL)
  • the date and time of access
  • a description of the type of web browser used
  • the IP address of the requesting computer, which is shortened in such a way that personal identification is no longer possible
  • the email address
  • the date and time of registration and confirmation

We would like to inform you that we analyse your user behaviour when sending the newsletter. For this analysis, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. For the purposes of this analysis, we link the aforementioned data and the web beacons with your email address and an individual ID. Links contained in the newsletter also contain this ID. The data is collected exclusively in pseudonymised form, i.e. the IDs are not linked to any further personal data of yours, and direct attribution to a person is excluded.

2.3 Purpose and Legal Basis of Data Processing

We process the personal data described above in accordance with the provisions of the GDPR, other applicable data protection regulations, and only to the extent necessary. Where the processing of personal data is based on Art. 6(1)(f) GDPR, the purposes mentioned simultaneously constitute our legitimate interests.

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

The processing of registration form data is carried out for the purpose of registering users (the legal basis is Art. 6(1)(b) or (f) GDPR).

The processing of contact form data is carried out for the purpose of handling user enquiries (the legal basis is Art. 6(1)(b) or (f) GDPR).

The processing of newsletter data is carried out for the purpose of sending the newsletter. By signing up for our newsletter, you consent to the processing of your personal data (the legal basis is Art. 6(1)(a) GDPR). For sign-up to our newsletter, we use the so-called double opt-in procedure. This means that, after your sign-up, we will send an email to the email address you have provided, asking you to confirm that you wish to receive the newsletter. The purpose of this procedure is to be able to provide evidence of your sign-up and, if necessary, to investigate any possible misuse of your personal data. You may withdraw your consent to receiving the newsletter at any time and unsubscribe from the newsletter. You can declare your withdrawal by clicking the link provided in each newsletter email, by email to [email protected], or by sending a message to the contact details provided in the legal notice.

Insofar as the processing of the data requires the storage of information in your terminal equipment or access to information already stored in the terminal equipment, the legal basis for this is Sec. 25(1), (2) TTDSG.

2.4 Duration of Data Processing

Your data is processed only for as long as is necessary to achieve the processing purposes mentioned above; the legal bases specified in connection with the processing purposes apply accordingly. With regard to the use and storage period of cookies, please refer to Sec. 1.5 as well as the Cookie Policy.

Third parties engaged by us will store your data on their systems for as long as is necessary in connection with the provision of services to us under the respective contract.

For further details on the storage period, please refer to Sec. 1.5 and the Cookie Policy.

2.5 Transfer of Personal Data to Third Parties; Legal Basis

We pass on your personal data – insofar as this is necessary to fulfil the purposes set out in this Privacy Notice – to companies affiliated with us within the meaning of Art. 4 No. 19 GDPR / Sec. 15 et seq. AktG (e.g. subsidiaries, sister companies, parent company; currently taskforce - Management on Demand AG).

The transfer takes place in particular for the following purposes:

  • the joint use of IT infrastructure, support and administrative services (e.g. hosting, maintenance, accounting, bookkeeping);
  • the execution and processing of contracts (e.g. handling of project enquiries, placement of suitable project partners, customer service);
  • the uniform management of customer and prospect data within the group of companies;
  • the optimisation of our internal processes and group-wide management (e.g. controlling, reporting, internal audit);
  • the implementation of joint marketing and sales activities, where legally permissible (e.g. on the basis of consent or legitimate interests);

The processing of personal data within the group of companies takes place on the basis of:

  • Art. 6(1)(b) GDPR, where the transfer is necessary for the performance of a contract with you or for the implementation of pre-contractual measures;
  • Art. 6(1)(c) GDPR, where we are subject to legal obligations (e.g. retention obligations under commercial and tax law);
  • Art. 6(1)(f) GDPR, where we have a legitimate interest in efficient and secure internal administration, in the group-wide optimisation of our processes, and in uniform customer support, and your conflicting interests do not prevail.

Where we require your consent in individual cases (e.g. for certain marketing measures), the transfer additionally takes place on the basis of Art. 6(1)(a) GDPR. You can withdraw any consent given at any time with effect for the future.

All affiliated companies to which personal data is transferred are contractually and organisationally obliged to comply with the requirements of the GDPR as well as with the data protection standards described in this Privacy Notice.

No transfer of personal data to affiliated companies in third countries takes place.

The following categories of recipients, which are typically processors (see Sec. 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. for data centre services, payment processing, IT security). The legal basis for such transfers is then Art. 6(1)(b) or (f) GDPR, unless the recipient is a processor;
  • Public bodies / authorities, where this is required to fulfil a legal obligation. The legal basis for such transfers is then Art. 6(1)(c) GDPR;
  • Persons engaged for the conduct of our business (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in business acquisitions or the establishment of joint ventures). The legal basis for such transfers is then Art. 6(1)(b) or (f) GDPR.

For information on the safeguards ensuring an appropriate level of data protection in the event of data being transferred to third countries, see Sec. 1.8.

In summary: Your personal data will be passed on to affiliated companies, processors or other third parties only insofar as this is necessary for the purposes described in this Privacy Notice and a legal basis under Art. 6(1) GDPR (in particular (b), (c) or (f)) exists, or – where required – you have given us your consent for this in accordance with Art. 6(1)(a) GDPR.

2.6 Use of Cookies, Plugins and Other Services on our Platform

2.6.1 Cookies

We use cookies on our Platform. Cookies are small text files that are assigned to and stored on your hard drive by the browser you are using by means of a characteristic string of characters and through which certain information flows to the entity setting the cookie. Cookies cannot run programs or transmit viruses to your computer and therefore cannot cause any damage. They serve to make our online offering more user-friendly and effective overall, and thus more pleasant for you. Cookies may contain data that allow recognition of the device used. In some cases, however, cookies merely contain information about certain settings that cannot be linked to a person. However, cookies cannot directly identify a user. 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 made between the following types of cookies:

  • Technical cookies: These are strictly necessary in order to navigate the Platform, use basic functions and ensure the security of the Platform; they neither collect information about you for marketing purposes nor record 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 during use of the Platform; they do not collect any information that could identify you – all information collected is anonymous and is used only to improve our Platform and to find out what is of interest to our users;
  • Advertising cookies, targeting cookies: These serve to provide the user with advertising tailored to their needs on the Platform or with 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 serve 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 strictly necessary to provide you with the service expressly requested is Sec. 25(2) No. 2 TTDSG. Any use of cookies that is not strictly technically necessary for this purpose constitutes data processing that is only permitted with your express and active consent in accordance with Sec. 25(1) TTDSG in conjunction with Art. 6(1)(a) GDPR. This applies in particular to the use of performance, advertising, targeting or sharing cookies. Furthermore, we will only pass on your personal data processed by means of cookies to third parties if you have given express consent to this in accordance with Art. 6(1)(a) GDPR.

2.6.2 Cookie Policy

Further information on 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.

2.6.3 Social Media Plugins

We do not use any social media plugins on our Platform. Where our Platform contains icons of social media providers (e.g. LinkedIn), these are used solely for passive linking to the pages of the respective providers.

General Terms and Conditions (GTC) of KIEDIS AG

As of: 23 December 2025

1. Scope of the GTC

1.1.

These GTC apply to all contractual relationships and services of KIEDIS AG (Beethovenplatz 2, 80336 Munich, registered with the Munich Local Court under HRB 304585; contact: +49 89 414 35256, [email protected]; hereinafter: "KIEDIS") vis-à-vis a contractual partner.

1.2.

"Platform" within the meaning of these GTC refers to the web-based platform operated by KIEDIS at www.kiedis.com, which uses AI to enable contractual partners to connect for the initiation and execution of project assignments.

1.3.

"Contractual partners" within the meaning of these GTC are both "Customers" (i.e. companies that post or commission project assignments for freelancers via the Platform) and "Freelancers" (i.e. self-employed or freelance experts 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 any deviating written individual agreements, these GTC apply to the legal relationships between KIEDIS and the contractual partner. These GTC apply exclusively. Conflicting, deviating or supplementary general terms and conditions of the contractual partner shall not apply.

1.5.

The contractual partner has no right to conclude a contract with KIEDIS, even if all requirements for use of the Platform or the respective offer are met. KIEDIS decides at its own discretion whether and with whom a contract is concluded and is entitled to reject offers or enquiries at any time without giving reasons.

2. Amendments and Continued Validity of the GTC

2.1.

KIEDIS is entitled to amend these GTC at any time, provided that there is a legitimate interest in doing so, in particular due to legal, technical or economic changes. Amendments will be communicated to the contractual partner at least four (4) weeks before the planned entry into force in text form (e.g. by email or via an announcement on the Platform). Until the entry into force, the contractual partner may object to the amendments in text form. If no objection is raised, the amended GTC shall be deemed agreed as of the notified date. In the event of an objection, KIEDIS is entitled to extraordinarily terminate the contractual relationship with a notice period of four (4) weeks. The contractual partner will be specifically informed of this consequence in the notice of amendment. Material amendments to the GTC will be highlighted accordingly.

2.2.

These GTC, as amended from time to time, 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 GTC, the Privacy Policy and the Terms of Use as amended from time to time.

3.2.

The functions of the Platform currently include, in particular (but not exclusively):

  • creating and managing a profile and/or a CV,
  • posting projects,
  • matching or ranking of postings,
  • communication between Customers and Freelancers,
  • coordination and execution of an offer or application process,
  • the use of a contract generator for a project,
  • the creation of timesheets, time or milestone planning for a project,
  • the creation of invoices or reports for a project.

KIEDIS is entitled to adapt the functional scope 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 material changes to the functional scope, the contractual partner will be informed at least four (4) weeks before the planned change in text form (e.g. by email or via an announcement on the Platform). Non-material adjustments that do not adversely affect the use of the Platform may be made without prior notice. If continuation of the contractual relationship is unreasonable for the contractual partner as a result of a material adverse change, the contractual partner has the right to extraordinary termination.

3.3.

In the operation of the Platform, KIEDIS uses various artificial intelligence technologies (e.g. for matching, ranking, profile creation or the drafting of contracts). These AI functions serve solely to support contractual partners in using the Platform and expressly do not constitute legally binding advice, recommendations or decisions. KIEDIS does not warrant the substantive accuracy, completeness or suitability of the results provided through AI-supported functions. The use of the AI functions and the resulting suggestions or results is at the contractual partner's own responsibility at all times; the final review, evaluation and decision rest exclusively with the contractual partner. KIEDIS expressly points out that AI-based analyses and recommendations may be prone to error and do not necessarily take into account all individual particularities of a specific case.

3.4.

KIEDIS may currently act for the contractual partner under one of two different service models:

  • Under the "Marketplace Model", KIEDIS offers Customers and Freelancers the possibility of concluding contracts for project assignments.
  • Under the "Managed Service Model", the Customer concludes a contract for the project assignment with KIEDIS, and KIEDIS in turn concludes a contract with the Freelancer. In this case, KIEDIS handles billing and the coordination of the Freelancer on behalf of the Customer.

The applicable model in the service relationship with the respective contractual partner results from the relevant offer or contract.

4. Obligations of the Contractual Partner

4.1.

Use of the Platform and access to the services offered by KIEDIS are reserved exclusively for entrepreneurs within the meaning of Sec. 14 BGB (German Civil Code); consumers within the meaning of Sec. 13 BGB are expressly excluded. KIEDIS is entitled to request appropriate evidence of entrepreneur status. By registering, the contractual partner confirms that it is acting as an entrepreneur.

4.2.

The contractual partner warrants that all information provided by it on the Platform – in particular regarding the profile, projects and invoices – is accurate and complete and undertakes to keep such information up to date at all times during the term of the contract. The creation of multiple accounts by the same contractual partner or affiliated companies is prohibited.

4.3.

The contractual partner is obliged to treat its access data (e.g. username, password) as strictly confidential, to protect them from access by third parties, and not to pass them on to third parties. In the event of suspected misuse, loss or unauthorised use of the access data, the contractual partner shall inform KIEDIS without undue delay 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 harmful behaviour on the Platform. In particular, the following is prohibited:

– to register on the Platform under a false identity or pose 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) for the purpose of "scraping" the Platform or copying data,
– to disable security functions of the Platform or to circumvent other access controls or usage restrictions,
– to copy, use or distribute information or data obtained via the Platform without the rights holder's permission,
– to disclose information that one is not authorised to share,
– to infringe the property rights of third parties (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 way of reverse engineering, decompilation, disassembly, decryption or other methods, except where such activities are permitted under mandatory statutory provisions, in particular Sec. 69e UrhG (German Copyright Act),
– 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 unlawful, fraudulent, discriminatory, misleading or other inappropriate purposes,
– to harass other users or to obtain unlawful advantages.

4.5.

The contractual partner undertakes to comply with all applicable legal provisions on its own responsibility, in particular those of labour, social security, tax, professional, export, sanctions and data protection law, in connection with the use of the Platform and the performance of assignments.

4.6.

The contractual partner is liable to KIEDIS for any damage arising from a culpable breach of statutory or contractual obligations, or of obligations governed by these GTC.

4.7.

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

5. Payment

5.1.

Where the contractual partner makes use of fee-based services of KIEDIS, the amount of the fees as well as payment intervals and due dates shall generally be derived from the price list applicable from time to time or from the individual offer of KIEDIS. In addition, the following applies:

– under the "Marketplace Model", the Customer pays the Freelancer's remuneration directly to the Freelancer; KIEDIS charges a separate service fee for the placement and provision of the Platform, which is invoiced separately to the Customer,
– under the "Managed Service Model", the Customer pays the 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 on objective grounds (in particular cost increases, legal changes, expansion of the scope of services). KIEDIS will inform the contractual partner of changes to fees or price lists at least four (4) weeks before they take effect, in text form (e.g. by email or via an announcement on the Platform), and will draw attention to the right of objection and the resulting legal consequences (e.g. right of termination). If no objection is raised, the amended fees or price lists shall be deemed agreed as of the notified date. In the event of an objection, both parties have the right to extraordinarily terminate the contractual relationship within four (4) weeks of receipt of the objection.

5.3.

If the contractual partner falls into default with payments due, KIEDIS may – following a prior reminder and a deadline – suspend its services until the outstanding claims have been settled in full.

5.4.

Statutory default interest is 8 percentage points above the respective base rate.

5.5.

A set-off or the assertion of a right of retention by the contractual partner is only permissible with counterclaims that have been finally determined by a court of law or that are undisputed by KIEDIS.

5.6.

The parties shall ensure on their own responsibility that their tax responsibilities and/or interrelations arising from this contract are met.

5.7.

KIEDIS is entitled to issue invoices in electronic form (e.g. by email or via the Platform). The contractual partner expressly agrees to receive electronic invoices. There is no entitlement to receive invoices in paper form, unless otherwise required by law.

6. Non-Circumvention

6.1.

Contractual partners are prohibited, for a period of 24 months from the time of the initial introduction by KIEDIS – irrespective of whether the contract has been terminated during this period for whatever legal reason – from providing or obtaining services to or from each other for which they were introduced to one another by KIEDIS, either directly or indirectly, by circumventing the Platform. In particular, the following is prohibited:

  • encouraging other contractual partners to engage in circumvention by concluding or extending contracts outside the Platform,
  • advertising alternative ways of concluding contracts (e.g. by means of links),
  • granting discounts for contracts concluded outside the Platform,
  • cancelling bookings, offers or services for the purpose of circumvention and concluding them outside the Platform.

6.2.

In the event of a culpable breach of this non-circumvention obligation, the contractual partner undertakes to pay a contractual penalty. At KIEDIS's option, this shall amount to:

  • 15% of the net order value of the circumvented business,
  • alternatively – in particular under the Marketplace Model – 15% of the expected net fee of the Freelancer for the relevant period,
  • but at least EUR 10,000 per breach.

KIEDIS reserves the right to claim further damages and injunctive relief in addition to the contractual penalty. The contractual partner reserves the right to provide evidence of lower damage.

7. Availability and Maintenance of the Platform, Force Majeure

KIEDIS endeavours to ensure the highest possible technical availability of the Platform within the existing technical, economic and operational possibilities. No specific minimum availability level is guaranteed. KIEDIS is entitled to limit, modify, suspend or discontinue services or functions of the Platform for the purpose of carrying out maintenance work or updates, for adaptation to legal requirements, or due to operational necessities. Planned maintenance work will be announced to the contractual partner at least 24 hours in advance, where possible and reasonable. KIEDIS is also not liable for temporary failures or disruptions of the Platform to the extent that these are due to circumstances outside KIEDIS's sphere of influence (e.g. force majeure, failure of communication networks, official measures, natural disasters, strikes).

8. User Content, No Storage Obligation, Rights and Intellectual Property

8.1.

The contractual partner is solely responsible for all content posted, transmitted or published by it on the Platform (e.g. texts, data, documents, images, reviews, project descriptions, profiles or other information; hereinafter jointly: "User Content"). The contractual partner warrants that its User Content does not violate any statutory provisions, official orders, third-party rights (in particular copyrights, trademark rights, naming rights, ancillary copyright, personality rights or data protection rights) or the provisions of these GTC.

8.2.

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

8.3.

KIEDIS is not obliged to store, display or make User Content available. An obligation to store, manage or otherwise provide User Content or information exists only to the extent that this is required by law – in particular by commercial or tax law provisions or data protection requirements – or arises from the Privacy Policy applicable from time to time. The contractual partner is itself responsible for backing up User Content independently to the extent necessary. There is no entitlement to restoration or release by KIEDIS – subject to mandatory statutory provisions.

8.4.

By posting or transmitting User Content, the contractual partner grants KIEDIS, free of charge, the non-exclusive, non-transferable, unlimited (in time and territory) right to store, temporarily retain, technically reproduce and make accessible the relevant User Content for the purposes of operating, advertising and further developing the Platform, to the extent necessary, and – to the extent necessary for the performance of the contract – to display or forward it to third parties (e.g. potential project partners). Where personal data is processed for this purpose, the data protection provisions (Sec. 9 of these GTC) and the Privacy Policy applicable from time to time 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, belong exclusively to KIEDIS or its licensors. Any use of the Platform and its content beyond the purposes provided for in these GTC is prohibited without the express prior consent of KIEDIS.

9. Confidentiality and Data Protection

9.1.

The parties undertake to treat all information that becomes known to them in connection with this contract and the contractual negotiations (hereinafter: "Information") as strictly confidential and not to pass it on, in whole or in part, or to use it for their own purposes, except where this is required for the performance of the contract, for compliance with statutory provisions, for the defence of their own rights, or in the context of official or judicial orders. Disclosure to advisors, affiliated companies or other third parties bound to confidentiality is only permitted if the latter undertake equivalent confidentiality obligations. The obligations apply for three years beyond the termination of the contract, unless mandatory statutory provisions require a longer or shorter period of confidentiality. In the event of a breach of these obligations, the respective injured party is entitled to claims for damages and injunctive relief.

9.2.

The processing of personal data of the contractual partner by KIEDIS takes place in accordance with the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Supplementary information on the purpose, nature and scope of data processing is available in the Privacy Policy as amended from time to time at [www.kiedis.com/datenschutz]. By accepting these GTC, the contractual partner confirms that it has taken note of the Privacy Policy.

9.3.

Where KIEDIS processes personal data on behalf of the contractual partner, a separate data processing agreement pursuant to Art. 28 GDPR will be concluded as required.

10. Liability

10.1.

KIEDIS is not liable for the achievement of the commercial objectives pursued by the contractual partner through use of the Platform.

10.2.

KIEDIS is not liable for results provided through AI-supported functions of the Platform. Express reference is made to Sec. 3.3 of the GTC.

10.3.

KIEDIS is not liable to the partner for non-performance or delayed performance of its obligations under this contract where the 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 shall be borne by that party at its own risk. KIEDIS is not liable for any direct or indirect damages in this respect. The parties shall be 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 are in default (Sec. 275(1) to (3), 326(1) BGB). Automatic dissolution of the contract is not associated with this. The parties are obliged to notify each other of such an obstacle without undue delay and shall use their best efforts to adapt their obligations to the changed circumstances in good faith.

10.4.

Subject to the foregoing provisions, any liability of KIEDIS for damages – on whatever legal grounds – is excluded. Excluded from this are claims for damages arising from injury to life, limb 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 vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to enable the proper performance of the contract in the first place and on whose compliance the contractual partner relied and was entitled to rely. In the event of a breach of essential contractual obligations, KIEDIS is liable only for the damage typically foreseeable under the contract where caused by simple negligence, up to – where legally permissible – an amount of EUR 50,000 per case of damage and EUR 100,000 in total per calendar year, unless the claims for damages relate to injury to life, limb or health. The above limitations also apply in favour of the legal representatives and vicarious agents of KIEDIS where claims are brought against them. Any liability under the German Product Liability Act (Produkthaftungsgesetz) and for guaranteed quality features remains unaffected.

11. Term, Termination, Suspension

11.1.

The Platform user agreement is concluded for an indefinite period. Both parties may ordinarily 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 (Sec. 314 BGB).

11.2.

KIEDIS is entitled to temporarily or permanently suspend the contractual partner's access to the Platform where there is objective cause, in particular in the event of (i) material or repeated breaches of these GTC or of statutory provisions (e.g. unlawful content or fraudulent behaviour), (ii) default of payment despite a reminder, (iii) false or incomplete identity / company information, (iv) impermissible multiple accounts, (v) endangerment of IT security or Platform operations.

11.3.

KIEDIS will determine the nature and scope of the suspension at its own discretion and taking into account the severity of the breach. Before suspension, KIEDIS will inform the contractual partner in text form of the reason for the suspension and grant an opportunity to remedy the situation within a reasonable period, unless such request for remedy is inappropriate. In the event of particularly serious breaches or imminent significant damage, an immediate provisional suspension is permissible; the contractual partner will be informed in text form without undue delay.

11.4.

The suspension does not affect the term of the contract; the contract remains in force until any termination. The suspension will be lifted as soon as the cause for suspension ceases to exist. Further statutory and contractual claims remain unaffected.

12. Transferability

KIEDIS is entitled to transfer the rights and obligations under this contract to affiliated companies within the meaning of Sec. 15 et seq. AktG (German Stock Corporation Act) without the consent of the contractual partner.

13. Reference

KIEDIS is entitled to advertise the business relationship or cooperation with the contractual partner publicly in an appropriate manner as a reference, in particular on its own website or platform, or in marketing materials. Such reference will be made in compliance with the legitimate confidentiality and data protection interests of the contractual partner. An objection is possible for good cause, and KIEDIS will take this into account, weighing the interests of both parties.

14. Miscellaneous

14.1.

This contract supersedes all prior contracts and all prior agreements concerning this subject matter between the parties. The legal relationships of the contracting parties are conclusively defined in this contract. There are no oral or written collateral agreements.

14.2.

Amendments or supplements to this agreement must be in written form to be effective.

14.3.

Should any of the conditions or provisions of this agreement be declared, in whole or in part, invalid, unlawful or unenforceable, the remainder of the agreement shall remain in full force and effect, and any condition or provision that is in whole or in part affected shall be deemed amended to the extent possible in order to render it valid, lawful and enforceable.

14.4.

This contract is governed exclusively by the laws of the Federal Republic of Germany with respect to its formation and all of its effects, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance for all obligations arising from this contract is Bremen. The place of jurisdiction for all disputes arising from this contract is, where legally permissible, Munich.

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