Terms

Status: 26.04.2021

We, Block2Job GmbH (hereinafter referred to as B2J, or "we" or "us") from Braunschweig (Germany) and Block2Job Schweiz GmbH (hereinafter referred to as B2J, or "we" or "us") from Einsiedeln (Switzerland), provide you as a user (hereinafter referred to as User) with services under the names Block2Job and Block2Net (hereinafter referred to as Services) in Germany and Switzerland via our applications and other digital channels. Within the scope of these Services, you receive information from us (hereinafter referred to as Content) and can share and exchange data and messages with other users in various forms.

It is important that you read our Terms of Use for these services. Only then can you understand all aspects of your use of these services and behave accordingly.

By using or accessing our application, services, features, tools, software or website, you agree to the following Terms of Use.

1. Registration

If you want to use our services, we need to know you. Communication is a matter of trust and we want to know who we accept into our network as a user. In order to use the services and functions, you must therefore formally register.

Upon successful registration as a user, you will receive a free license to use the services.

For the registration you have to give us some personal data, which we ask from you during the registration. We are very careful to handle this data with the necessary care and to collect only the most necessary data. Even after registration and during use, it may happen that we need additional information for the realization of the services requested by you, which we then request from you depending on the situation and function. You can read more about this in our privacy policy.

The data you provide to us must be entered correctly by you and must correspond to the truth. Therefore, please take your time for this important process of data entry. By registering, you agree that we may send you mails, SMS or messages via other channels. Only in this way we can stay in contact with you and you can use our services.

2. Age

Because personal information is exchanged when using our Services, we have decided to make our Services available only to persons 18 years of age or older.

3. Nationality and residence

Since we do not know all the legal systems of this world and do not want to expose ourselves to them uncontrolled, we limit the circle of users for our application to natural persons of the Federal Republic of Germany and Switzerland with residence and registered in this country.

To ensure this, you will not use IP proxying or other methods to hide your location from us.

Persons with residence and/or nationality outside these countries may use our services only with our express prior consent.

4. Devices and software

Our services are pure software application. To use this software, certain devices, other software and data connections are necessary for which the user is responsible.

5. Updates

We are constantly working to make our services even better, so you confirm that you agree to download and install updates to our services (also in an automated way).

6. Fees and taxes

In order to use our services, you must have access to the Internet. You are responsible for all data rates, fees and taxes associated with this access to the Internet.

7. Regulations for the use of our services

Function

We operate digital recommendation platforms. The content of these platforms is provided by partners of ours with whom we have concluded bilateral partner agreements in this regard.

There is no obligation to disclose the partner contracts to users and other third parties.

By placing their content on our platforms, the partners intend to conclude a contract defined in the respective content with a suitable user to be found via these platforms. We call such a contract between a user and a partner a content contract and the user included therein a content contract partner.

The content agreed upon in the partner contract between us and the partner is actively and selectively distributed by us to our users.

Users are given the opportunity through our services to review the content for themselves, to register as a potential content partner using the corresponding functions of our application, or to actively redistribute the content in their own social network as a recommendation by using the corresponding functionalities of our application.

Users have no right to access Content, Content content or access to the Platform, nor to influence how and to whom we distribute Content.

The respective partner is solely responsible for the content and the accuracy of the content. We assume no liability or guarantees with regard to the content of our partners' content communicated on our platforms.

Effective recommendation

The content made available to our users may and should be passed on to other persons. Our Services support and document the sharing of Content (hereinafter also referred to as "Recommendation") if it is done through the Services provided to the User by us. In order to use our Services, we need to access features such as Messenger or Mail application of your devices and you authorize us to do so.

As a user, you agree to the documentation and processing of all data and information arising from the recommendation by us without restriction.

The transfer of content by means other than those made available to the user by us with our services does not result in documentation of the recommendation. Recommendations not documented by our platform are ineffective recommendations in the sense of our services.

A referral from one user to another is "effective" for purposes of our Services and will be attributed to the referring user's account if it meets all of the following criteria:

1. The recommendation of Content was created by the recommending user (hereinafter also the recommender) in his active user account (hereinafter also the sender account) and the recommendation was confirmed by him as processed.
2. The recommendation message was successfully sent by our platform.
3. The recipient of the recommendation has received the recommendation message sent by the recommender and opened the recommended content.
4. The recipient has not previously opened a recommendation of the same type, i.e. of the same content, from a user other than the sender from (a) as the recipient.
5. Our platform was able to record and document all the data required for the evaluation of the recommendation in a technically flawless manner.

Successful recommendation

If a contract (content contract) corresponding to the content is concluded between a partner and a user on the basis of a sequence of effective recommendations documented by one of our platforms, this constitutes a successful recommendation (hereinafter also referred to as a successful recommendation chain).

A referral (E) is part of a "successful referral chain" as defined in this User Agreement if it meets all of the following criteria:

1. A User, triggered by an effective Recommendation received (not necessarily (E)) and following the receipt of this Recommendation, enters into a corresponding Content Contract with the associated Content Partner.
2. The conclusion of the content contract from (a) takes place within the regulations of a partner contract belonging to the content between us and the partner.
3. Recommendation (E) concerns the content, of the content contract from (a).
4. Recommendation (E) meets the criteria of an "effective recommendation."
5. The conclusion of the content contract from (a) takes place within the regulations of a partner contract belonging to the content between us and the partner.
6. The recommendation (E) is part of the closed series ("chain") according to (e) between us as the first sender of the content and the recipient who enters into the content contract according to (a).

Allocation of bonus shares

Under certain conditions, we allocate a share of the premium to the users participating in a successful recommendation chain. The total premium to be distributed, the premium distribution and thus the premium shares allocated to the effective recommenders are based on the partner contract belonging to the content and the regulations agreed upon there.

A bonus share regarding a content is then assigned to a user's account if the following requirements are met:

1. There is a valid partner contract for the content, in which a premium has been regulated in the case of a successful chain of recommendations for this content.
2. A successful referral chain in the sense of and according to the agreements of the partner contract from (a) has been identified by one of our platforms.
3. The partner from (a) has accepted the users we have identified as a successful referral chain.
4. The partner from (a) has paid the referral bonus advertised by him to us without deductions in accordance with the partner agreement from (a).
5. With an effective recommendation, the user is part of the successful recommendation chain belonging to the content.
6. The user has a valid license usage agreement with us at the time of the conclusion of the content contract.
7. The user's claims can be successfully verified and fully documented without contradiction within the framework of our internal quality processes and available internal data and documents.
8. The user shall provide all information required by us in order to comply with the legal and formal requirements associated with a permissible premium allocation.

Allocated award shares will be forfeited if the user does not provide us with all necessary information requested by us within 12 months of being contacted by us. A claim for forfeited premium shares against us by users does not exist.

A premium credit is forfeited if your user license is terminated by us for cause.

Payment of bonuses

Premium Shares assigned to the User by us may be applied for payment under the following conditions:

1. The payout of a part of the available premium credit assigned to a user is requested via the application. We will not accept or consider payout requests through any other media or channel.
2. The applying user has an active account with us at the time of application.
3. The size of the requested portion of the premium credit is at the discretion of the requesting User, but must be less than or equal to the available premium credit shown in the User's account at the time of the request.
4. The application by the user formally constitutes an offer. We are not obliged to accept this offer.
5. We have the complete data for a bank account in the user's account name at the time of the application. A payment of rewards is generally made by bank transfer and only to the bank account of the user. You as the user must provide us with your complete and correct account information.
6. We have the data necessary to assign your tax status. No payment can be made without your tax number and, if applicable, your VAT identification number. You as a user are responsible for the legal and tax reporting and payment obligations (e.g. income tax returns, business registrations) resulting from a premium payment to you. We do not assume any responsibility for your tax affairs or other legal reporting obligations. We recommend that you contact a tax advisor or your local tax office if you have any questions about the tax allowances and reporting obligations that apply to you.
7. We will check your application for completeness, correctness and legality. If there are any questions or ambiguities in your application, we will contact you via the contact data stored in your account at the time of your application and, if necessary, request additional information. You are obliged to provide the requested data in the form, time and manner requested by us.
8. After reviewing the application and any additional information you may have provided regarding the redemption of a reward or part thereof, we will send you a message via the contact details stored in your account at the time of the application and inform you whether your offer has been accepted by us.
9. We have the right to hand over the payment process of rewards in whole or in part to third parties, who then take over the processing and communication as our representatives. You as a user agree that we may forward the necessary information and data to this third party.

If we accept the offer from you, the corresponding amount will be credited to your bank account as a commission.

8. Privacy and user data

Your privacy is very important to us. We explain our information and messaging practices in our Privacy Policy.

Our services are digital applications that can be used by you regardless of national borders.

As a user, you grant us the exclusive rights of use and exploitation, unlimited in terms of space, time and content, to the data transmitted to us, including photographs. You as user waive your right to use your name according to § 13 UrhG (German Copyright Law) or according to the Swiss URG (Copyright Law).

You understand and accept that the laws, regulations, rules and standards of the country in which your information is stored or processed may differ from those of your own country.

9. Recommenders at Block2Job Schweiz GmbH

For the private employment agency in Switzerland, special laws (including AVG) and regulations (including AVV) apply. In order for you as a user of Block2Job to also be able to act as a recommender of content and to be legally protected by the formal approval of Block2Job as a "private employment agency", you must formally be part of the Block2Job organization.

With your confirmation of these terms of use, the following individual employment contract is therefore concluded between you and Block2Job Schweiz GmbH:

1. Field of activity
   Redistribution / recommendation of content received via Block2Job in the recommender's own social networks.
2. Beginning and duration of the employment relationship
   The employment relationship begins with the successful completion of the registration process as a Block2Job user (Block2Job account) and is entered into for an indefinite period of time.
3. Termination of the employment relationship
   The employment relationship is linked to the license granted by Block2Job to the User to use Block2Job in accordance with the provisions of the Terms of Use. The employment relationship ends automatically with the blocking, deletion or termination of the Block2Job account.
4. Salary / bonus share / agency commission
   Block2Job assigns the users involved in a successful referral chain under certain conditions a premium share as a referral commission. The total premium to be distributed, the premium distribution and thus the premium shares allocated to the effective recommenders depend on the partner contract belonging to the content and the regulations agreed upon there. In principle, the total premium to be distributed is divided by the number of members of the successful recommendation chain and thus results in the user's individual premium share. The user's individual premium share corresponds to the gross salary. The gross wage includes the vacation bonus and the vacation compensation. The following is an example of how the individual premium share (gross wage) is derived from the basic wage:

   Gross salary	111.33 %	CHF 1’000.00
   ./. Vacation surcharge (8.33% of basic wage)	8.33 %	CHF     -74.80
   ./. Holiday allowance (3% of basic wage)	3.00 %	CHF     -26.95
   Basic wage/base salary	100.00 %	CHF    898.25

5. Social security / payroll deductions
   The employee's statutory social insurance bonuses (AHV/IV/EO, ALV) are deducted from the gross salary. The OASI allowance for OASI pensioners is CHF 16,800.00; the OASI allowance on marginal earnings from sideline employment per year is CHF 2,300.00 (but does not apply to domestic workers, etc.).
   If the annual salary is higher than this allowance, the contributions are deducted from the total salary. Several premium shares per year are added together and result in the relevant annual salary.
6. UVG accident insurance
   BU Occupational accident insurance in accordance with the applicable statutory regulation, at the expense of the employer. NBU Non-occupational accident insurance is not taken out because the employee's weekly working hours do not exceed 8 hours.
7. Occupational pension
   The employee does not reach the BVG minimum wage (as of 01.01.2020 CHF 21,330.00), therefore there is no BVG affiliation obligation on the part of the employer.
8. Vacations and public holidays
   The vacation entitlement per calendar year, based on a 5-day week, is 20 working days. The vacation pay is added as a percentage (8.33 %) to the basic salary and paid out with the salary. Cantonal holidays and the first day of August are considered public holidays on which, as a rule, no work is required. The employee receives a supplement to the basic wage of 3.00 % as compensation for public holidays.

By agreeing to the Block2Job Terms of Use, the Employee declares to have read the Employment Agreement and to be in agreement with its contents.

10. Guidelines when using our services

Only those who use our services in the sense we have communicated in our terms of use and other publicly available publications may do so.

Violations of our terms will result in the suspension of your account and blocking of access to our services. You will not use or create another account with us without our permission if you have been banned by us in such a case.

As a user, you understand that you may only use our services within the scope of the applicable rights of the Federal Republic of Germany and the applicable rights of the European Community as well as the applicable rights of Switzerland. This is independent of where you live and where you use our services.

11. Permitted use of our services

As a user you are part of a community with other people. Within our community, we want to maintain a conscious approach to communication and publication of data that makes our services a positive experience for everyone.

As a user, you support this by using our services to

1. does not violate the rights of other users.
2. respect the personality of each user, i.e., among other things, do not imitate, insult, intimidate, harass anyone.
3. not communicate any racist, ethnically offensive and/or violence glorifying content.
4. not distribute illegal content.
5. not incite, encourage, or call for violence or crime.
6. comply with and do not infringe any other relevant rights, e.g. intellectual or other property rights, privacy rights or rights of publicity.
7. not spread untruths, misrepresentations or misleading statements.
8. not use mass mailings, auto-messaging services or similar.
9. perform any non-private use only with our prior permission.
10. use the Services only in the manner intended by us and in the manner customarily used by you.

You know that emergency calls are not possible through our services. The Services are highly restricted communication services and are not suitable for alerting emergency services such as police, ambulance, fire department or similar. Please use other service providers to reach appropriate emergency services.

Unauthorized use of our services by you as a user will result in immediate termination of your license for cause. We reserve the right to take additional legal steps.

12. Avoid damage

When using our services, you respect our development work and our efforts to provide a positive service for all users. You may not use our services in an unauthorized or improper manner.

That is why you must not:

1. copy, modify, license, sublicense, transfer, perform, display other than in our application, or create derivative works of our systems, services, programs or data.
2. extract, decompile, reverse engineer, create modifications of, or otherwise use derivative versions of our code other than as intended for use.
3. distribute viruses or other types of harmful code through or stored in our Services.
4. attempt to gain unauthorized access to our systems and data files, disrupt or interfere with the system integrity and performance of our services.
5. create or maintain accounts on our Services by automated means, and collect information in an automated manner when using our Services.
6. create accounts in an inadmissible manner, e.g. with false or foreign data on our application.
7. sell, rent or charge fees for our services.
8. use our services in such a way that they can be used by multiple devices at the same time.

Such or similar use of our services by you as a user that is harmful to us will result in immediate termination of your license for cause. We reserve the right to take additional legal steps.

13. Responsibility for your account

You are responsible for the security of your account with us as well as your device on which you use our services.

If you notice any unauthorized use of your account or any violation of our Terms of Use, you must notify us immediately.

14. Third party services

Among others, providers are also active on our services, which may offer you their services. If you decide to use these services of third parties, then their usage and privacy policies apply to your use of these services.

15. Rights and responsibilities regarding information and data

All information and data that you submit to and through our Services is and remains your property. However, you are responsible for ensuring that you have the necessary rights to distribute this data to us and others on and through our Services.

In order for us to operate and you to use our Services, you grant us a worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works of, display and perform the information and all content you upload, transmit, store, send or receive on or through our Services.

16. Property rights

We own all trademarks, logos, domains, copyrights, patents and other intellectual property rights associated with our Services.

Use, in whatever form, is not permitted without our prior consent.

17. Your license

In order for us to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works of, display and perform the information (including Content) that you upload, transmit, store, send or receive on or through our Service(s). The rights granted by you under this License are limited to the purpose of operating and providing our Services.

18. License for use

We grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use our Services for your personal use subject to and in accordance with our Terms.

To report claims of copyright, trademark, or other intellectual property infringement of others, please visit our Intellectual Property Policy. We may suspend your application account if you repeatedly infringe the intellectual property rights of others.

19. Disclaimer

Our application is used by you at your own risk.

We provide you with Services without warranty of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, data security, and freedom from data viruses or malware.

We do not warrant that our services will be error-free, secure, complete, operational, uninterrupted or useful.

We also assume no liability for the completeness and accuracy of the information provided by us and the users on and distributed through our services.

You will indemnify and hold us, our employees, and our officers harmless from and against any and all known and unknown claims, complaints, litigation, damages, and the like, directly or indirectly related to your use of our Services.

Notwithstanding anything to the contrary, our liability, the application, other affiliates, the employees of us and our service providers in such cases shall be limited to the maximum extent permitted by applicable law.

20. Exemption

You agree to indemnify and hold us harmless from and against all liabilities, damages, losses and expenses of any kind, including legal fees of any kind, related to, arising out of or in any way connected with the use of our services.

You will cooperate to the extent required by us in the defense or resolution of any claim.

21. Jurisdiction and venue

Our Terms and any dispute, whether in court or in arbitration, that may arise between us and you shall be governed by the laws of the Federal Republic of Germany for users from the Federal Republic of Germany and by the laws of Switzerland for all users from Switzerland, in both cases excluding the rules of private international law.

You agree that you will bring any claim you have against us relating to, arising out of, or in any way connected with our Terms or our Services exclusively in the competent courts located in Braunschweig, Lower Saxony, and Schwyz, Canton of Schwyz, respectively, and you agree to submit to the personal jurisdiction of those courts for the purpose of having all such disputes heard.

22. Availability of our services

We are interested in providing you with high quality services. Nevertheless, our services may be interrupted for various reasons, e.g. for maintenance work, repairs or equipment or network failures.

Also, events beyond our control may cause our services to be unavailable.

You understand that we may discontinue our services or support of any feature, device or platform, or release thereof, at any time without cause.

23. Cancellation

We may change or terminate your authorization to use and/or access our Services at any time, for any reason and without notice to you.

This may be the case, in particular, if you do not use our services in the manner we intended and violate our Terms of Use or we have reason to believe that you do.

Our Terms of Use, including, without limitation, the Limitations of Liability, License Agreement shall survive the termination of your relationship with us in such cases.

Unless otherwise provided in an agreement executed jointly between you and us, our Terms constitute the entire agreement between you and us with respect to our Application and our Services and supersede any prior agreements.

We may ask you to agree to additional terms in the future for certain Services, which will govern if there is a conflict between our Terms and such additional terms.

Our services are limited to the Federal Republic of Germany and Switzerland, respectively, and are not intended for distribution to or use in any country where such distribution or use would be contrary to local law or subject us to any regulation in any other country. We reserve the right to restrict our services in any country.

Our terms and conditions are written in German. Any translated version is provided for convenience only. If there is a conflict between any translation of our Terms and the German version, the German version shall prevail.

Any modification of our terms and conditions or waiver thereof shall require our express consent.

We may change or update these Terms. We may notify you of changes to our Terms and update the "Last Modified" date at the top of our Terms. Your continued use of our Services confirms your acceptance of our modified Terms. If you do not agree to our modified Terms, you must discontinue your use of our Services. Please review our Terms from time to time.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law or otherwise, and we may transfer your data and information to any of our affiliates or successor companies or any new owner.

You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.

No part of these terms will prevent us from complying with the law.

Except as otherwise set forth herein, our terms and conditions do not grant any preferential rights to any third party.

Failure on our part to enforce any provision of our terms shall not constitute a waiver of any rights.

If any provision in these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of any remaining provisions.

We reserve all rights not expressly granted to you by us. In certain jurisdictions, you may have certain rights as a consumer and our terms are not intended to limit such consumer rights, which cannot be waived by contract.

We always welcome your feedback and suggestions about our application and services. However, you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you are not obligated to offer them to us).

General terms and conditions for users residing in Germany and Switzerland