(1) These terms and conditions (including the use and participation agreement and the privacy policy), in their current version, apply in the relationship between the platform operator and the users. Through the use of the AppJobber platform, and particularly by registering as a contractor, the user accepts the contents of the terms and conditions and thereby expressly agrees to them. Any of the user’s contradicting terms hereby are expressly objected to.

(2) The platform operator reserves the right to change or update these terms and conditions at any time. Reasons may be for legal relations or to take into account rising needs of the user and customers. The user will be notified of any change to the terms and conditions via email and on the app itself. If the user has an objection to the change, then it must be voiced within 2 weeks. In the case of an objection, the platform operator reserves the right to terminate the user’s contract within 2 weeks. The notification of a change or an update to the terms and conditions will include the possible consequences of an objection.

(3) The platform operator reserves the right to change the features or characteristics of the AppJobber platform and the AppJobber app without notice or to suspend the service altogether. The platform operator makes no guarantees to the availability or the manner of design of the AppJobber platform and AppJobber app being suitable for a particular purpose.

(4) The availability of the AppJobber platform depends on various technical requirements such as cellular signal strength, user devices, GPS field, etc., and can be interrupted by technical difficulties, or when taking into account the interests of users and organizational measures. Limited availability does not mean liability for the consequences of that limited availability. This applies in particular for the fulfillment or non-fulfillment of jobs, the posting of jobs, the downloading of the app, as well as the execution of payments.

(1) The use of the AppJobber platform is gained by registering as a user. The registration is free of charge. This is possible by opening a user account and agreeing to these terms and conditions.

(2) A right to registration does not exist.

(3) A user account may be transferred to another user who is also registered on the appJobber platform. To do so, the user wishing to transfer the account must notify the platform operator of the transfer via email. The platform operator reserves the right to prohibit the transfer of the user account. In doing so, the platform operator will take the user’s interests into account at its reasonable discretion and weigh them against its own interests.

(4) Creating multiple user accounts for the same person is not permitted. With this restriction, the platform operator aims specifically to prevent abuse and ensure that all users have equal opportunities when it comes to accepting or placing jobs. For example, jobs that are limited per user may not be accepted more than once.

(5) The user agrees to complete all registration information completely and truthfully. Further acquired personal data is protected by the data protection law.

(6) Users must be of legal age. It is prohibited for minors to register and enter into a contractual relationship.

(7) Registration can only be completed with the identification of the user through a personal email address and a confirmation link sent to it.

(8) Should any of the user’s registration information change in the future, the user is responsible for correcting the information immediately. If the user fails to do so, any resulting disadvantages (including financial ones) shall be borne by the user.

(9) The platform operator may request proof of the accuracy of the stored data (e.g. by requesting a copy or scan of a national identity card or a similar identity document).

(10) It is the user’s responsibility to keep their password secret, and to access the user account carefully. In the event of suspected abuse, the platform operator may block certain user accounts.

(1) The user is liable for all activities that occur under the user account.

(2) The user agrees not to hold the platform operator accountable for contents or actions of other users or third parties.

(3) It is the sole responsibility of the user to ensure the legal safety of their job postings. The publication of copyrighted, illegal, or improper content is forbidden. The platform operator reserves the right to remove posts that may violate these guidelines.

(4) A claim to compensation for the blocking or deletion of a user account is not possible.

(5) Users are prohibited from interfering in the operation of the platform. In particular, automated execution of job postings and any form of advertising is not permitted.

(6) The user may close their user account at any time without any need to state their reasons for doing so. On closure of the account, all data in the user profile will be deleted, unless retention for specified periods of time is required by law. In case of legal disputes, user profile data may remain stored for the purposes of preserving evidence and retained until the matter has been definitively resolved.

(7) A user account may be restricted in case of an attempt to circumvent the platform’s technical security measures, or where there is deception regarding the actual provision of services.

(1) In the event of a dispute regarding the proper performance of services by the contractor, the platform operator shall decide based on the listing description and the results of the service provided. Any improper performance of services that does not comply with the listing description—even in part—shall deprive the contractor of the right to receive their fee.

(2) Listings will not be reviewed by the platform operator for legality, accuracy, or completeness.

(3) The platform operator reserves the right to edit and adapt contents of job listing for technical reasons, so that they are accessible without any errors in the appJobber app and on the appJobber platform.

(1) Each user can accept jobs that are him offered through postings. The contractor thereby accepts a binding offer. A contract for the provision of the posted job is created when the first contractor takes the offer. Technically, each offer can only be taken once, and is deactivated for other user’s once it is taken by the first contractor.

(2) Users may only take offers that are legal and in agreement with these terms and conditions. The platform operator would like to call attention to the fact that both the supply of, and payment for services in certain areas (such as tax and legal advice, architectural and engineering services, certain surveying services) are regulated by law or other provisions. Clients, therefore, are responsible for checking if such regulations apply to them and agree to compliance.

(3) Contractors, clients, and the platform operator are independent parties in the contract. The relationship between the contractor and platform operator is not a partnership, organization, joint venture, or employment. The contractor engages in a temporary service relationship with the platform operator, and not in official or permanent employment. The sole responsibility of the contractor’s services is to the defined job.

(4) The Contractor does not provide their services on the platform operator’s premises, is free to choose which jobs they accept, is flexible in their scheduling and is not bound by further platform operator’s instructions. Furthermore, the contractor bears the sole entrepreneurial risk. In other words, the platform operator does not cover any costs in connection with the result, performance or effort delivered or provided by the contractor. In particular, travel expenses and similar costs will not be reimbursed. Expenses that are necessary for the correct completion of a job and are expressly identified in the job description will only be reimbursed on successful completion.

(5) The Contractor is under no obligation and has no right to provide services beyond the scope of work defined in individual orders.

(6) The contractor shall perform the services in accordance with the scope of work and in accordance with the state of the art. The contractor may also engage other persons to perform the tasks. However, the contractor remains responsible for the proper performance of the contractual services. In this regard, the Contractor is not authorized to act as a representative of the platform operator vis-à-vis third parties, in particular to conduct negotiations or make declarations of intent with effect for or against the platform operator.

(7) Individual orders are limited to the time required for their completion; this period may not exceed six hours. Users can find details regarding the specific processing time in the respective orders. If the order is not fulfilled and the work result transferred within the processing time specified in the order after activation, the platform operator is free to cancel the order and reassign it to other users.

(8) A cancelation of the binding job acceptance is only possible by telephone or email support@appjobber.de for a given case. Each contractor, should he not be able to complete the job, has the right to cancel the job acceptance without being charged.

(9) The contractor assigns to the platform operator all rights that may be associated with the performance of the service as soon as the job has been completed and submitted. This includes, in particular, rights of use and exploitation, as well as the commercial transfer of the job results to the platform operator’s client and to third parties. The contractor grants the platform operator an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, worldwide licence to the content generated by them. This licence covers the use, copying, publication, storage, transfer, distribution, sale and rental of any and all user-generated content arising in connection with job listings and the performance of jobs. The user warrants that they hold these rights and are entitled to assign them to the platform operator. The analysis of user-generated content by artificial intelligence models, and the use of such content to train artificial intelligence models, is permitted.

(10) If a job is not done as per the job description, the job will not be paid, not even in part.

(11) If the contractor does not agree with the rejection of a response, he must appeal that with in 2 weeks. The contractor is permitted to submit a statement.

(12) If a dispute is reported, the platform operator shall review, within 4 weeks of the report, whether the work product meets the terms of the assignment. The platform operator shall give the contractor an opportunity to respond. Following the review, the platform operator shall decide whether to accept or reject the work product.

(13) Should the internal dispute resolution procedure described above fail to produce a resolution, all Parties shall retain the right to pursue legal remedies through the courts.

(14) In the case that a job response is accepted after the fact, it will be compensated according to §6.
(15) If an job response is missing some of the images or answers required in the order description, it is generally possible to revise the order. In the case of sample surveys or assignments whose validity period has already expired at the time of review, this option cannot be granted. Revision is excluded if essential aspects of the assignment have not been fulfilled or if terms of the assignment specified in the assignment description - such as those relating to time or location - have not been met.
(16) If interior shots are specified in the job description and cannot be taken (e.g., because photography is prohibited or the specified business no longer exists), the job will not be compensated, as essential parts of the job have not been fulfilled.

(1) The contractor collects the job rewards in a virtual account on the AppJobber platform. He may, at any time, collect the payment owed to him through the methods indicated on the platform. In doing so, the cost of the transaction – unless otherwise agreed – is carried by the contractor. Transactions to domestic banks carry no fees.

(2) The contractor issues an invoice to the platform operator for payment via the billing system on the appJobber website or the appJobber app. The invoice and billing documentation are generated automatically by the software-based billing solution in accordance with the contractor’s tax information. Each contractor is assigned a unique number range for this purpose. The platform operator then pays the contractor within 7 days. Payments are processed once a week. After a payment request has been processed, the next payment request can be submitted after 7 calendar days have elapsed.
(3) The contractor is to completely and accurately provide the necessary billing information and ensure that this information has been properly and legally registered.

(4) Payment of the commission by the platform operator’s client is not made through the platform operator. Thus, the platform operator does not collect the commissions in its own name on behalf of a third party, nor does it forward them to the contractor.

(5) The client may take up to 4 weeks to determine the acceptability of a job response.

(6) The user agrees to the use of electronic billing and invoices, and ensures to hold these for 10 years, under applicable law, legible and in their original format.

(1) The platform operator is not liable for the content of the client’s job postings. The postings usually contain external content provided by the client. The platform operator does not monitor or appropriate this content. The user who creates the content is exclusively liable for it.

(2) Should any illegal content on the platform be indicated to the platform operator, the content will immediately be reviewed and in the case of reasonable suspicion of illegality, the user will be blocked. The client will be given up to 2 weeks to respond to the allegations against the content. If the client does not respond, then the contents will be deleted. If the client does respond, then the platform operator will forward the response and the summonable address to the complainant. Then, only in the case of a settlement or judgment to do so, will the content be deleted.

(1) The relationship between the client and contractor does not create any legal rights or responsibilities in respect to the platform operator. In particular, the platform operator accepts no liability for the content or quality of responses or for any damages resulting therefrom. This excludes cases where the platform operator is responsible for the damage.

(2) The user releases the platform operator of all claims made against the platform operator by other users or third parties. In doing so, the user accepts the costs of the any necessary legal defense against the platform operator, in particular, all court and attorney fees, unless the user is not responsible for the infringement.

(3) Should no deviation from the following provisions be revealed, the parties are to be held liable in accordance with legal provisions.

(4) Liability for damages, willful misconduct, gross negligence, or damages resulting in injury to life, body or health by the platform operator, any of its agents or legal representatives has no limit in amount.

(5) In all other cases, the platform operator is only liable if a breach of a fundamental obligation is in question, and is liable only for injuries incurred in actions absolutely necessary to the fulfillment of a job. In the case that a obligation that the user relies on (cadinal duty) is not met, then the platform operator is liable for typical, predictable damages.

(6) The user is responsible for the regular backup of his own data. Should the platform operator experience a loss of data, liability to the user for any loss suffered is only for an amount appropriate to the loss that would have been suffered had the user regularly backed up his own data.

(1) All parties agree to comply with the data protection laws. In particular, they must oblige their employees and coworkers to a confidentiality agreement in accordance to national law.

(2) The contractor and any subcontractors it may have undertake to maintain the confidentiality of the information shared regarding the performance of the orders. This specifically prohibits the publication of the job description, even in part, as well as the disclosure to third parties of the names of the platform operator’s clients and the trademarks involved. The contractor shall use this data exclusively on a confidential basis within the scope of the collaboration. The contractor is solely responsible for ensuring that any subcontractors also comply with this obligation, so that confidentiality is also ensured in this respect. In the event of a breach of data secrecy and confidentiality, claims for damages may be asserted against the contractor, and the user account may be suspended. Termination of the user account does not affect the agreement regarding confidential content already disclosed prior to the termination of the agreement. The right to terminate the confidentiality obligation for cause remains excluded even after the termination of this agreement.

(3) If a government agency, court, quasi-judicial body, or regulatory authority requires either party to disclose information received under these Terms and Conditions and/or the engagement, the party subject to such an obligation shall not be liable for any breach of confidentiality or non-disclosure obligations under these Terms and Conditions, provided that the obligated party promptly notifies the other party of such an official request for disclosure of information. The other party is free to challenge such a request issued by the authority.

(4) If the platform operator processes the contractor’s personal data, this is done either to fulfill its contractual obligations toward the parties involved or by way of data processing on behalf of the platform operator’s client.

(1) The platform operator has the right to terminate a contract with a user with a termination notice of 4 weeks to the end of the month.

(2) The Contracting Parties’ right to termination for due cause remains unaffected. Where due cause for termination consists of a breach of a contractual obligation by the other Contracting Party, prior written notice of intended termination for due cause must be given first of all. The Contracting Party in breach of contract must be issued with a formal written warning and be given the opportunity to remedy the matters giving rise to the grounds for termination within five calendar days of receiving the written warning. No formal written warning is required where: 
a) the Contracting Party in breach of contract seriously and definitively refuses to perform the services that they are obligated to provide; 
b) a user’s listing violates applicable criminal law, youth protection legislation or applicable data protection regulations; 
c) particular circumstances exist that, with regard to the interests of both Parties, justify immediate termination;
d) security measures at appJobber are circumvented (e.g. in connection with user login or compliance with job limits).

(3) In the case of a termination with good cause, the current applicable lawful funds and claims will be settled. In the case that a user is responsible for the reason for termination with good cause, the provision applies with the stipulation that obligation of payment is eliminated for rewards that, as a result of termination, are illegal or perfunctory.

(4) Claims for damages are not affected by the right to terminate the agreement for cause. In this regard, the platform operator has a right of retention with respect to any remaining credit balance.

(5) Notification of termination will be received in written form, related via email or SMS.
(6)  Re-registration is not permitted following termination by the platform operator.

(1) The operator of this internet service, wer denkt was GmbH, is registered in Darmstadt, Germany, and does not have any foreign dependent or independent subsidiaries.

(2) All contractual relationships, including those with foreign entities, are under the scrutiny of German law, without reference to norms of international private law, and excluding the UN Sales Convention. This is provided that such an action does not violate any mandatory regulations of the user’s home state that protect the user as a consumer as per article 6 paragraph 1 of Rome I Regulation (regulation of the law applicable to contractual obligation).

(3) If the user is a businessman, a legal entity under public law, or a special fund under public law, then any disputes will be subject exclusively to these terms and conditions or to these and the exclusive jurisdiction of the courts at the headquarters of wer denkt was GmbH (Darmstadt, Germany). This also applies if the user has no general place of jurisdiction within the Federal Republic of Germany, provided that no mandatory regulations on jurisdiction over consumer contracts in the EU (section 4 of the Brussels I Regulation) are hereby violated.

(1) Prevailing language of contract is German. Available translations will be accessible to customers for inspection at any time on the AppJobber platform, as well as in download format under the heading Terms and Conditions.

(1) If any provision of these terms and conditions is invalid, the remaining provisions will remain. The invalid provision will be replaced by one that is legally effective with the same meaning and purpose. This also applies for any gaps in the terms and conditions.

(2) The use of any available user information by third parties for the sending of unsolicited advertisements is hereby objected to. The platform operator reserves the right to take legal action in the case of an offense.