General Terms of Use

1. Preliminary Remarks

1.1 xeem is a registered trademark of ITCS Conference GmbH (hereinafter referred to as “xeem”) and operates an innovation and matchmaking or networking platform under the domain www.xeem.de or app.xeem.de (hereinafter referred to as the “platform”), which enables private individuals to acquire or train future-relevant skills (hereinafter referred to as “Future Skills”) and get to know potential future employers as part of an innovative application process.

1.2 Future Skills are overarching competencies, which are divided into soft and digital skills. On the xeem platform, some Future Skills are categorized into the following points: self-management, innovative strength, teamwork, and problem-solving competence.

1.3 The following general terms and conditions of use (“GTC”) govern the use of the xeem platform and the associated services (“Services”), which particularly include participation in online challenges (“Online Challenges”).

1.4 These GTC apply both to companies offering an online challenge (hereinafter “providers”) and to private individuals participating in an online challenge (“challengers”, collectively with providers referred to as “users”). The term challenger is to be understood as gender-neutral and includes all m/f/d persons. Where necessary, further differentiation will be made below between the provider and challenger.

1.5 xeem does not recognize any terms and conditions of the user that are contrary to or deviate from these GTC unless their validity has been expressly agreed to in writing. These GTC also apply if xeem, knowing of conflicting or differing conditions of the user, performs the service for the provider without reservation.

1.6 xeem reserves the right to develop additional business areas, for which special terms and conditions may then apply. xeem will explicitly inform users of these terms and their scope.

2. Requirements & Registration

2.1 The basis for using the xeem platform and services is the conclusion of a user agreement between the users and xeem. The opportunity to use the xeem platform does not constitute an offer but merely an invitation to submit an offer. The use of the platform and xeem’s services requires prior registration and the creation of a corresponding account by the users. By completing the registration process, the user submits an offer to conclude the usage agreement. xeem accepts this offer by providing the corresponding services. Only through this acceptance is the contract between the user and xeem concluded. Registration is free of charge for challengers, i.e., without payment of any registration or ongoing fee. A fee is only payable by providers in accordance with a separate agreement concluded between xeem and the providers. Depending on whether the user is a provider or challenger, different (personal) data must be provided. The exact scope of the data collected can be found in section
2.4 of the GTC and the privacy policy.

2.2 Registration is open to all natural or legal persons. The registration of a person who has not yet reached the age of 18 requires the consent of their legal representatives. Upon request from xeem, persons who have registered are obliged to prove the necessary requirements. The registration of a legal person may only be carried out by a natural person authorized to represent them, who must be named.

2.3 During registration, each user must set a self-chosen password and agree to these GTC and the privacy policy by checking a box. Users are obliged to keep the chosen password confidential. xeem points out that claims for non-compliance can be asserted against the account holder. For providers, the password may only be shared within the group with one additional person whose data must also be provided during the registration process. Users are obliged to inform xeem immediately of any suspicion of unauthorized use of the user account and to change the password without delay. Users have the option to include a link to their LinkedIn profile in their profile, if available, to draw the attention of providers of the online challenge.

2.4 The following (personal) data is required for registration:

• For challengers: First name, last name, address, date of birth (with regard to section 2.2), email address, bank details, and information about current professional status (university, degree program, specialization in studies, acquired skills, special knowledge). Additionally, challengers have the option to upload a photo to their profile.

• For providers: the company including full company name, business designation, address, name, first name, email, function, and information about the authorization of the person registering the provider. Providers can also indicate in their profile whether and which positions are generally open.

2.5 All data provided during registration must be truthful. Users are also required to continuously check all provided data for accuracy.

2.6 The GTC that were the basis for registration will be sent to the user’s provided email address after registration is completed, and the user will be welcomed by xeem.

2.7 Each user may register only once and have only one account. If xeem determines that a user has multiple accounts, xeem will delete all accounts except for one after consultation with the affected user. xeem also reserves the right to permanently delete the affected user.

2.8 There is no entitlement to registration.

2.9 xeem reserves the right to reject registration requests or delete profiles and block users’ access to the website and profiles. Blocking may occur, for example, if (i) other challengers are discriminated against in a legally relevant way, (ii) bullied, (iii) hate postings are published, or (iv) other challengers are insulted in a criminally relevant way. The same applies if a challenger repeatedly leaves the team during an online challenge without factual reason. The user will be informed about the planned deletion of the user profile by email or in writing at least one week before the planned deletion. In the event of a profile being blocked, the user will be informed by email of the reason at the time of the block.

2.10 For the purpose of using the platform and services to the extent contractually intended, xeem grants users a simple, non-exclusive, territorially unrestricted, time-limited (to the duration of the respective usage contract), revocable, non-transferable right to use the platform and the services in the version provided by xeem. Users acquire no ownership rights to the platform. All rights to the platform and services remain with xeem.

2.11 It is prohibited to advertise one’s own or third-party services of any kind on the platform without the approval of xeem, except for the presentation of providers in connection with the offering of online challenges.

2.12 The use of the platform to extract, store, or disclose personal data of other registered users for purposes other than the intended use of the offer is prohibited.

2.13 The use of the platform and services for the purpose of advertising to other users in any form is prohibited. This also applies to the setting of corresponding links and especially to advertising for chain letters, gifting circles, surveys, and pyramid and Ponzi schemes.

2.14 Under these GTC, providers grant xeem the right to use the name or protected trademarks of the company in advertising, e.g., on the platform, at trade fairs, or on social media such as Twitter, LinkedIn, or Facebook, for xeem’s offering.

3. Usage Agreement

3.1 The agreement for the use of the platform between xeem and the challenger is concluded through registration on the platform and acceptance of these GTC.

3.2 Registration does not entitle the user to participate in online challenges.

4. Online Challenges

4.1 As described in section 1.1, xeem offers online challenges that enable challengers to train Future Skills while also providing an opportunity to get to know providers as potential future employers through an innovative application process. However, xeem does not guarantee that every challenger will come into contact with a provider. There is no entitlement to this. The term “innovative application process” means that providers have the opportunity to get to know the challengers during the online challenge and determine whether they are suitable for a position with the provider. If this is the case, providers may contact challengers after the challenge ends using the email address provided. In this respect, xeem also serves as an innovative applicant platform and supports providers’ employer branding.

4.2 Employees of (i) xeem or (ii) the providers or affiliated companies are excluded from participating in the online challenges.

4.3 Online challenges are tasks defined and created by the provider using the form provided by xeem and must be processed and uploaded to xeem by teams of 1 to 4 people (“team”) within the time frame specified in section 4.5. The provider is responsible for (i) determining the title of the online challenge, (ii) assigning it to the predefined categories, (iii) writing the description, (iv) specifying how many teams may participate, and (v) setting the prize awarded to the winner(s) of the challenge. There must always be at least one winning team. Whether additional prizes (e.g., for second or third place) are awarded is at the provider’s discretion. The prize may be either a cash or non-cash prize. If a non-cash prize is awarded, it must be shared among the team members. If a challenger leaves the team between team formation and completion of the challenge, this does not affect the prize amount. The prize is then divided among the remaining participants.

4.4 The topic selected by the provider for the online challenge must (i) not violate any laws, such as promoting discriminatory content, and (ii) be workable within the time frame mentioned in section 4.5. The online challenge will only be published after approval by xeem.

4.5 Challengers have between two and four hours to complete the online challenge, depending on the specific configuration by the provider. Teams do not need to participate simultaneously; staggered participation is possible within the time frame. Team formation during an online challenge occurs either by (i) creating a team on the platform and sharing a room link with potential teammates (e.g., friends or fellow students) or (ii) participating on designated challenge days, where individual participants are assigned to teams. In the latter case, the identities of the team members are only revealed once the team reaches the minimum number. Team coordination occurs via video call. To participate, challengers must use a PC or mobile device with a camera and enable video access. The video calls are not recorded by xeem. The goal of the challenge is not to find a final solution, but to encourage creative ideation to train, promote, and develop the Future Skills listed in section 1.2, and to facilitate contact with companies and potential employers.

4.6 The results of all teams that participated in a given online challenge are made available to the provider as a downloadable PDF after the challenge ends. However, this does not apply to ideas/results that are discriminatory, violent, or off-topic. These will not be forwarded. Providers will be notified by email when results are available for download.

4.7 Optionally, a live pitch may be held in which teams present their results directly to the respective provider in an online meeting. There is no guarantee that every team or participant will take part.

4.8 The provider is obligated to evaluate the results within one month and decide which team(s) have won the previously determined cash or non-cash prize(s). The provider has discretion in awarding the prize(s), which must be exercised properly. The prize(s) will be equally distributed by xeem to all members of the winning team(s). Teams will be informed of the provider’s final decision via email from xeem.

4.9 Completed online challenges remain permanently accessible on the platform. This includes the title and description of the challenge as well as information about the company and any logos or images provided. However, it does not include the specific challengers who participated or their results.

5. xeem’s Services

5.1 xeem commits to executing the user agreement in accordance with these GTC.

5.2 xeem agrees to inform registered users regularly about new online challenges and actively promote them. xeem evaluates all information provided by challengers.

5.3 Challengers will be reasonably informed via the email address listed in their profile, in accordance with the privacy policy. After initial registration, the legal basis for sending emails is § 7 para. 3 UWG. Consent can be revoked at any time with effect for the future. Each email contains a link to unsubscribe. Alternatively, you can revoke consent by emailing support@xeem.de. Revocation also terminates the user agreement under these GTC.

5.4 xeem stores registration data. Additional data may optionally be entered, such as a profile picture.

5.5 xeem provides the platform in its current form and functionality. xeem strives for high availability of the platform, so functions are accessible to users as much as possible. However, a specific minimum availability is neither owed nor guaranteed. Temporary interruptions due to maintenance, provider or network outages, or other technical reasons or force majeure are possible. Therefore, there is no entitlement to constant, uninterrupted, complete, or error-free accessibility or usability of the platform.

5.6 xeem does not guarantee that the maximum number of teams will be reached.

6. Rights to the (Work) Results of the Online Challenge

6.1 The (work) results created during the online challenge, in particular any industrial property rights and copyrights, are jointly owned by the team. Work results include all works created by the challengers, particularly documents, project sketches, presentations, and drafts. For clarification, xeem points out that mere ideas are not eligible for protection. In exceptional cases, however, protection may be considered. If copyright protection applies, co-authorship usually exists. The team hereby grants the providers a free, simple, territorially unlimited, and sublicensable right of use to the (work) results. If the provider wishes to obtain an exclusive right of use to the results, they may do so by paying appropriate remuneration in accordance with legal requirements.

6.2 If the results are protected by copyright, the right of use includes, in particular, the reproduction, distribution, public presentation, and public accessibility of the results in all known forms of use, including the right to edit and further develop the results and to use the resulting outcomes to the same extent.

6.3 Users must ensure that the results do not infringe upon third-party intellectual property rights. For xeem’s liability, see section 8.3.

7. Data Protection

The data protection framework is set out in the Privacy Policy.

8. Liability

8.1 xeem is fully liable for claims based on damages caused by us, our legal representatives, or vicarious agents:
• in case of injury to life, body, or health,
• in case of intentional or grossly negligent breach of duty,
• in case of guaranteed promises, if agreed, or
• where the scope of application of the Product Liability Act (“ProdHaftG”) is applicable.

8.2 In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper performance of the contract in the first place and on which the contractual partner may regularly rely (cardinal obligations), xeem is liable for slight negligence only to the extent of the foreseeable damage typical for the contract at the time of conclusion. In all other respects, claims based on slight negligence are excluded.

8.3 xeem is not liable (i) for the infringement of third-party (protection) rights, (ii) for the legality of content uploaded by challengers, (iii) for the content of external websites linked through the platform, or (iv) if providers contact challengers multiple times after a challenge, contrary to what is stated in the GTC. Any related claims must be made between challenger and provider.

8.4 The challenger agrees to indemnify xeem upon first request against all third-party claims made against xeem due to a breach by the challenger of obligations stated in these GTC, particularly section 8.3. In such a case, the challenger will cover the reasonable legal defense costs incurred by xeem.

8.5 Referring to section 5.5, xeem is not liable for system unavailability or malfunction, or for errors in publishing or deleting data.

8.6 xeem accepts no liability for the availability of content published or made accessible by users on the platform. To prevent data loss, users are responsible for creating their own backups of content they have published or made accessible.

8.7 Users are entirely responsible for all content they publish or make accessible on the platform or via the services. As a service provider, xeem assumes no responsibility for user-generated content, data, and/or information, or for content on linked websites. In particular, xeem does not guarantee that such content is accurate or lawful. If users notice any illegal or contract-violating use of the platform or services, they may report it to xeem.

8.8 xeem is not obligated to provide other users with content, data, and/or information if such does not comply with the GTC or applicable law. xeem has the right to remove unlawful content, data, and/or information from the platform without prior notice to the user, in accordance with these GTC.

9. Changes to the GTC

9.1 xeem is entitled to amend its GTC with appropriate notice (see paragraph 2 below) if a change is (i) necessary and (ii) does not unreasonably disadvantage the user.

9.2 xeem will inform the user of any changes to the GTC in text form in the internal area four weeks before they become effective. If the user does not agree with the changes, they may object. The objection can be submitted via email. xeem will inform the user of this right of objection in the notice of amendment and that the changes will be deemed accepted if the user does not object within four weeks of receiving the amendment notice.

9.3 If a user objects to the changes to the GTC, xeem reserves the right to terminate the usage agreement with immediate effect. In this case, the user account will also be deleted immediately, as described in the Privacy Policy.

10. Final Provisions

10.1 These GTC are governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.2 For consumers, this choice of law only applies insofar as it does not deprive the consumer of protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.3 The exclusive place of jurisdiction for legal disputes between xeem and merchants, legal entities under public law, or special public funds arising from contracts is the registered office of xeem.

10.4 Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, or should these GTC contain one or more gaps, the validity of the remaining provisions shall remain unaffected. In place of the invalid, unenforceable, or missing provision, a valid provision shall be deemed agreed upon that most closely reflects the economic intent of the parties.

10.5 xeem is not obliged to participate in alternative dispute resolution procedures and does not participate in them voluntarily.

10.6 xeem is entitled to transfer rights or obligations from the user agreement in whole or in part to third parties.

10.7 For questions about the GTC, feel free to contact us at support@xeem.de.