1. Preliminary Remarks
1.1 Xeem GmbH ("hereinafter referred to as "Xeem") operates under the domain www.xeem.de or app.xeem.de ("hereinafter referred to as "Platform") an innovation and mediation or networking platform that enables private individuals to acquire or train future-relevant skills (hereinafter referred to as "Future Skills") and to 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 divided into the following: Self-Management, Innovation Skills, Team Skills and Problem Solving Skills.
1.3 The following General Terms and Conditions of Use ("GTC") for the use of the platform of Xeem regulate the use of the platform and the associated services ("Services"), which includes in particular the participation in online challenges ("Online Challenges").
1.4 These GTC apply to both the companies offering an online challenge (hereinafter "Provider") and the private individuals participating in an online challenge ("Challenger", together with Provider the "Users"). The term Challenger is to be understood as gender-neutral and includes all m/f/d persons. Insofar as necessary, the following differentiates between the Provider and Challenger accordingly.
1.5 Xeem does not recognize any terms and conditions of the User that conflict with or deviate from these GTC, unless their validity is expressly agreed to in writing. These GTC also apply if Xeem performs the service to the provider without reservation in the knowledge of terms and conditions of the user that contradict or deviate from these terms and conditions.
1.6 Xeem reserves the right to establish additional business areas, if necessary, for which special terms and conditions may then apply. Xeem will explicitly refer the users to these terms and conditions and their scope of application.
2. Conditions of Use & Registration
2.1 The basis for the use of the Xeem platform and the services is the conclusion of a contract of use between the users and Xeem. The possibility to use the platform Xeem does not represent an offer, but only an invitation to submit an offer. The use of the platform and services of Xeem requires prior registration and the creation of a corresponding account on the part of the user. By completing the registration process, the user makes an offer to conclude a contract for the use. Xeem accepts this offer of the user by providing the corresponding services. Only through this acceptance the contract between the user and Xeem is concluded. The registration is free of charge for the Challenger, i.e. without payment of a registration or ongoing fee. A fee is only to be paid by the providers according to the details of a contract concluded between Xeem and the providers. Depending on whether it is a provider or a challenger, different (personal) data must be provided. The exact scope of the query can be found in sec.
2.2 Registration is open to all natural persons or legal entities. The registration of a person who has not yet reached the age of 18 requires the consent of their legal representatives. At the request of Xeem, persons who have registered are obliged to prove that they meet the relevant requirements.The registration of a legal entity may only be carried out by a natural person authorized to represent the entity, who must be named.
2.3 When registering, each user must specify a password of his or her own choice and agree to these GTC and the data protection provisions by placing a check mark. The users are obliged to keep the chosen password secret accordingly. Xeem points out that claims can be asserted against the connection owner in case of non-compliance. Concerning the providers it is valid that a passing on of the password within the group is only possible to another person, whose data are to be indicated likewise already in the registration process. The users undertake to inform Xeem immediately in case of suspicion of unauthorized use of the user account and to change the password immediately. Users have the option to include a link to their LinkedIn profile, if available, in their profile and thereby draw the attention of the providers of the online challenge to themselves.
2.4 When registering, the following (personal) data will be required by the
Challenger the following (personal) data is required: First name, last name, address, date of birth (with regard to section 2.2), e-mail address, bank details and information on the current professional status (university, course of study, specialization in studies, acquired skills, special knowledge). In addition, Challengers have the opportunity to upload a photo in their profile.
Providers must enter the company including the complete company name, company identification, as well as the address, surname, first name, e-mail, function and information on the power of representation of the person registering the providerProviders also have the option of entering in the provider profile whether and which positions are to be filled in principle.
2.5 Any data provided during registration must be true. Users are also obliged to continuously check all data provided to ensure that it is up to date.
2.6 The General Terms and Conditions used as a basis for the registration will be sent to the User after the registration has been completed to the e-mail address provided by the User and the User will be welcomed to Xeem.
2.7 Each user may only register once and may only have a single account. If Xeem determines that a user has multiple accounts, Xeem will delete all accounts except for a single account after consultation with the affected user. Xeem also reserves the right to permanently delete the affected user.
2.8 There is no right to a registration.
2.9 Xeem reserves the right to refuse registration requests or to delete profiles and to block users' access to the website and profiles. A blocking can be considered, for example, if (i) other Challengers are discriminated against in a legally relevant manner or (ii) bullied, (iii) hate postings are published or (iv) other Challengers are insulted in a criminally relevant manner. The same applies if a Challenger leaves the team several times during an Online Challenge without any objective reason. The user will be informed of the planned deletion of the user profile by e-mail or in writing at least one week before the planned deletion. If the user profile is blocked, the user will be informed of the reason for the block by e-mail at the time of the block.
2.10 For the purpose of using the platform and the services to the extent provided for in the contract, Xeem grants the
Users the simple, spatially unrestricted, revocable, non-transferable right to use the Platform and the Services in the version provided by Xeem in each case, limited in time to the term of the respective usage agreement. The Users do not acquire any ownership rights to the Platform. All rights to the Platform and the Services shall remain with Xeem.
2.11 It is prohibited to advertise on the platform for own or third party services of any kind without the permission of Xeem, with the exception of the presentation of the providers in the context of the offer of online challenges.
2.12 The use to read out, store or pass on 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 the services for the purpose of submitting advertising in any form to other users is prohibited. This also applies to the setting of corresponding links and in particular to advertising for chain letters, gift circles, surveys as well as pyramid and snowball systems.
2.14 Within the scope of these GTC, the providers grant Xeem the right to use the name or the protected trademarks of the company in the context of advertising, e.g. on the platform, at trade fairs or on social media, such as Twitter, LinkedIn or Facebook, for Xeem's offer.
3. Contract of Use
3.1 The contract on the use of the platform between Xeem and the Challenger is concluded by the registration on the platform and the acceptance of these GTC.
3.2 The registration does not convey any right to participate in online challenges.
4.1 Xeem offers - as described in section 1.1 above - online challenges that enable Challengers to train Future Skills and at the same time provide an opportunity to meet potential future employers with the Providers as part of an innovative application process. However, Xeem does not guarantee that every Challenger will come into contact with the provider. There is no claim to this. By innovative application process is meant that providers are given the opportunity to get to know the Challenger(s) in the course of the online challenge and to check whether the Challenger(s) is/are suitable for a position with the provider. If this is the case, the providers have the opportunity to contact the challengers after the online challenge has ended via the stored e-mail address. In this respect, Xeem also serves as an innovative applicant platform and for the employer branding of the providers.
4.2 Participation of employees (i) of Xeem or (ii) of the providers or companies affiliated with them in the online challenges is excluded.
4.3 Online Challenges are tasks which are defined and created by the Provider on the basis of the query form provided by Xeem and which are to be processed and uploaded at Xeem with a specified team size between 1 and 4 persons ("Team") within the time specified in Section 4.5. In doing so, the Provider is responsible for (i) defining the title of the Online Challenge, (ii) assigning it according to the categories predefined at Xeem, (iii) writing the description and (iv) determining how many teams can participate in the Online Challenge and (v) determining the prize to be awarded to the winner(s) of the Challenge. There must always be at least one winning team. It is up to the provider to decide whether additional prizes will be awarded, for example for the second and third place winners. The prize can be both a non-cash and a cash prize. The minimum value of the prize for the first-place team must be 800 EUR in total, i.e. 200 EUR per Challenger. If a non-cash prize is awarded, it must be divided between the Challengers. If a Challenger leaves the team between the definition of the team and the end of the Online-Challenge, this has no influence on the amount of the prize. The winnings will then be distributed among the remaining participants.
4.4 The topic selected by the Provider, which is the subject of the online challenge, must (i) not violate any legal regulations in terms of topic, e.g. must not have any discriminatory content as its subject matter, and (ii) be able to be worked on within the timeframe specified in Section 4.5. The online challenge will only be published after approval by Xeem.
4.5 The Challengers have a total of between two to four hours for the Online Challenge, depending on the corresponding determination by the Provider in the Online Challenge. The teams do not all have to participate in the Challenge at the same time. It is possible to participate at different times within the specified time frame. Assignment to a team takes place when participating in an online challenge (i) either by opening one's own team via the platform and sharing a room link with any team members, such as friends or fellow students, or (ii) by participating on specified challenge days. In this case, individual participants are assigned to teams with other participants. In this case, it is not recognizable which specific person has already joined the online challenge. The concrete composition of the teams only becomes apparent when the team has reached the minimum number of participants. The voting in the team within the Online-Challenge takes place via a video call. In order to participate, the Challenger is therefore required to use a PC or mobile device with camera function and to allow access to the image. The video team vote will not be stored by Xeem in any form. The aim of the online challenge is not to find a final solution to a problem, but to promote creative idea formation in order to train, promote and further develop the Future Skills mentioned in section 1.2 and to come into contact with companies and potential employees.
4.6 The results of all teams that have participated in the respective online challenge will be made available to the Provider for download as a PDF file after the challenge has ended. However, this does not apply to ideas/results that are discriminatory, violent or do not correspond to the theme of the online challenge task. These will not be forwarded to the provider. The providers will be informed by e-mail as soon as the teams' results are available for download.
4.6 The results of all teams that have participated in the respective online challenge will be made available to the provider for download as a PDF file after the challenge has ended. However, this does not apply to ideas/results that are discriminatory, violent or do not correspond to the theme of the online challenge task. These will not be forwarded to the provider. The providers will be informed by e-mail as soon as the teams' results are available for download.
4.7 Optionally, a live pitch can be organized in which the teams present their results directly to the respective provider within an online meeting. In this case, it is not guaranteed that every team or every participant will take part in the event.
4.8 The Provider shall then be obliged to evaluate the results within a period of one month and then determine which team(s) have won the previously determined cash or non-cash prize. In awarding the prize, the Provider shall have a discretion which it shall exercise dutifully. The prize(s) will be divided equally by Xeem among all members of the winning team(s). The teams will be informed of the Provider's final decision by Xeem via email.
4.9 The completed online challenges are permanently available on the platform. This includes the title and the task of the Online-Challenge as well as the information about the company and the, provided, logo/s and picture materials, but not the concrete Online-Challengers who participated in the Online-Challenge and/or their results.
5. Services of Xeem
5.1 Xeem is obligated to process the user contract according to these GTC.
5.2 Xeem undertakes to inform the registered users regularly when new online challenges are carried out and to promote them actively. In doing so, Xeem evaluates all information provided by the Challengers to Xeem.
5.3 The Challengers are informed by Xeem to an appropriate extent about their email address given in their profile in accordance with the data protection regulations. After initial registration, the legal basis for the mailing is § 7 para. 3 UWG. The consent can be revoked at any time with effect for the future. In every e-mail you receive from us, there is a link provided for this purpose. Alternatively, you can also send your revocation at any time by e-mail to email@example.com. With the revocation, the user contract in the sense of these GTC ends at the same time.
5.4 Xeem stores the registration data of the profiles. Optionally, further data can be entered, for example a profile picture.
5.5 Xeem provides the platform for use in the respective function and form available. Xeem always strives for a high availability of the platform so that the functions are available to all users at all times if possible. A certain minimum availability is not owed and/or guaranteed. Temporary interruptions of operation due to the usual maintenance work, system-immanent disturbances at providers or at network operators as well as for other technical reasons or in case of force majeure are possible. Therefore, there is no claim to uninterrupted, complete or trouble-free accessibility or usability of the platform at any time.
5.6 Xeem does not guarantee that the maximum selected number of teams will be reached.
6. Rights to the (Working) Results of the Online-Challenge
6.1 The (work) results created during the execution of the online challenge, in particular any industrial property rights and copyrights, are jointly owned by the team. Work results are all works created by the Challengers, in particular documents, project sketches, presentations and drafts. For clarification, Xeem points out that the mere idea is not protectable. In exceptional cases, however, protection may be considered. If copyright protection exists, there is usually a co-authorship. The team hereby grants the providers a free, simple, spatially unrestricted and sublicensable right of use to the (work) results. Insofar as the Provider wishes to be granted an exclusive, exclusive right of use to the results created, the Provider has the option, in accordance with the statutory provisions, to have this granted to him in return for payment of an appropriate fee.
6.2 Insofar as these are works protected by copyright, the right of use includes in particular the reproduction, distribution, public reproduction and making available to the public of the results in all known types of use, including the right to edit and further develop the results and the use of the results created in this way to the aforementioned extent.
6.3 The Users shall ensure in each case that the results obtained do not infringe the property rights of third parties. For the liability of Xeem, see section 8.3.
7. Data Protection
The data protection legal conditions result from the data protection declaration.
8.1 For claims based on damages caused by us, our legal representatives or vicarious agents, Xeem is always liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in case of warranty promises, as far as agreed, or
- as far as the scope of application of the Product Liability Act ("ProdHaftG") is opened.
8.2 In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims based on slight negligence are excluded.
8.3 Xeem is not liable (i) for the violation of the (protection) rights of third parties or (ii) the legality of the contents uploaded by the Challengers, (iii) for the contents of third-party websites linked to within the framework of the platform or (iv) for the fact that Providers contact the Challengers not only once, as provided for in the GTC, but several times following the Challenge. Corresponding claims are to be asserted between Challenger and Provider.
8.4 The Challenger is obligated to indemnify Xeem from all claims of third parties upon first request, which these third parties assert against Xeem, if and insofar as the Challenger has violated an obligation contained in these GTC, in particular section 8.3. In this case, the Challenger will assume the costs of legal defense incurred by Xeem in an appropriate amount.
8.5 Xeem is not liable in connection with section 5.5 for the non-availability of the system or disruption of the system or individual functions, in the case of publication or deletion of data.
8.6 Xeem assumes no liability for the availability of content published or made accessible by users on the platform. In order to avoid losses of data that Users have published or made accessible on the Platform, Users are obliged to independently save appropriate backup copies.
8.7 The Users are fully responsible for all content they have published or made accessible on the Platform or the Services. As a service provider, Xeem assumes no responsibility for content, data and/or information provided by Users or for content on linked websites. In particular, Xeem does not warrant that such content is true or complies with applicable law. Insofar as Users notice a use of the platform or the services that is contrary to the law or to the contract, Users may report this to Xeem.
8.8 Xeem is not obligated to make content, data and/or information provided by Users available to other Users if this data and/or information is not in accordance with the specifications of these GTC or applicable law. Xeem is entitled to remove inadmissible content, data and/or information from the platform according to the specifications of these GTC without prior notice to the user.
9. Changes to the GTC
9.1 Xeem is entitled to change its GTC with an appropriate notice period (see para. 2), if a change is (i) necessary and (ii) the User is not unreasonably disadvantaged by it.
9.2 Xeem shall notify the Customer of any changes to the GTC in text form in the internal area four weeks before they take effect. If the user does not agree with the changes, he can object to them. The objection can be submitted by email. Xeem points out the existence of this right of objection to the user in the change notification and that the changes are considered approved if the customer does not object to them within four weeks of receipt of the change notification.
10. Final Provisions
10.1 These GTC shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
10.2 In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.3 The exclusive place of jurisdiction for legal disputes between Xeem and merchants, legal entities under public law or special funds under public law arising from contracts is the place of business of Xeem.
10.4 Should any provisions of these GTC be or become invalid or unenforceable in whole or in part, or should these GTC contain one or more gaps, the validity of the remaining provisions shall remain unaffected. Instead of the invalid, unenforceable or missing provisions, such provision shall be deemed to be agreed upon as the parties would have agreed upon according to the economic purpose pursued by them with this contract, had they considered the relevant point.
10.5 Xeem is not obliged to participate in alternative dispute resolution and does not participate in it voluntarily.
10.6 Xeem is entitled to transfer rights or obligations arising from the user contract in whole or in part to third parties.
10.7 If you have any questions about the GTC, please always feel free to contact us at firstname.lastname@example.org.