• 1. Subject of the Terms of Use
  • (1) we are talents GmbH, Karlsruher Str. 23, 10711 Berlin (hereinafter: “we are talents”) operates the internet portal spires (hereinafter: portal or spires), on which employers are given the opportunity to post vacant job profiles and recruiters can introduce candidates to the posted job profiles.
  • (2) The portal can be accessed via the domain www.spires.ai and spires.ai.
  • (3) The following terms of use for employers and recruiters regulate the provision of the services of we are talents for users registered as employers or recruiters on the portal. The registration must specify the company for which the registration is to be made. Recruiters can be freelance recruiters as well as personnel service agencies.
• 2. Registration with we are talents
  • (1) Use of the Services as a registered Employer or Recruiter requires registration via the registration process provided on the Portal (hereinafter: the “Registration”).
  • (2) Registration is carried out via a registration form provided on the portal.
  • (3) Registration and use of the services on the portal as a registered employer or recruiter are free of charge. we are talents also offers registered users services against payment, for which a separate contract must be concluded in each case.
  • (4) To register with we are talents, the user fills out the online registration form on the portal and indicates whether he/she is registering on the portal as an employer or as a recruiter. During registration, the user agrees to these terms of use. Upon completion of the registration, we are talents will send an email to the email address provided by the user during the registration process with a link to confirm the registration. After confirmation of the registration by the user successfully following the link sent, the contract between we are talents and the respective company indicated in the registration is concluded and the registration is completed.
  • (5) Alternatively, it is possible to register on the portal via an existing account on linkedin.com, in which case the contract comes into effect upon successful login in accordance with these terms of use.
    There is no entitlement to the conclusion of a contract and the provision of access to the portal as a registered employer or recruiter. we are talents is entitled to reject an application for membership as a registered employer or recruiter without stating reasons.
  • (6) The data requested during the application process for registration as an employer or recruiter of we are talents must be provided completely and truthfully. You shall be liable for any negligent and/or intentional untruthful provision of data.
  • (7) You are obliged to keep your data up-to-date as a registered member on the portal. If a change in the data provided occurs during the term of your membership, you must correct the information immediately on the portal in your personal settings. If you are unable to do so, please notify us of your changed data immediately by e-mail to [email protected] .
• 3. Responsibility for the access data
  • (1) During the registration process, you will be asked to enter a password. With the e-mail address and the selected password data (hereinafter: access data) provided during the registration process, you can log in to the portal as an employer or recruiter after registration.
  • (2) The access data must be kept secret by you and must not be made accessible to unauthorised third parties.
  • (3) It is also your responsibility to ensure that your access to the portal and the use of the services available on the portal is exclusively through you. If it is feared that unauthorised third parties have gained or will gain knowledge of your access data, you are obliged to inform we are talents immediately. You are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.
• 4. Use as an employer
  • (1) As an employer, you can enter information about yourself and your company in your profile, add contacts and exchange messages with them, create and save job profiles, check and evaluate incoming candidate profiles and enter payment terms.
  • (2) As soon as you post a job profile, our separate terms and conditions for employers apply, which you can access as a registered employer after logging in before posting the job profile.
• 5. Use as a recruiter
  • (1) As a recruiter, you have the possibility to enter information about yourself and your company in your profile, add contacts, reply to messages from employers, create and save candidate profiles, search for job profiles of employers and enter payment conditions.
  • (2) As soon as you post a candidate for a job profile, our separate terms and conditions for recruiters apply, which you can access as a registered recruiter after logging in before posting the candidate profile.
• 6. Services Offer and availability of services
  • (1) The services available on the portal may also include services of third parties to which we are talents merely provides access. For the use of such services - which are marked as third party services in each case - deviating or additional regulations may apply, which we are talents will point out to you in each case.
  • (2) we are talents guarantees in its area of responsibility an availability of 99 % on an annual average. Otherwise, a claim to the use of the services available on the portal exists only within the framework of the technical and operational possibilities at we are talents. we are talents endeavours to ensure that the usability of its services is as uninterrupted as possible. However, temporary restrictions or interruptions may occur due to technical faults (such as interruption of the power supply, hardware and software faults, technical problems in the data lines).
• 7. Service changes
  • we are talents is entitled at any time to change the services provided free of charge on the portal, to make new services available free of charge or against payment and to discontinue the provision of free services. we are talents will in each case take account of your legitimate interests.
• 8. Protection of the contents
  • The content available on the portal is predominantly protected by copyright or other protective rights and is assigned to we are talents, the other users or other third parties as their owners who have made the respective content available. You may only use this content in accordance with these terms and conditions to the extent permitted by law and within the scope specified on the portal.
• 9. posting content
  • (1) As far as available as functionality on the portal, you as a registered user may post content on the portal and thus make it available to third parties, subject to the following regulations.
  • (2) By posting content, you grant we are talents a free and transferable right to use the respective content, in particular
    • to store the contents on the server of we are talents as well as to publish them, in particular to make them publicly accessible (e.g. by displaying the contents on the portal),
    • to edit and reproduce, insofar as this is necessary for the provision or publication of the respective content, and
      If you remove the content posted by you from the portal, the aforementioned right of use and exploitation granted to we are talents shall expire. we are talents shall, however, remain entitled to retain copies made for backup and/or verification purposes.
  • (3) You are fully responsible for the content you post. we are talents does not review the content for completeness, accuracy, legality, timeliness, quality and fitness for a particular purpose. You represent and warrant to we are talents that you are the sole owner of all rights to the content you post on the Portal or are otherwise authorised (e.g. by effective permission from the rights holder) to post the content on the Portal and to grant the rights of use and exploitation under the preceding paragraph. You further represent and warrant that when personal data is posted and transmitted, the related processing of such personal data is lawful and, in particular, does not infringe any rights of the data subject of such personal data.
  • (4) we are talents reserves the right to edit, block or remove already posted content without prior notice if the posting of the content or the posted content itself has led to a violation of the provision in section 10 of these Terms of Use or if there are concrete indications that a serious violation of the provision in section 10 of these Terms of Use will occur. we are talents will, however, take your justified interests into account and choose the mildest means to avert the aforementioned violation.
• 10. Use of content
  • You may use the content available on the portal exclusively within the functionalities provided and the purpose of the processing associated therewith.
• 11. Prohibited activities
  • (1) You are prohibited from any activities on or in connection with the Portal that violate applicable law or infringe the rights of third parties.
    The following actions in particular are prohibited:
    • posting, distributing, offering and advertising content, services and/or products that violate data protection law and/or any other law and/or are fraudulent;
    • the use of content that insults or defames other members or third parties; * the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorised to do so;
  • (2) Furthermore, you are prohibited from the following activities when posting your own content on the portal, irrespective of any possible violation of the law:
    • the spread of viruses, Trojans and other harmful files;
    • the dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or communication, or content or communication which is likely to promote or support racism, bigotry, hatred, physical violence or unlawful acts (in each case explicitly or implicitly);
  • (3) You are also prohibited from any action that is likely to impair the smooth operation of the portal, in particular to place an excessive load on the systems of we are talents.
  • (4) Should you become aware of any illegal, abusive, non-contractual or otherwise unauthorised use of the portal, please contact we are talents GmbH, Karlsruher Str. 23, 10711 Berlin or [email protected] . we are talents will then examine the matter and, if necessary, take appropriate steps.
  • (5) In the event of suspicion of illegal or punishable acts, we are talents is entitled and, if necessary, also obliged to check your activities and, if necessary, to take appropriate legal steps.
• 12. Blocking of access
  • (1) we are talents may block your access to the portal temporarily or permanently if you violate or have violated these terms and conditions and/or applicable law, or if we are talents has another legitimate interest in blocking you. In deciding whether to block access, we are talents will give due consideration to your legitimate interests.
  • (2) In the event of temporary or permanent blocking, we are talents will block your access authorisation and notify you of this by e-mail. Before or immediately after the blocking, you will be given the opportunity to comment for a limited period of time. we are talents will inform you separately by e-mail about the details of the comment and the comment period. The comments must be made in writing and should be addressed to we are talents GmbH, Karlsruher Str. 23, 10711 Berlin.
  • (3) In the event of a temporary block, we are talents will reactivate the access authorisation after the blocking period has expired and notify you of this by e-mail. A permanently blocked access authorisation cannot be restored. Permanently blocked persons are permanently excluded from membership of the portal and may not register again on the portal.
• 13. Data protection
  • Your data is a sensitive asset. The protection of your data is a top priority for we are talents. You can find more information on data protection in the we are talents data protection declaration.
• 14. Liability
  • (1) We are talents shall be liable without limitation for damage caused intentionally or through gross negligence by we are talents or by its legal representatives, executive employees or simple vicarious agents.
  • (2) In cases of slightly negligent breach of only insignificant contractual obligations, we are talents shall not be liable. In other respects, the liability of we are talents for damages caused by slight negligence is limited to those damages that must typically be expected to occur within the framework of the respective contractual relationship (contract-typical foreseeable damages). This shall also apply in the case of slightly negligent breaches of duty by the legal representatives, executive employees or simple vicarious agents of we are talents.
  • (3) The above limitation of liability in para. 2 shall not apply in the case of fraudulent intent, in the case of bodily injury or personal damage, for the breach of guarantees and for claims arising from product liability.
  • (4) A change in the burden of proof to the disadvantage of employers or recruiters is not associated with the above regulations.
• 15. Formal requirement
  • Unless expressly stated otherwise in these Terms, all declarations made in connection with the conclusion, amendment or modification of contracts between you and we are talents must be made in writing or by e-mail. The e-mail address of we are talents is [email protected] . The postal address of we are talents is stated in the provision in section 1 paragraph 1 of these Terms and Conditions.
• 16. Other
  • (1) This contract concluded in accordance with these terms and conditions shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  • (2) The place of performance shall be the registered office of we are talents.
  • (3)The exclusive place of jurisdiction for all disputes arising from or in connection with the contract concluded in accordance with these terms and conditions or concerning its validity shall be the registered office of we are talents.

Status 23.08.2022