1. General and Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between Vancit UG (limited liability), Donaustraße 44, 12043 Berlin, (hereinafter referred to as "Vancit") and its customers (hereinafter referred to as "Users") regarding the use of the Vancit platform.
1.2 These GTC govern the use of the Vancit platform. They apply in particular if the booking is made via the website.
1.3 The registration of a user account is carried out exclusively by Vancit UG (limited liability). By first using the platform or confirming in writing, the user declares their agreement to these terms and conditions.
1.4 The platform is exclusively aimed at companies and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) who use the platform for professional and business purposes. Use by consumers within the meaning of Section 13 of the German Civil Code (BGB) is excluded.
1.5 Deviating, conflicting, or supplementary general terms and conditions of the user do not become part of the contract unless Vancit expressly agrees to their validity in writing.
2. Subject Matter and Scope of Services
2.1 The Vancit platform offers companies a Software-as-a-Service solution (SaaS) that enables the search for potential candidates on various third-party platforms based on specific criteria, the analysis of these candidates, and the evaluation of their technical skills. The goal of the platform is to support companies in identifying and evaluating suitable talent for open positions.
2.2 The specific services, the number of monthly available credits, and the platform's specific functions are determined by the individually agreed offer between Vancit and the user. Credits can be used for certain platform functions and are renewed monthly according to the contractual agreement.
2.3 Vancit provides only a technical tool. No guarantee is given for the successful hiring of candidates, the accuracy or completeness of the provided candidate information, or the results of the analyses and evaluations. The quality and availability of the data depend on the respective third-party platforms.
2.4 The customer is solely responsible for complying with all applicable legal regulations when contacting or recruiting candidates. Vancit does not contact candidates on behalf of the customer and assumes no liability for the legal permissibility of the customer's contact with candidates.
2.5 The user is obligated to use the platform exclusively for the intended purposes and to ensure compliance with all legal requirements, particularly in the area of data protection. This includes, in particular, the use of candidate information in accordance with the terms and conditions of the respective third-party platforms.
3. Registration and Access
3.1 The registration of a user account is carried out exclusively by Vancit UG (limited liability). Access to the platform is provided after an individual contract has been concluded between Vancit and the user.
3.2 The user is obliged to keep their access data confidential and protect it from unauthorized access by third parties. The user is liable for all activities carried out via their user account, unless these were caused by Vancit.
3.3 Vancit reserves the right to suspend or revoke access to the platform if the user violates these GTC or applicable legal regulations.
4. Prices and Payment Terms
4.1 The use of the Vancit platform is based on a monthly subscription model, unless expressly agreed otherwise. The subscription fee is payable in advance and is invoiced at the beginning of the respective billing period.
4.2 The specific prices, the number of monthly available credits, and additional services are determined by the individually agreed offer between Vancit and the user.
4.3 The subscription is automatically renewed for the agreed period (e.g., one month) unless it is terminated with a notice period of at least 7 days before the end of the current billing period. Termination must be in text form (e.g., by email).
4.4 In the event of payment default, Vancit is entitled to temporarily suspend access to the platform until all outstanding amounts have been fully paid. Further claims remain unaffected.
5. User Rights and Obligations
5.1 The user receives a simple, non-transferable, and time-limited right to use the Vancit platform for the duration of the contract. The use of the platform is exclusively permitted for the purposes specified in the contract. Use for other purposes, especially illegal or anti-competitive activities, is prohibited.
5.2 The user may not share their access data with third parties and is obliged to protect this data from unauthorized access. The platform may not be sublicensed or resold to third parties.
5.3 Vancit reserves the right to suspend access to the platform if the user violates these GTC or applicable legal regulations. Further claims, particularly for damages, remain unaffected.
6. Liability and Damages
6.1 Vancit is fully liable for damages caused intentionally or through gross negligence, as well as for damages resulting from injury to life, body, or health.
6.2 Otherwise, Vancit's liability is excluded unless it concerns the violation of essential contractual obligations (cardinal obligations). In this case, Vancit's liability is limited to the typical, foreseeable damage.
6.3 Vancit assumes no liability for the quality, completeness, or availability of data provided by third-party platforms. Likewise, Vancit is not liable for outages or restrictions of the platform caused by force majeure, technical problems, or maintenance work.
6.4 The user is liable for all damages caused to Vancit through the misuse of the platform or violations of these GTC. The user indemnifies Vancit against claims by third parties arising from the unauthorized use of the platform by the user.
7. Data Protection and Confidentiality
7.1 The processing of personal data by Vancit is carried out in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR). Further information on the processing of personal data can be found in Vancit's privacy policy, available under PRIVACY POLICY.
7.2 The user is responsible for complying with data protection regulations when using the platform. This includes, in particular, the lawful processing of candidate data that is searched, analyzed, or stored via the platform.
7.3 Vancit assumes no liability for the data protection practices or compliance with data protection regulations of third-party platforms accessed by the user via the platform.
7.4 Both parties undertake to treat all confidential information exchanged in the course of the cooperation strictly confidentially and to use it only for the fulfillment of the contract. This confidentiality obligation continues even after the termination of the contractual relationship.
7.5 Confidential information may only be disclosed to employees or third parties who require this information for the fulfillment of the contract and are also obliged to maintain confidentiality.
7. Data Transfers to Third Parties
To provide our services, we transfer personal data to selected third-party providers. These include OpenAI, Gemini (Google), Stripe, MongoDB, Anthropic, and Clerk. These providers process data exclusively based on our instructions and in compliance with applicable data protection regulations.
If personal data is transferred to countries outside the EU/EEA (e.g., the USA), we ensure that appropriate safeguards such as the EU Commission's standard contractual clauses are implemented to guarantee an adequate level of data protection.
8. Contract Duration and Termination
8.1 The contract for the use of the Vancit platform is concluded for an indefinite period, unless a fixed term is agreed upon in the individual offer.
8.2 The subscription is automatically renewed for the agreed period (e.g., one month) unless it is terminated by the user or Vancit with a notice period of at least 7 days before the end of the current billing period.
8.3 Termination must be in text form (e.g., by email) and becomes effective as soon as it is confirmed by the other party.
8.4 The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if:
the user violates essential provisions of these terms and conditions,
the user is in default of payment of subscription fees despite a reminder,
or the continuation of the contractual relationship is unreasonable for Vancit for other serious reasons.
8.5 Upon termination of the contract, access to the platform will be deactivated. Any unused credits will expire at the end of the contract.
9. Final Provisions
9.1 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.2 For all disputes arising from or in connection with these GTC, the place of jurisdiction is Berlin, provided the user is a merchant, a legal entity under public law, or a special fund under public law.
9.3 Should any provision of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Instead of the invalid or unenforceable provision, a valid provision shall be deemed agreed that comes closest to the economic purpose of the invalid provision.
