General Terms and Conditions for Participants

§ 1 Scope and Subject Matter of Contract

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between FairUp UG (haftungsbeschränkt), Wuppertal, represented by its management (hereinafter "FairUp" or "we"), and natural persons who register as participants (hereinafter "Participants" or "you") for digital, hybrid or physical career and vocational orientation events organized via the FairUp platform.

(2) These GTC apply exclusively to consumers within the meaning of § 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

(3) The subject of the contract is access to and use of the FairUp software platform for the purpose of participating in career and vocational orientation events, as well as the related services described in more detail below.

(4) The platform may be used exclusively for the purpose of professional orientation, job search and initiation of employment or training relationships. Any other use - particularly for commercial, advertising or political purposes - is prohibited.

(5) FairUp is not a contracting party to contracts between participants and exhibitors or organizers. FairUp provides only the technical infrastructure and assumes no responsibility for the conclusion or content of such separate agreements.

§ 2 Registration and Account Creation

(1) Use of the platform requires prior registration. Registration is free of charge. By completing and submitting the registration form, the participant makes a binding offer to conclude a usage contract. The contract is concluded upon express confirmation of registration by FairUp (e.g. by activation email).

(2) Registration is only permitted for natural persons who have reached the age of 16. Minors between 16 and 18 years of age require the consent of their legal guardians for registration.

(3) The participant is obliged to provide truthful, complete and up-to-date information during registration. If the information changes, it must be updated immediately in the user account.

(4) Each participant may create only one account. The creation of multiple accounts by the same person is not permitted and may result in blocking.

(5) Access data (username and password) must be kept strictly confidential and may not be passed on to third parties. The participant is responsible for all activities carried out via their account. If there is suspicion of unauthorized use, FairUp must be informed immediately.

§ 3 Scope of Services

(1) FairUp provides participants with access to a web-based software platform that serves to participate in digital, hybrid or physical career and vocational orientation events. The specific range of functions may vary depending on the event and organizer.

(2) The services provided via the platform include in particular:

  • Creation and management of a participant profile
  • Search and filter functions for companies, job offers and events
  • Matching functions between participants and exhibitors
  • Communication tools (e.g. chat, video calls, appointment booking)
  • Access to information materials, presentations and event content
  • Analysis and documentation of own activities (e.g. saved contacts, appointments)

(3) All services are provided free of charge for participants, unless expressly stated otherwise for specific premium functions or special event formats.

(4) FairUp reserves the right to change, expand or restrict individual functions of the platform at any time, insofar as this is reasonable for participants taking into account their interests.

(5) FairUp strives for high technical availability of the platform. However, a specific availability cannot be guaranteed. Times of maintenance work, necessary updates and unavoidable technical disruptions are expressly reserved.

§ 4 Participant Obligations

(1) Participants undertake to use the platform exclusively for the permitted purpose (§ 1 para. 4) and to refrain from any inappropriate or unlawful use.

(2) In particular, the following is prohibited:

  • Providing false information about one's own person, qualifications or intentions
  • Impersonation or misrepresentation of identity
  • Use of the platform for commercial purposes, advertising or spam
  • Harassment, discrimination or insult of other users
  • Dissemination of illegal, offensive, discriminatory or otherwise inappropriate content
  • Circumventing technical security measures or disrupting platform operation
  • Unauthorized collection or processing of data from other users

(3) Participants undertake to treat information and data received via the platform confidentially and to use them exclusively for the purpose of professional orientation and job search.

(4) The participant profile may only contain truthful information. In particular, information about education, professional experience and skills must be accurate. FairUp reserves the right to request proof.

(5) In the event of violations of these obligations, FairUp is entitled to issue warnings, temporarily or permanently block the participant account and/or terminate the contractual relationship without notice. The assertion of further claims remains unaffected.

§ 5 Data Protection

(1) FairUp processes participants' personal data in accordance with the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and other applicable data protection regulations. Details can be found in FairUp's privacy policy.

(2) By registering, participants consent to FairUp processing their personal data for the purpose of providing the platform, processing event participation and enabling contact with exhibitors and organizers.

(3) Participants can view, correct or delete their personal data at any time in their user account. Deletion of the account results in the removal of all personal data, unless retention is required by law or for the assertion of legal claims.

(4) FairUp will only pass on participant data to third parties (e.g. event organizers, exhibitors) if this is necessary for the respective event or if the participant has given their express consent.

(5) Participants are responsible for compliance with data protection regulations when processing personal data of third parties (e.g. in communication with exhibitors).

§ 6 Intellectual Property and Usage Rights

(1) All rights to the FairUp platform, including all software components, content, trademarks and designs, remain exclusively with FairUp or its licensors.

(2) Participants receive a simple, non-transferable and non-sublicensable right of use to the platform for the duration of the contract, limited to the permitted purpose.

(3) Content created or provided by participants (e.g. profile information, uploaded documents, messages) remains the intellectual property of the participant. The participant grants FairUp the simple, spatially and temporally unrestricted right to use this content insofar as this is necessary for providing the platform and event processing.

(4) Participants warrant that they have all necessary rights to the content they provide and that this content does not violate third-party rights. They indemnify FairUp from all third-party claims arising from the provision of content that violates rights.

§ 7 Availability and Technical Disruptions

(1) FairUp strives for high technical availability of the platform. However, a specific availability cannot be guaranteed due to the nature of internet-based services.

(2) FairUp is entitled to temporarily restrict or suspend the platform for the purpose of maintenance work, updates or other technical measures necessary for operation or security. Such measures will be announced in advance if possible and carried out during low-usage times.

(3) FairUp is not liable for disruptions, interruptions or failures of the platform due to force majeure, third-party fault (e.g. internet providers, hosting services) or other circumstances beyond FairUp's control.

(4) Participants are requested to use current, market-standard hardware and software for using the platform. Error-free functionality cannot be guaranteed with outdated systems.

§ 8 Liability

(1) FairUp is liable without limitation for damages arising from injury to life, body or health as well as for damages caused by intent or gross negligence on the part of FairUp, its legal representatives or vicarious agents.

(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable, typically occurring damage. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the participant may regularly rely.

(3) Liability under the Product Liability Act remains unaffected.

(4) FairUp assumes no liability for:

  • Loss of data if this is due to the participant's failure to regularly back up their data
  • Damages arising from the behavior of other platform users (e.g. exhibitors, organizers, other participants)
  • Content, quality or legality of offers made by exhibitors or organizers
  • Conclusion or non-conclusion of employment contracts or other agreements with exhibitors
  • Technical disruptions or failures attributable to third parties or force majeure

(5) FairUp is not obliged to verify the accuracy, completeness or legality of content provided by exhibitors, organizers or other participants. FairUp is only liable for such third-party content if FairUp has knowledge of an obvious legal violation and fails to remove the content immediately.

§ 9 Right of Withdrawal for Consumers

(1) Consumers have a 14-day right of withdrawal. The withdrawal period is 14 days from the date of contract conclusion.

(2) To exercise the right of withdrawal, you must inform us (FairUp UG (haftungsbeschränkt), [address], [email]) by means of a clear statement (e.g. by letter or email) of your decision to withdraw from this contract. You may use the model withdrawal form provided, but this is not mandatory.

(3) To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal:

If you withdraw from this contract, we must reimburse you for all payments we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.

Special Notes:

The right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you exercised your right of withdrawal.

§ 10 Term and Termination

(1) The usage contract is concluded for an indefinite period. It can be terminated by both parties at any time without observing a notice period.

(2) Termination is made by deleting the participant account via the user account or by notification in text form (e.g. by email) to FairUp.

(3) FairUp reserves the right to terminate the contract extraordinarily for good cause. Good cause exists in particular if the participant seriously or repeatedly violates these GTC despite warning, or if continued provision of the platform is unreasonable for FairUp for other reasons.

(4) In the event of termination, FairUp will delete the participant's personal data unless retention is required by law or for the assertion of legal claims.

(5) The participant has no claim to continuation of the usage relationship or to compensation in the event of termination.

§ 11 Participation in Events

(1) Through the FairUp platform, you can access various online or in-person events organized by external organizers or exhibitors. FairUp merely provides the technical infrastructure for registration, information, and mediation, but is not itself an organizer unless explicitly indicated in individual cases.

(2) By registering for an event, you acknowledge the participation conditions, rules of conduct, and technical requirements of the respective organizer. These may include regulations on punctuality, dress code, interaction, or minimum technical requirements.

(3) Admission to participate in an event is at the sole discretion of the respective organizer or exhibitor. There is no entitlement to participation – particularly in cases of capacity limits, professional pre-selection, or violations of usage rules.

(4) FairUp assumes no responsibility for the execution, content, quality, or accessibility of the respective events. Likewise, FairUp is not liable for statements, information, or offers made by exhibitors or organizers during the events.

(5) FairUp reserves the right to exclude you from future events or refuse mediation in case of violations of these GTC or event rules.

§ 12 Event Recordings

(1) Certain events, conversations, or communication content on the platform – e.g., live events, one-on-one conversations, group sessions, chats, or messages between participants and exhibitors – may be recorded by FairUp or the respective organizer for documentation, quality assurance, or training purposes.

(2) Such recording is only carried out with your prior express consent in accordance with Art. 6 Para. 1 lit. a GDPR. You will be transparently informed before the start of the respective recording about the type, scope, purpose, and intended storage period. Your consent will be documented in writing or digitally and can be revoked at any time with effect for the future.

(3) Without your consent, no personal recording takes place. Any non-participation in the recording has no impact on your usage relationship with FairUp, unless participation in the event requires the recording for organizational reasons.

(4) The storage period is based on the purpose stated in the respective information and is regularly reviewed. Personal recordings will be deleted no later than 12 months after the event, unless legal retention obligations or legitimate interests prevent this.

(5) Your own recording or distribution of content (e.g., through screen recording, recording of conversations, or forwarding of chat histories) by participants is only permitted with the express consent of all affected conversation participants. In case of violations, FairUp reserves the right to take legal action and exclude participants from the platform or events.

§ 13 Reviews and Feedback

(1) FairUp may provide review systems or feedback functions on the platform through which participants can share their experiences with events, exhibitors, or platform functions. Reviews serve in particular quality assurance, transparency, and optimization of the offer.

(2) Submission of reviews is voluntary and exclusively in your own name. You commit to communicate objectively, fairly, and truthfully when using such functions. Criticism may be expressed but must not be insulting, discriminatory, defamatory, or misleading.

(3) FairUp reserves the right to delete or block reviews or comments in whole or in part if they violate the review rules or applicable law. In particular, content is inadmissible that:

  • contains personal insults, vilification, or degrading statements,
  • violates the General Equal Treatment Act (AGG),
  • has a commercial or manipulative character (e.g., fake reviews),
  • discloses sensitive personal data of third parties without their consent,
  • is thematically inappropriate or obviously misused.

(4) Reviews are analyzed anonymously and may be used by FairUp to analyze user satisfaction and improve platform offerings. Disclosure to third parties only occurs in aggregated, non-personal form.

(5) There is no entitlement to publication or permanent availability of submitted reviews. FairUp decides within the moderation guidelines on admission, display, and possible removal of contributions.

§ 14 IT Security and Abuse Protection

(1) The platform may contain content provided by third parties, in particular by exhibitors, organizers, or other users. This content is not reviewed, controlled, or adopted by FairUp. The respective provider is solely responsible for the legality and accuracy of this content.

(2) FairUp may link to external third-party websites (e.g., career portals, company pages, application platforms). FairUp has no influence on the content and design of these external pages. At the time of linking, these contents were checked for obvious legal violations; however, continuous monitoring is not reasonable.

(3) As soon as FairUp receives specific indications of illegal or problematic content, the respective link or display will be immediately reviewed and, if necessary, removed. In this context, you can report such indications via the contact form or by email.

(4) The use of external content or linked pages is at your own risk. FairUp assumes no liability for any damages, data loss, or legal violations arising from the use of such third-party offerings.

§ 15 Communication with Third Parties

(1) The platform offers you the opportunity to contact exhibitors, organizers, or other participants directly (e.g., via chat, appointment scheduling, messaging functions). Communication takes place on your own responsibility and at your own risk.

(2) FairUp merely provides the technical infrastructure for contact mediation but is not a party or mediator of the communication initiated via the platform or any resulting legal relationships (e.g., applications, contract negotiations, offers).

(3) FairUp is not liable for content, statements, offers, or actions of third parties, in particular not for the accuracy, completeness, or legality of information transmitted by exhibitors or organizers. This also applies to damages arising from externally initiated conversations or transactions.

(4) Contracts or agreements made outside the platform between you and third parties are outside FairUp's area of responsibility. You are obliged to independently review such relationships legally.

§ 16 Third-Party Content and Links

(1) The platform may contain content provided by third parties, in particular by exhibitors, organizers, or other users. This content is not reviewed, controlled, or adopted by FairUp. The respective provider is solely responsible for the legality and accuracy of this content.

(2) FairUp may link to external third-party websites (e.g., career portals, company pages, application platforms). FairUp has no influence on the content and design of these external pages. At the time of linking, these contents were checked for obvious legal violations; however, continuous monitoring is not reasonable.

(3) As soon as FairUp receives specific indications of illegal or problematic content, the respective link or display will be immediately reviewed and, if necessary, removed. In this context, you can report such indications via the contact form or by email.

(4) The use of external content or linked pages is at your own risk. FairUp assumes no liability for any damages, data loss, or legal violations arising from the use of such third-party offerings.

§ 17 Support and Accessibility

(1) For questions about your account, use of the platform, or technical functions, our digital support team is available. You can easily reach us via the contact form on the platform or by email to our support address.

(2) We strive to process your request quickly and easily – usually within our regular business hours. Please understand that processing times may occur depending on the scope and complexity of your request.

(3) Our focus is on clear, helpful, and solution-oriented communication – always within the resources available to us. There is no entitlement to individual advice or guaranteed response times.

(4) FairUp currently does not offer telephone support or live chat. We will inform you promptly on the platform about planned expansions or new support offerings.

§ 18 AI-Powered Features

(1) FairUp uses algorithmic and partially AI-powered procedures within the platform to show you suitable content, contacts, or suggestions – e.g., in the areas of matchmaking, CV analysis, or profile evaluation. These technologies serve to individually improve your user experience and enable more efficient connections.

(2) The suggestions are based on automated evaluations of your profile data as well as predefined parameters. They are non-binding and serve exclusively for orientation within the platform. You decide yourself which content or contacts you actively use or accept.

(3) The results of these functions are developed and tested with care. Nevertheless, technical deviations, incorrect assignments, or imprecise suggestions may occur. FairUp assumes no liability for the usability of the suggestions in individual cases, unless legally mandatory liability applies.

(4) The processing of personal data within automated functions is carried out in accordance with Art. 6 Para. 1 lit. b GDPR (for contract fulfillment) or Art. 6 Para. 1 lit. a GDPR (consent) if you use optional functions. You can revoke consents at any time with effect for the future.

(5) There is no automated decision-making with legal effect within the meaning of Art. 22 GDPR. The suggestions on the platform have no binding effect and do not have legal or economic consequences without your own action.

(6) FairUp ensures appropriate transparency and technical fairness in the development and use of these functions. The procedures used do not fall under high-risk AI within the meaning of the EU AI Act. Further information can be found in our privacy policy and on the information page about the functioning of automated recommendations.

§ 19 Sanctions for Violations

(1) Compliance with these GTC as well as respectful, purposeful handling of the platform and its functions is mandatory for all users. In case of violations of legal provisions, these GTC, or the platform's code of conduct, FairUp reserves the right to take appropriate measures.

(2) Sanctions are imposed taking into account the specific individual case as well as the severity and repetition of the violation. A graduated approach is aimed for:

  • Notice or informal request for correction in case of first-time or minor violations,
  • Warning with clear presentation of the objectionable behavior and consequences in case of repetition,
  • Temporary restriction or blocking of individual functions (e.g., chat, appointment scheduling) in case of continued or disruptive behavior,
  • Temporary or permanent blocking of the user account, particularly in case of serious, security-relevant, or illegal violations.

(3) In case of particularly serious breaches of duty – in particular in case of intentional deception, misuse of personal data, threats, discrimination, or technical attacks on the platform – FairUp may immediately and without prior notice impose a termination without notice or deletion of the account.

(4) FairUp generally informs you about the measure taken and – if possible – about options for statement or restoration of your access. There is no entitlement to reactivation.

(5) The assertion of further civil or criminal proceedings is expressly reserved.

§ 20 Final Provisions

(1) The law of the Federal Republic of Germany applies excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the respective country of residence remain unaffected for consumers with habitual residence in another EU member state.

(2) The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr. You can use this platform as a consumer for the out-of-court settlement of disputes in connection with online contracts. FairUp is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and does not participate in it.

(3) Should a provision of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. In place of the invalid provision, the statutory provision that comes closest to the economic purpose applies. The same applies to any gaps in the regulations.

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