These General Terms and Conditions (hereinafter "GTC") govern the contractual relationship between FairUp UG (haftungsbeschränkt), based in Wuppertal, represented by its management (hereinafter "FairUp" or "we"), and companies within the meaning of § 14 BGB (German Civil Code) that use the FairUp software platform for planning, conducting and evaluating career and vocational orientation events (hereinafter "Organizer" or "you").
These GTC are an integral part of all contracts for the use of FairUp's Software-as-a-Service platform for planning, conducting and evaluating digital and hybrid career fairs and similar events.
(1) These General Terms and Conditions (hereinafter "GTC") apply exclusively to Organizers who are entrepreneurs within the meaning of § 14 BGB. An entrepreneur is any natural or legal person or legal partnership that acts in the exercise of its commercial or self-employed professional activity when concluding the contract.
(2) The use of the platform by consumers within the meaning of § 13 BGB is excluded. FairUp reserves the right to request suitable proof of the Organizer's entrepreneurial status at any time.
(3) FairUp offers a web-based software platform for planning, conducting and evaluating digital, hybrid or physical career and vocational orientation events. The subject of the contract is the time-limited provision of this platform within the framework of a Software-as-a-Service (SaaS) model.
(4) The platform may be used exclusively for the purpose of conducting career and vocational orientation events for students, graduates and job seekers. Any other use - particularly for purely commercial, political or private purposes - is prohibited.
(5) FairUp is not a contracting party to contracts between the Organizer and exhibitors or participants. FairUp provides only the technical infrastructure and assumes no responsibility for the conclusion or content of such separate agreements.
(1) Use of the platform requires prior registration and the creation of an Organizer account. By completing and submitting the registration form, the Organizer makes a binding offer to conclude a usage contract. The contract is only concluded upon express activation of the account by FairUp.
(2) FairUp reserves the right to reject registrations without giving reasons or to block accounts that have already been set up, in whole or in part. There is no entitlement to conclude a contract or to use the platform.
(3) Only authorized representatives of the Organizer may register. FairUp is entitled to request corresponding proof of authorization and entrepreneurial status.
(4) The Organizer is obliged to keep all information provided in the context of registration and use (e.g. company data, contact persons, event details) complete, accurate and up to date.
(5) Access data must be treated as strictly confidential by the Organizer and may only be made accessible to authorized employees. The Organizer is responsible for all activities carried out via their account.
(1) FairUp provides the Organizer with a web-based software platform within the framework of the respectively booked service package (e.g. basic account, premium services). This serves for the planning, implementation and evaluation of digital, hybrid or physical career events as well as the management of associated processes.
(2) The functions provided via the platform include in particular:
(3) The specific range of functions depends on the respective service package booked and the current service description on the FairUp platform. FairUp is entitled to further develop or adapt functions within the framework of technical progress, insofar as this is reasonable for the Organizer.
(4) FairUp strives for an average technical availability of the platform of at least 98% per month. This excludes announced maintenance work, necessary security measures as well as times when the platform is not accessible due to circumstances beyond FairUp's control (e.g. force majeure, disruptions at third-party providers).
(5) Use of the platform requires the use of current, market-standard hardware and software. Organizers are requested to use only end devices for accessing the platform that comply with applicable manufacturer and security standards (e.g. operating systems, browsers or firmware versions that are not older than twelve months). Error-free use cannot be guaranteed with outdated software or unsupported systems.
(1) In addition to the free basic access, FairUp offers the Organizer the opportunity to book additional fee-based services (hereinafter "Premium Services"). These include in particular, but not exclusively: extended functions of the talent database, individualized booth packages, extended analysis functions, branding options as well as access to extended communication and event formats.
(2) Premium Services are booked via the FairUp platform and constitute a binding offer by the Organizer. The contract for the respective additional service is concluded upon confirmation of the booking by FairUp. Provision is exclusively for the contractually agreed term and unit of use.
(3) The applicable prices and service contents result from the price and service overview current at the time of booking on the platform or from an individual offer from FairUp. All prices are net plus the respective applicable statutory value-added tax.
(4) FairUp reserves the right to change, expand or restrict the offer of Premium Services at any time. For services already booked, the conditions agreed at the time of booking apply, unless an express alternative agreement has been made.
(1) Payment for fee-based services booked (in particular Premium Services pursuant to § 4) is due in advance, unless a different payment method has been expressly agreed. Payment is made via the payment methods offered on the platform.
(2) FairUp provides the Organizer with electronic invoices for the booked services. The Organizer agrees to receive invoices in electronic form. Invoicing, dispatch and data export are carried out via the integrated functions of the FairUp platform.
(3) All prices are net prices in euros plus the respective applicable statutory value-added tax.
(4) FairUp works with certified payment service providers and complies with the PCI-DSS standard (Payment Card Industry Data Security Standard) in its current version. Payment processing is carried out exclusively via these providers; FairUp does not store complete payment data (e.g. credit card numbers).
(5) If the Organizer is in default with payments, FairUp is entitled to suspend the provision of individual or all booked services until full payment settlement. The assertion of further legal rights remains unaffected.
Additional Provisions:
(1) Use of the FairUp platform by Organizers is exclusively for the purpose of professional communication and mediation between exhibitors and participants within the framework of career and vocational orientation events. Any use beyond this or for purposes other than intended is inadmissible. In particular, the platform's functions may not be used for advertising, commercial or political purposes outside the recruiting context.
(2) The Organizer is obliged to design all content that they publish or transmit via the platform (e.g. event descriptions, company profiles, messages, links or documents) truthfully, objectively, without discrimination and in compliance with the law. It is particularly prohibited to post content or carry out actions that violate applicable law or third-party rights, in particular:
(3) FairUp is entitled to delete content without prior notice in the event of violations of these obligations, to temporarily or permanently block accounts and to terminate the contractual relationship extraordinarily. The assertion of further claims - in particular for damages - remains reserved.
(4) Participant data may only be used for the purpose of direct contact in the context of the specific recruiting process. Transfer to third parties, use for advertising purposes or other inappropriate processing is expressly prohibited unless the participant has given their prior express consent.
(1) The Organizer is solely responsible for the completeness, correctness and currency of all information provided by them in the context of event preparation and implementation, in particular regarding price information, offer descriptions, company profiles, technical requirements and fair data. This also applies to additional offers, booth bookings, price lists and uploaded documents.
(2) The Organizer undertakes to post all content on the platform in a timely manner and in a format suitable for presentation. FairUp assumes no warranty for the complete or correct integration of such content into event communication or participant view, if these were not provided properly or in a timely manner.
(3) The Organizer indemnifies FairUp from all third-party claims asserted due to incorrect, misleading or incomplete information provided by the Organizer, in particular by organizers, participants or partner companies. The indemnification also includes the reasonable costs of legal defense.
(1) FairUp provides the Organizer with various digital tools within the framework of the platform, in particular for communication with participants, appointment scheduling, applicant matching, booking management as well as booth and event organization. The specific range of functions depends on the respective service package booked.
(2) The tools and functions provided may be used exclusively within the framework of the contractual purpose stated in § 1 para. 4 - i.e. for professional contact initiation and initiation of employment and training relationships. Inappropriate or abusive use, particularly for general advertising, political communication or other non-agreed purposes, is inadmissible.
(3) FairUp is entitled to use suitable third-party providers (e.g. for video conferences, email communication, appointment planning, booth visualization or data analysis) for the technical implementation and expansion of the platform. In this context, external systems may be integrated, the use of which may be subject to supplementary terms of use. The Organizer will be transparently informed about this insofar as this is legally required.
(4) FairUp reserves the right to change, restrict or deactivate individual functions of the platform temporarily or permanently for operational, technical or security-related reasons, insofar as this is reasonable taking into account the interests of the Organizer.
(1) FairUp collects, processes and uses system-side usage data, event metrics and interaction information within the framework of contractual service provision in order to provide the Organizer with analytical evaluations of platform usage and the performance of their trade fair participation. These include in particular access numbers, contact initiations, appointment bookings, application interactions as well as other measurable platform activities.
(2) The evaluations are made available to the Organizer via an integrated dashboard in graphical or tabular form. If personal data is affected, processing takes place exclusively on the basis of a legal basis pursuant to Art. 6 GDPR (in particular for contract fulfillment or with the consent of the person concerned).
(3) Furthermore, FairUp is entitled to process and use anonymized or aggregated data that does not allow conclusions to be drawn about individual persons for its own statistical, analytical or system-optimizing purposes. No reference back to individual participants or organizers takes place.
(4) The Organizer undertakes to use the data and evaluations provided exclusively for internal purposes of personnel recruitment, event analysis or to optimize their participation. Transfer to third parties is only permissible with the express consent of FairUp or with a corresponding data protection authorization.
(1) FairUp processes personal data in accordance with the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and other applicable data protection regulations.
(2) FairUp is the controller within the meaning of Art. 4 No. 7 GDPR with regard to the usage, system and communication data generated or collected within the framework of the platform. This applies in particular to the processing of personal data for the purposes of contract execution, system provision, communication, evaluation and billing.
(3) Insofar as the Organizer receives access to personal data of participants within the framework of platform use (e.g. in the context of the application process or direct contact), the Organizer is independently the controller in terms of data protection law from the time of receipt. The Organizer undertakes to comply with all applicable data protection regulations, in particular the obligation to provide information pursuant to Art. 13 GDPR and to safeguard data subject rights.
(4) Insofar as FairUp processes personal data on behalf of the Organizer - in particular in the context of individual additional services or integration-related functions - this is done exclusively on the basis of a separately concluded data processing agreement pursuant to Art. 28 GDPR. In this case, FairUp acts as a processor.
(5) FairUp ensures the security of processing pursuant to Art. 32 GDPR through suitable technical and organizational measures, including encryption (e.g. SSL/TLS), access control and hosting on servers in Germany or the EU.
(1) FairUp strives for an average technical availability of the platform of at least 98% per month. Times of scheduled maintenance work as well as unforeseeable technical disruptions that are beyond FairUp's control are excluded from this.
(2) FairUp is entitled to temporarily restrict individual functions or the entire platform for the purpose of carrying out necessary maintenance work, system updates or security-related measures. Such measures will be announced in advance if possible and carried out during low-usage times.
(3) FairUp assumes no liability for failures, delays or inaccessibility of the platform that are due to force majeure. Force majeure includes in particular events that are beyond FairUp's control and cannot be prevented even with reasonable care. These include in particular:
(4) FairUp is not responsible for functional disruptions that are due to incompatible end devices, outdated software versions or the IT infrastructure used by the Organizer. Organizers are requested to use exclusively current hardware and software corresponding to the state of the art for using the platform.
(1) If the Organizer books fee-based services or additional offers via the platform (e.g. booth packages, branding options, technical extensions), the contract is concluded exclusively between the Organizer and the respective exhibitor. FairUp merely provides the technical infrastructure for this.
(2) Payment processing is carried out via the payment systems integrated by FairUp in the name and on behalf of the respective organizer. FairUp acts here merely as a technical payment processor and is neither seller nor service provider.
(3) The services invoiced to the Organizer are subject to value-added tax in accordance with legal provisions. The Organizer is obliged to independently check their tax obligations in connection with the service booked, in particular with regard to input tax deduction entitlement.
(4) FairUp assumes no responsibility for the tax or legal design of the services offered by the organizer. Any queries regarding service description, invoicing or tax treatment should be clarified directly with the organizer.
(1) All copyright, protective and usage rights to the FairUp platform, including all software components, content, trademarks, designs, functions and data structures, remain exclusively with FairUp or its licensors. No transfer of rights takes place unless this is expressly agreed in writing.
(2) The Organizer receives for the duration of the contract a simple, non-transferable and non-sublicensable right of use for the intended use of the platform within the framework of the respectively booked service package. Any use beyond this - in particular by third parties or for developing competing offers - is inadmissible.
(3) Content (e.g. texts, logos, job advertisements, media files) that the Organizer enters on the platform remains the intellectual property of the Organizer. The Organizer grants FairUp for the contract term the simple, spatially unrestricted right of use to this content insofar as this is necessary for contractual service provision (e.g. display on event pages, in matching or in search functions).
(4) The Organizer warrants that they have all necessary rights to the content they contribute and that this is free of third-party rights. They indemnify FairUp from all third-party claims, including reasonable legal pursuit costs, resulting from unlawful use or unauthorized provision of such content.
(5) The Organizer is obliged to keep their access data secure and to make it accessible only to authorized employees. FairUp assumes no liability for data loss, system errors or unauthorized access due to improper use, negligent handling, inadequate security measures or violations of these obligations by the Organizer.
(6) If personal or company-related data is exchanged or transmitted between the Organizer and the respective organizer in the context of an event, data protection responsibility lies exclusively with the parties involved. In this case, FairUp merely provides the technical infrastructure for data exchange and assumes no responsibility for the legality, completeness or security of this transmission.
(1) The contract for use of the Organizer account is concluded for an indefinite period. However, FairUp reserves the right to deactivate an account and permanently delete it if the Organizer has not actively used the account for a period of more than twelve months. Deletion only takes place after prior notice by email with a notice period of at least 30 days.
(2) The Organizer can end use of the platform at any time by deleting their account or by notification in text form (e.g. by email). FairUp will then delete the account provided no statutory retention periods stand in the way.
(3) FairUp reserves the right to end use of the platform by the Organizer at any time for good cause. Such cause exists in particular if the Organizer violates essential contractual obligations, distributes unlawful content or if insolvency proceedings are opened or rejected for lack of assets against them.
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, insofar as legally permissible, the registered office of FairUp.
(3) FairUp reserves the right to change these GTC with effect for the future insofar as this is necessary to adapt to legal, technical or economic developments. The Organizer will be informed of planned changes at least 30 calendar days in advance by email.
(4) The Organizer has the right to object to the change within 30 calendar days after receipt of the notification. If no objection is made, the changed GTC are deemed accepted. In the event of a timely objection, FairUp reserves the right to delete the Organizer account.
(5) Should a provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a provision shall apply that comes closest to the economic purpose of the invalid provision.
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