Translation notice: This English version is provided for convenience. The German version is authoritative in case of discrepancies.
Scope: These terms apply exclusively to entrepreneurs/business customers. Sales to consumers are not intended.
1. Provider and subject matter
The provider is e-Mall 24 UG (haftungsbeschränkt), Buchenweg 5, 31157 Sarstedt, Germany. ProfileGen is locally usable software for the structured creation of candidate profiles based on individually configured profile templates.
2. Enquiry and contract formation
The enquiry form is non-binding and is neither an offer nor an order. After reviewing submitted templates, the customer may receive an individual offer. A contract is formed only when that offer is accepted or another explicit order confirmation is made.
3. Scope of services
The individual offer and the templates, functions and customisations described in it are decisive. Customer-provided templates are reviewed and implemented in ProfileGen to the agreed extent.
4. Prices and VAT
Website prices are non-binding starting prices. The project base starts at EUR 1,000 net. Individual or additional templates start at EUR 400 net per template, depending on structure and effort. Only the individual offer is binding. VAT is added at the statutory rate.
5. Payment
Payment timing and due dates follow the individual offer or invoice.
6. Customer cooperation
The customer provides required templates, logos, texts, information and materials in good time and confirms that it has the necessary rights. Real candidate data should not be submitted for template review unless technically necessary and legally permitted.
7. Licence and unlimited users
After full payment, and unless otherwise agreed, the customer receives a simple, perpetual right to use the supplied ProfileGen version. Within the contracting legal entity, ProfileGen may be used by an unlimited number of authorised employees and on the necessary company devices. No per-user licence fees apply within the same licensee.
8. Affiliates and transfer
Legally separate subsidiaries, sister companies or other group companies are not automatically included. Transfer, resale, sublicensing, rental or provision to third parties requires prior approval to the extent permitted by law.
9. Local use and data
ProfileGen is designed for local use. A ProfileGen cloud and central candidate database are not part of the regular service. The customer is responsible for storage, backup, access protection, deletion and lawful processing of locally used data.
10. Optional external AI
A provided AI prompt may optionally be used with an external AI platform selected by the customer. The external AI service is not part of ProfileGen. ProfileGen does not automatically transmit candidate data to external AI providers.
11. Changes and additional templates
Changes, new templates, extra functions or extensions outside the agreed scope may be quoted and charged separately after prior coordination.
12. Delivery and dates
Delivery is made in the agreed form. Timelines require complete and timely provision of all necessary materials. Individual project dates follow the offer or order confirmation.
13. Updates and support
A one-time purchase price does not create an entitlement to unlimited free development, new functions, new templates or perpetual support unless expressly agreed. Statutory defect rights remain unaffected.
14. Inspection and defects
The customer should review the delivered version and configured templates promptly and report identifiable deviations. For justified defects, the provider is first given an opportunity to remedy them. Statutory rights otherwise remain unaffected.
15. Intellectual property
Rights in ProfileGen, its program code, technical structure and general software components remain with e-Mall 24 UG (haftungsbeschränkt). Rights in customer-provided logos, designs, texts and templates remain with the customer or respective rights holder.
16. Confidentiality
Both parties keep non-public commercial and technical information confidential, subject to statutory disclosure obligations.
17. Liability
Liability is unlimited for intent, gross negligence and injury to life, body or health. In the event of slight negligence in breach of an essential contractual obligation, liability is limited to the typical, foreseeable damage. Further liability for slight negligence is excluded where legally permissible. Mandatory statutory liability remains unaffected. The provider is not responsible for services, availability or data processing of an external AI provider independently selected by the customer unless expressly included in the contract.
18. Backups
The customer is responsible for appropriate backups of local profiles, documents and other files. ProfileGen is not a backup or archive system.
19. Governing law and jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where legally permissible and the customer is a merchant or comparable legal entity, the place of jurisdiction is the provider’s registered office.
20. Final provisions
Individual agreements in an offer or contract take precedence. Amendments require at least text form unless mandatory law requires otherwise. If one provision is invalid, the remaining provisions remain unaffected and statutory law applies.
Contact: info@profilegen.shop