Terms & Conditions for Candidates

(1) These General Terms and Conditions ("GTC") apply to all contracts between [COMPANY NAME GMBH], [STREET], [POSTCODE CITY], registered in the commercial register of the local court [COURT] under HRB [NUMBER], represented by Managing Director [NAME] (hereinafter "MandateIQ" or "Provider"), and natural persons who use the MandateIQ platform as candidates (hereinafter "Candidate" or "User").

(2) MandateIQ is a digital matching platform that connects executives with supervisory board and advisory mandates in a data-driven and anonymous manner.

(3) These GTC apply exclusively. Deviating conditions of the user do not apply unless the provider expressly agrees to their validity in writing.

(4) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature (§ 13 BGB).

(1) The presentation of the platform and its functions does not constitute a binding offer but an invitation to submit an offer.

(2) By registering on the platform, the user submits a binding offer to conclude a usage agreement. The contract is concluded upon confirmation of registration by email from the provider.

(3) Prerequisites for registration are completion of the 18th year of age and provision of a valid email address. The user is obliged to provide only truthful information.

(4) Each user may only create one account. Sharing access credentials with third parties is not permitted.

(5) The user is obliged to keep their access credentials secure and protected from unauthorised access. In case of suspected misuse, the provider must be notified immediately.

(6) The contract text is not stored separately after conclusion of the contract. The user can access and download these GTC at any time in their account.

(1) After contract conclusion and complete profile creation, MandateIQ provides the user with the following services:

a) Creation and management of an anonymous candidate profile
b) Participation in the algorithmic matching process to identify suitable supervisory board and advisory mandates
c) Receipt of match notifications when matching active mandate profiles
d) Opt-in function for mutually confirming interest in a match
e) Encrypted chat with the company after mutual opt-in
f) GDPR self-service (data export, data deletion request, access log)

(2) The provider is entitled to reasonably modify or expand the scope of services, provided this is reasonable for the user and the core service is not impaired.

(3) Personal consulting sessions, career coaching or legal advice are not included in the scope of services. These services can be booked separately for a fee.

(4) The provider does not guarantee that a match will occur or that a mandate placement will take place.

(1) Use of the platform is subject to a fee for candidates. The following tariffs are available:

a) Annual payment: EUR 390.00 per year (equals EUR 32.50/month), payable in advance
b) Monthly payment: EUR 39.00 per month, payable monthly in advance

All prices are gross prices including statutory VAT.

(2) The selected tariff is confirmed upon contract conclusion and applies for the respective term in accordance with § 6.

(3) The provider reserves the right to change prices with a notice period of at least 6 weeks. In this case, the user has a right of special termination.

(4) Personal consulting sessions and future premium add-ons are priced separately and individually.

(1) Payment is made via the payment methods offered on the platform, in particular:
- Credit card / debit card (via Stripe)
- PayPal (incl. Apple Pay, Google Pay)
- SEPA direct debit
- Bank transfer (annual payment only)

(2) For annual payment, the total amount is due at the beginning of the contract period. For monthly payment, the respective monthly amount is due at the beginning of each billing month.

(3) In case of payment default, the provider is entitled to temporarily restrict access to the platform until the outstanding amount has been paid. Statutory default interest remains reserved.

(4) In case of an unjustified chargeback, the provider is entitled to invoice the user for the associated processing fees.

(5) Invoices are made available to the user in electronic form by email.

(1) Annual payment: The contract has a minimum term of 12 months from the date of contract conclusion. After expiry of the minimum term, the contract automatically renews for one further month at a time, unless terminated with one month's notice to the end of the respective term.

(2) Monthly payment: The contract can be terminated monthly with one month's notice to the end of the respective calendar month.

(3) Termination can be made at any time directly in the account via the termination area (requirement pursuant to § 312k BGB). Termination by email to [CANCELLATION EMAIL] is also possible.

(4) The right to extraordinary termination for good cause remains unaffected. Good cause for the provider exists in particular in case of:
- User's violation of these GTC
- False information during registration
- Payment default of more than 30 days despite reminder

(5) In case of termination by the user during the minimum term (annual payment), there is no claim to proportional refund of payments already made, to the extent that the right of withdrawal pursuant to § 7 does not apply.

(6) After contract termination, all personal data of the user will be handled in accordance with the privacy policy and statutory retention periods.

(1) As a consumer, the user has a statutory right of withdrawal. The withdrawal notice is contained in Annex A to these GTC.

(2) The user can waive the right of withdrawal by expressly agreeing at the time of contract conclusion that MandateIQ will begin providing the service immediately, and by confirming that they are aware that with this consent they lose their right of withdrawal once the service has been fully provided.

(3) If the user does not expressly request immediate commencement of the service, access to the platform begins after expiry of the 14-day withdrawal period.

(1) The user undertakes to provide only truthful and current information when registering and maintaining their profile.

(2) The user is obliged to keep their profile up to date and to update material changes (especially availability, conflicts of interest) without delay.

(3) The user undertakes to use the platform exclusively for the intended purpose (search for supervisory board and advisory mandates). The following is prohibited in particular:
- Misrepresentation of qualifications or experience
- Use of bot software or automated access
- Disclosure of company information from the platform to third parties
- Contacting companies outside the platform process during matching

(4) The user must maintain the confidentiality of all company information received in the course of matching, even after contract termination.

(5) Violations of these obligations may result in extraordinary termination of the usage agreement.

(1) The provider strives for the highest possible availability of the platform but does not guarantee uninterrupted availability.

(2) Planned maintenance work will be announced to the user in good time where possible.

(3) The provider is entitled to temporarily restrict the operation of the platform in whole or in part if this is necessary for technical reasons or to ensure operation.

(4) User claims due to unavailability of the platform are limited to the liability limits regulated in § 11.

(1) The collection, processing and use of personal data is carried out exclusively in accordance with the applicable General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

(2) Details of data processing, in particular regarding type, scope, purpose, legal bases and storage duration, are regulated in the privacy policy, which is available at [PRIVACY LINK].

(3) Identity data of the user (name, email, employer) is stored AES-256 encrypted and is not accessible to third parties without the user's express consent.

(4) Pursuant to the GDPR, the user has the right at any time to information (Art. 15), rectification (Art. 16), erasure (Art. 17), restriction of processing (Art. 18) and data portability (Art. 20). These rights can be exercised directly in the GDPR self-service area of the account.

(1) The provider is liable without limitation for damages arising from injury to life, body or health and for damages based on intentional or grossly negligent conduct.

(2) In case of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the typical, foreseeable damage.

(3) Otherwise, the provider's liability for damages caused by slight negligence is excluded.

(4) The provider assumes no liability for the accuracy, completeness and timeliness of profile data entered by users.

(5) The provider is not liable for a match occurring, a company granting opt-in, or a mandate placement taking place.

(6) The above liability limitations do not apply if the provider has fraudulently concealed a defect or assumed a guarantee for the condition of the goods. They also do not apply to claims under the Product Liability Act.

(1) The provider reserves the right to amend these GTC with effect for the future. Amendments will be communicated to the user at least 6 weeks before they take effect by email.

(2) If the user does not object to the amended GTC within 6 weeks of receipt of the notification, the amended GTC shall be deemed accepted. The user will be expressly informed of this right of objection and its consequences in the notification.

(3) In case of objection, the provider is entitled to terminate the contractual relationship at the time the new GTC come into force.

(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. For consumers, this applies only insofar as mandatory provisions of the law of the state in which the consumer has their habitual residence do not conflict.

(2) Place of jurisdiction for all disputes arising from and in connection with this contract is [COURT / CITY], provided the user does not have a general place of jurisdiction in Germany or has moved their domicile abroad after conclusion of the contract.

(3) Should individual provisions of these GTC be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions (severability clause). The statutory provision shall apply in place of the invalid provision.

(4) No verbal side agreements exist. Changes and additions to the contract require text form.

(1) The European Commission provides a platform for online dispute resolution (ODR), which is available at https://ec.europa.eu/consumers/odr.

(2) The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

RIGHT OF WITHDRAWAL NOTICE

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day of conclusion of the contract.

To exercise the right of withdrawal, you must inform us ([COMPANY NAME GMBH], [ADDRESS], email: [WITHDRAWAL EMAIL]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.