Terms and Conditions Last updated: September 30, 2020
1. Scope and Terminology
(1) These Terms and Conditions (T&Cs) apply to all business relationships between users and Inga GmbH (referred to as "inga.") concerning the provision of the inga. service. The version in effect at the time of contract conclusion is binding.
(2) Any deviating terms and conditions submitted by the user shall not apply unless explicitly accepted by inga. in written or text form. By entering into a contract, the user acknowledges the applicability of these T&Cs.
(3) For the purposes of these T&Cs:
- "End Customer" refers to any natural or legal person who uses inga.'s services in their own name and for their own benefit.
- "Partner" refers to any natural or legal person who integrates inga.'s services with their own and acts on behalf of a third party.
- "User" includes both End Customers and Partners.
2. Special Provisions
Where special provisions apply to specific services, these take precedence over the general terms in the event of any conflict.
3. Service Description & Modifications
(1) inga. provides a service designed to help users identify talent/applicants via online ads, prequalify them through chatbots, and make their profiles accessible through a management tool. The exact scope is defined in the respective offer. inga. does not guarantee that the client will find candidates they deem suitable.
(2) inga. is an online-based service. Users are responsible for obtaining and maintaining their own internet access. Access to candidate data is provided via a third-party service. Users must register with this third-party service at their own expense and in their own name. inga. does not act as an intermediary.
(3) inga. reserves the right to expand or improve its services ("further development") at any time, provided such changes are reasonable for the user and do not impair the overall contractual purpose.
(4) Users are not entitled to additional features beyond what is defined in section (1).
4. Conclusion of Contract
The service relationship becomes effective upon successful first booking of services.
5. Payment / Invoicing
(1) Upon ordering, the user will receive an invoice in PDF format.
(2) Payment must be made within the period stated on the invoice to the bank account indicated. inga.'s obligation to deliver services is contingent on receipt of full payment.
6. User Obligations
(1) Users must protect their login credentials for the third-party service against unauthorized access.
(2) Users may not misuse inga.'s services. Misuse includes, but is not limited to:
- Publishing or distributing illegal or defamatory content
- Using technical tools or methods (e.g., bots, scripts, software) that could impair the functionality of inga.'s services
(3) Users must comply with applicable data protection laws and enter into all legally required agreements (e.g., data processing agreements). inga. may not be used for unlawful processing of personal data.
(4) inga. reserves the right to immediately delete any content created by users that is unlawful or abusive.
7. Limitation of Liability
(1) inga. is liable for the lawful publication of job postings and for damages directly resulting from the provision of services as contractually agreed.
(2) inga. is not liable for data loss. Users are responsible for backing up data, in accordance with data protection regulations. Data deleted in compliance with these laws is excluded from liability.
(3) Where inga.'s liability is excluded or limited as stated above, the same applies to its agents and service providers.
(4) Liability under the German Product Liability Act remains unaffected.
(5) If unauthorized third parties use inga.'s services by exploiting a user's access credentials, the user remains liable for all charges incurred until inga. is notified and login details are changed.
8. Data Processing & Privacy
(1) inga. processes only the personal data necessary to provide its services.
(2) The user is solely responsible for compliance with data protection laws when processing personal data through the software. This includes, but is not limited to:
- Use of the software
- API integrations with third-party systems
- Data exports and printed reproductions
(3) Further details on data protection, including the nature and scope of data use, are available in the Privacy Policy linked under "Privacy".
9. Changes to These Terms
(1) inga. reserves the right to amend these Terms and Conditions at any time with effect for the future.
(2) If changes are made, users will be notified at least in text form. They will have six weeks to object. If they do object, both parties may terminate the agreement—unless such termination would unreasonably disadvantage the user's contractual interests. If no objection is made within the deadline, the revised terms are deemed accepted. Users will be specifically informed of these consequences in the notification.
10. Final Provisions
(1) German law applies to the contractual relationship between inga. and the user.
(2) Jurisdiction is Frankfurt am Main, Germany. The language of the contract is German.
(3) If any provision of these terms is found to be invalid, unenforceable, or incomplete, the remaining provisions remain unaffected. In such cases, the parties shall agree on a replacement provision that best reflects the original intent.