Incremaze UG (haftungsbeschränkt), Rheinpromenade 9-13, 40789 Monheim am Rhein (hereinafter referred to as "ScrumMatch", "we" or "us") operates an online platform to match talents and employers (hereinafter referred to as the "platform") at https://app.scrummatch.com/.
Our platform matches true Scrum Masters, Product Owners and Agile Leaders (hereinafter referred to as "talent") with employers that want to create more business value sooner with the help of the talent.
ScrumMatch provides the platform to talents solely on the basis of these ToS (hereinafter referred to as "Agreement"). We object to the validity of any terms and conditions of the talent, unless we have agreed to them in writing.
ScrumMatch may use external services to provide the platform, such as social networking and newsletter services, each of which is subject to their own terms and conditions. We are not liable for these services. We will make these services transparent in a reasonable manner.
A talent is a natural person who can use the platform to find a job. A talent is eligible to participate if he/she is of age and legally competent (sui juris) under German law and is seriously interested in finding an employer for which he/she wishes to work as an employee or contractor.
An employer is a legal entity or natural person that can use the platform to find talents it wants to hire or contract. An employer is eligible to participate if it is looking for talent with a serious interest to hire them as employees or commission them as contractors.
A recruiter is a person who acts on behalf of or as a representative of the company to ScrumMatch and uses the platform for the employer.
The participation of the talent in the platform requires a talent account. By creating a talent account, the talent makes an offer to participate in the platform on the basis of this Agreement.
To make an offer, the talent must provide all information completely and truthfully, using his/her true identity and contact information. ScrumMatch offers the talent the option to limit the visibility of his/her personal information to employers participating in the platform.
ScrumMatch will review the talent's offer and notify the talent of its acceptance or rejection. We have the right, but not the obligation, to request additional information and to verify the accuracy of the talent's information, e.g., by requesting documents for proof of identity.
Participation in the platform comes into effect with our acceptance of the offer, which we declare by email. We are not obliged to accept the talent's offer to participate in the platform or to give reasons for our rejection.
We provide the services of our platform on the basis of a "pay what you want" model.
This means the talent decides the price they want to pay for the services of our platform. The talent can choose to use the platform for free or pay an amount they deem appropriate.
A talent signs up via the platform's website, creates a talent profile and completes a review process.
ScrumMatch then decides whether to publish the talent’s profile. After that, the talent profile can be found by employers. Employers can send interview requests to the talent. The talent can find employer profiles and send interview requests to employers. If an interview request is accepted, ScrumMatch establishes the contact between the talent and the employer and the talent profile becomes fully visible to the employer.
ScrumMatch can actively suggest employer profiles to talents, but is not obligated to do so.
ScrumMatch takes steps to match a talent and an employer, but makes no warranty, guarantee or other commitment that a talent and an employer will eventually actually work together.
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ScrumMatch has the right to contact the talent and the employer to inquire the status of their work relationship. The talent agrees that the employer may provide ScrumMatch with all details of the contract between the talent and employer.
ScrumMatch is entitled to block the talent profile or talent account or delete content if it violates these ToS, is illegal or if there are concrete indications that third parties are in possession of the talent's access data. The talent has no claim to the restoration of deleted information. Such a claim also expires if the restoration is not possible for technical reasons.
ScrumMatch is entitled to temporarily or permanently exclude the talent from further participation in the platform if the talent violates these ToS. Without written consent by ScrumMatch, an excluded talent is prohibited from creating a new account.
These provisions do not limit ScrumMatch's right of termination and virtual property rights.
ScrumMatch continuously develops the platform and provides it to the talent/employer in the latest available version. We reserve the right to add new features and change or remove existing features. The talent/employer has no right to maintain or restore a particular level of service.
Any claims for defects on the part of the talent/employer relating to the functionality of the platform in the version used in each case shall remain unaffected by this. Excluded from the claims for defects are errors caused by operating errors or manipulations by the talent/employer, manipulations by third parties or force majeure.
a) ScrumMatch is not responsible for the availability or obtaining of work permits and other legal requirements necessary for the employment/assignment of the talent by an employer and does not have to provide any support for obtaining these.
b) ScrumMatch is only liable for damages caused intentionally or by gross negligence by us and only for damages caused intentionally by other vicarious agents.
c) Except in case of intent ScrumMatch is not liable for indirect and consequential damages in connection with the platform, especially not for loss of profit, interruption of the talent's/employer's activity or interruption of business operations and/or
d) ScrumMatch assures an availability of the platform of 98% (ninety-eight percent) on an annual average. Periods during which the platform is unavailable due to issues beyond our control (force majeure or fault of third parties) and during which maintenance work is being carried out are excluded from this.
e) ScrumMatch may restrict access to the platform if necessary to maintain the platform or prevent serious malfunctions.
a) ScrumMatch grants the talent a non-exclusive, non-transferable, time-limited and revocable right to use the platform in accordance with and for the duration of this Agreement.
b) ScrumMatch or its licensors are the owners or exclusive rights holders of the platform and all content on the platform. All rights not expressly granted in this Agreement are reserved by ScrumMatch. This excludes content provided by the employer and talent, to which ScrumMatch is granted a perpetual non-exclusive right of use.
c) All rights not expressly granted by this Agreement are reserved to ScrumMatch.
d) The talent warrants to ScrumMatch that it has the right to submit the information to the platform and to grant ScrumMatch the right to use it.
e) The talent agrees to indemnify ScrumMatch and its directors, officers, employees, owners and agents with respect to all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys' fees and costs), defend, indemnify and hold harmless Talent based on any failure to perform or breach of the ToS, including any representations, warranties, covenants, restrictions or obligations made by talent hereunder, or misuse by talent or by any third party under talent's reasonable control.
a) The talent agrees that all information obtained through the platform about employers (e.g., salaries, strategies, goals, projects), ScrumMatch (e.g., business information), or the platform itself (e.g., the review) will remain confidential and may not be used by the talent, directly or indirectly, for any purpose other than participating in this platform.
b) The talent agrees not to use any information obtained through this platform to develop or operate a platform that competes with this platform or to assist a third party in any such venture. This restriction does not apply to information that the talent has lawfully obtained independently without using the platform and its confidential Information.
c) During and after the term of this Agreement, the talent and ScrumMatch will not use or disclose to any third party any employer, talent or ScrumMatch confidential information for any purpose unrelated to this Agreement.
d) ScrumMatch may use data for statistical and marketing purposes. ScrumMatch will anonymize and aggregate talent data before publishing such data.
a) This Agreement shall become effective upon ScrumMatch's acceptance of the talent's offer and shall continue until terminated as set forth below.
b) The talent and ScrumMatch shall have the right to terminate this Agreement upon five (5) business days' notice, unless otherwise agreed in writing.
c) The provisions to clause 10. shall remain valid after termination of the Agreement.
d) The termination can be made via the platform.
e) The parties may terminate the contract at any time for good cause, stating the reasons.
a) ScrumMatch will process the talent's data to the extent necessary to fulfill this Agreement, in accordance with German privacy laws. More details are provided in the ScrumMatch privacy policy: https://scrummatch.com/privacy-policy-platform
b) The talent is aware that this platform transmits the talent's personal data to employers in order to match them. ScrumMatch commits the participating employers to confidentiality and compliance with all data protection regulations. The talent agrees to this transmission.
c) The talent agrees to be contacted by ScrumMatch via phone, email or messaging platform so that ScrumMatch can suggest employers, make appointments and advise the talent on how to use this platform.
a) Each sign-in (login) on the platform is subject to this Agreement.
b) ScrumMatch is entitled to change this Agreement at any time, if this should be necessary due to the further development of the platform, a change in the law or a change in jurisdiction and provided that the participants are not disadvantaged thereby contrary to good faith. ScrumMatch will inform the participants about changes at the next login or by email.
c) Participants may object to the changes within a period of six (6) weeks after receipt of the corresponding notification. The text form (e.g. e-mail) is sufficient for the objection.
d) The changes will become binding unless the talent objects to the changes within the aforementioned period and continues to use the platform after the expiration of the aforementioned period.
e) ScrumMatch will inform the talent with the notification of the changes about the right of objecting to these changes and the legal consequences, in particular the legal consequences of a failure to object.
f) If the talent objects to the changes in due time, the talent or ScrumMatch may terminate the ToS with a notice period of one month, provided that no termination without notice is possible. Until the termination takes effect, the previous version of these ToS applies. The talent is not entitled to any further claims against ScrumMatch.
a) This Agreement contains the entire agreement between ScrumMatch and the talent and supersedes all prior written or verbal agreements or understandings.
b) All rights and obligations of ScrumMatch under this Agreement may be assigned to a subsequent owner or operator of the platform in a merger, acquisition or sale of all or substantially all of ScrumMatch's assets.
c) The talent may not assign or transfer any or all of its rights under this Agreement without the prior written consent of ScrumMatch.
d) This Agreement shall be binding on the legal representatives, successors and valid assigns of ScrumMatch and the talent.
e) Except as provided in paragraph 13, this Agreement may not be modified without the prior written consent of the talent and ScrumMatch. Any amendments, supplements or cancellation of this Agreement must be in text form (e.g. by email); Where provisions of this Agreement require the written form, the requirement for the written form may only be waived in written form.
f) The talent and ScrumMatch are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture or employment relationship between the talent and ScrumMatch.
g) To the extent ScrumMatch fails to take action against any breach of this Agreement by the talent, such failure shall not eliminate ScrumMatch's right to take action against subsequent or similar breaches by the talent.
h) The section headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
i) The German version of this Agreement shall prevail.
j) By registering on the platform, the talent makes an offer to enter into this Agreement. By doing so, the talent confirms that it has read this Agreement and that it agrees with it.
a) This Agreement and its interpretation shall be governed by German law.
b) If the talent is a resident of the EU, the consumer protection law of the country of residence shall apply.
c) If the talent takes legal action, the action must be filed with a German court or with the court of the talent's place of residence.