The English translation of the General Terms and Conditions of .fount presented hereinafter is for convenience purposes for our non-German users only. In the event that discrepancies arise between the English and the German version, the German version of our General Terms and Conditions always prevails.

Directly to the clients GTC

General Terms and Conditions for the use of .fount
for users/talents (job seekers)

Content
1. Scope of application
2. Subject of the contract
3. Rights and duties of the user/talent
4. Rights and obligations of .fount
5. Grant of rights
6. Liability
7. Duration and termination of the contract
8. Right of withdrawal
9. Final provisions

1. Scope of application

‍1.1 These General Terms and Conditions (hereinafter referred to as "GTCs") apply exclusively between .fount GmbH, Münzstraße 12 in D-10178 Berlin (hereinafter also referred to as "fount" or "we", "us" and corresponding pronouns) and users, who are predominantly active in the field of media communication, marketing and advertising (hereinafter also referred to as "talent" or "you", "your" and corresponding pronouns) for the use of the .fount platform, in particular with regard to the creation of user profiles, to match profiles and contacting companies that send job offers via the platform (hereinafter referred to as "clients").

1.2 GTCs brought forward by users/talents that deviate from the regular GTCs only become part of the contract if this has explicitly been agreed to by us in writing.

1.3 These terms and conditions will be made available to you on the platform so that you as a user can read them, download them and save them locally.

1.4 We reserve the right to offer additional services. In this case we will inform you separately and, if necessary, send you additional GTCs.

2. Subject of the contract

‍2.1 The subject matter of the contract is the provision of a platform free of charge which flexibly optimises the entire order/job placement or recruiting process, particularly in the media communication, marketing and advertising sectors. The modular product architecture adapts flexibly to individual needs. fount, as an intuitive user interface, takes over the effective job matching: This means that you, as the user/talent, who is interested in the acquisition of orders or jobs, are responsible for the job placement process. This means that after your registration, subsequent approval and creation of your user profile on our part, in the case of a successful job matching by us, i.e. fount, you will receive concrete job offers from our clients, who, in turn, are looking for users/talents for jobs they submitted to us (e.g. advertising, marketing, communication agencies or film productions).

2.2 There is no entitlement to the procurement of jobs. Nor does the conclusion of this contract constitute an employment relationship between us, i.e. you and fount.

2.3 The fount platform is almost always at your disposal, except in the case of maintenance work. If maintenance work becomes necessary, we will inform you in due time, for example via e-mail. fount is not responsible for Internet/network-related downtimes, especially relating to downtimes in which the platform cannot be accessed via the Internet due to technical or other problems which are beyond our control (e.g. force majeure, etc.).

3. Rights and duties of the user

3.1 Registration

‍3.1.1 To use the platform, you must register as a user/talent on the platform and thereby create a user profile. The required data must be provided truthfully and updated immediately in the case of changes to ensure smooth usage. The use of pseudonyms, abbreviations and artist names is not permitted. After your registration you will receive a confirmation of your registration via e-mail to the e-mail address you entered during the registration process. This confirmation e-mail also represents our acceptance of your offer to commence a contract of use, whereby a contract of use is drawn or commenced between us. There is no right to make a contract with us.

3.1.2 For the operation of fount, it is mandatory that all information provided by you is truthful. For this reason, we may at any time demand proof of identity from you in the form of official documents. If you do not respond to such a request by submitting meaningful documents within a period of two (2) weeks after receiving the corresponding request, we are entitled to disable your user profile at any time.

3.1.3 In order for fount to function smoothly, the user must use only one e-mail address, namely the one that was entered in the registration. Should you wish to change your e-mail address, please inform us by sending an e-mail to support@fount.space, stating the old one. Furthermore, if you become aware of any misuse or loss of this information or if you suspect any such misuse or loss, you agree to notify us by e-mail to support@fount.space.

3.2 Use of the platform

‍3.2.1 The use of the platform, creation of your user profile and the contacting of our clients, who offer concrete jobs, is free of charge.

3.2.2 We offer you the opportunity to create a detailed user profile for which you have to answer specific questions about your professional skills, career and your job search requirements. Answering these questions is necessary for successful job matchings. Your created user profile will then be compared with search profiles of our clients in the course of the matching process carried out by us. In case of a match you will be given job offers regarding jobs to be assigned by our clients after which, you can view the details of the proposal. If you are interested, you must then contact us proactively via the platform, e-mail or other communication channels agreed between us (e.g. by SMS) and thereby agree to the forwarding or release of your contact and data to the specific client whose concrete job offer we have suggested to you ("contact release").

3.2.3 In order to give the client the opportunity or a fair chance to contact you in the event of your contact release, i.e. your application for the job offer previously proposed by us, you agree to block the time period of the proposed job from the time you apply for the job until the end of the job offer, henceforth to not accept any other jobs within the job period stated in the proposal. Repeated non-compliance of the above obligation despite a warning from us entitles us to disable your user profile and to terminate this contractual relationship.

3.2.4 Your user profile will remain online as long as you or we do not deactivate it according to these GTCs. In the event of inactivity of more than three (3) months, i.e. if you do not respond to any contact from us during this period, we reserve the right to deactivate your profile. However, you can reactivate your user profile by sending an e-mail to support@fount.space. There is no right to claim the publishing of your profile.

3.3 Rules for creating profiles

‍3.3.1 You are obliged to observe all applicable laws and other legal provisions when creating your user profile. In particular, you may not post and/or disseminate any data or content, such as texts, images, graphics, recordings, productions, content or works of third parties ("user/talent site content") and links, which violate any legal provisions, which infringe third-party property rights or copyrights or other rights of third parties. In this respect, you are responsible for the data and user/talent content provided by you.

3.3.2 You have the opportunity to help design your profile and, for example, to post a picture of yourself. This picture must be up-to-date and allow to identify you, meaning your appearance must be recognizable as a whole. By agreeing to these GTCs you assure that you are authorized to use the pictures you send publicly, that they may be distributed and that these picture or other files uploaded on the platform do not violate legal regulations, morality and/or the rights of third parties.

3.3.3 No files containing depictions of violence, pornography, discrimination, insults, racism, defamation or other illegal content may be uploaded and/or made publicly accessible. Furthermore, it is forbidden to upload image files on which exclusively or partially foreign companies, brands or other business signs or other protected signs are displayed, unless you are entitled to do so, i.e. you are the owner of the rights to the corresponding contents or the rights owners have permitted you to use them.

3.3.4 Both fount and you can delete or replace uploaded images and files at any time.

3.3.5 We are entitled to remove images or files without prior notice if there are any indications that the publication uploaded to the platform violates legal regulations, morality and/or the rights of third parties.

3.3.6 If you violate these rules, we are entitled to temporarily or completely disable your user profile or to exclude you from using the platform and to remove any illegal content immediately.

3.4 Indemnification

‍3.4.1 You release fount from all claims, including claims for reimbursement of expenses and damages, which other users/talents or clients of the platform, or other third parties, including authorities, assert against fount due to an infringement of their rights by the contents posted by you on the platform. Furthermore, you release fount from all claims, including claims for reimbursement of expenses and damages, which other users/talents of the platform, clients or other third parties, including authorities, assert against fount due to an infringement of their rights by the use of the platform by you. You bear all reasonable costs, including reasonable legal defense costs, incurred by fount due to an infringement of third party rights by you. All further rights and claims for damages of fount remain unaffected. You have the right to prove that we actually incurred lower costs.

3.4.2 The above obligations only apply to the extent that you are also responsible for the infringement in question, i.e. that you acted knowingly or intentionally or disregarded the care required in business.

3.5 Duty of disclosure, fount’s right to information, confidentiality, data processing

3.5.1 Obligation to provide information

‍In the event of a successful mediation of a contract/job relationship by fount, you undertake to inform us immediately of all your activities for directly or indirectly mediated clients (principal) and the relevant agreements and in particular to provide information on fees for such agreements. This is of importance, because fount does not receive a commission from you, but from the client who enters into a contractual relationship with you in relation to an order/job.

3.5.2 fount’s right to information

‍3.5.2.1 If, contrary to expectations, you do not comply with your aforementioned obligation to provide information as agreed, or if there is any doubt in this respect, you are granted a period of grace to rectify your information. If the doubts persist thereafter, you have the right to allow an independent auditor or another person of your choice who is bound to professional secrecy to inspect your books of account, with the mandate to carry out an audit with regard to the contract/order/job relationships with our clients having come into existence through our platform. Subsequently, you have to notify us of the result in writing to the extent of your duty of disclosure. In addition, you hereby grant your client, our client respectively, permission to disclose the invoices you have issued to him and the fees paid to you to fount .

3.5.2.2 If you do not chose an auditor within two weeks, the right of choice will pass to us. If the audit shows that you have not complied with your duty to provide information, you will have to cover the costs of the audit.

3.5.3 Confidentiality

‍You are not authorized to pass on to third parties the contacts, knowledge and information of our clients that you have obtained through us. In particular, connecting our clients and third parties is prohibited. You shall compensate us for all damages incurred to us and/or our clients as a result of the transmission of agency data to third parties in breach of contract.

3.5.4 Data

‍You agree that fount may collect, process or use your personal data as far as this is necessary for the purpose of this contract, in particular for the procurement of jobs.

4. Rights and obligations of fount

‍4.1 We make the platform available to you for the purpose of applying for suitable job offers using a matching system of requirement and user profiles. For this purpose fount only provides the technical possibilities, in particular the platform, the form for the user profile, the matching procedure and the possibility to contact our clients. The respective contents must be provided by the user/talent themselves. fount is not responsible for the success of the matching, as only the existing career and search profiles are matched and the success of the matching depends on a sufficient percentage of accordance. As this is a software, which is not error-free, we cannot guarantee that a concrete contract between you and our clients will be concluded.

4.2 With the platform fount we merely provide a supporting system for filling vacancies or for the placement of job offers to users/talents through an online matching system. Otherwise fount is not involved in the further job assignment, application and/or recruiting process between user/talent and client. Rather, this takes place exclusively between user/talent and client. Accordingly, fount never becomes a party to a contractual relationship between user/talent and client concerning a job. In case of your interest and corresponding release of contact, we are entitled to contact the respective client with regard to the job offer previously proposed to you.

4.3 You agree that we may use your profile and/or the content you post on the platform for the purpose of promoting your profile individually or in connection with profiles of other users/talents and/or promoting the Platform for advertising purposes in any format and free of charge, in particular use it or them on other social media channels such as LinkedIn, Facebook, Instagram, Xing and/or other online and/or offline media (e.g. in print or on radio/TV).

5. Grant of rights

‍With regard to texts, images, graphics, recordings, productions, content or works of third parties ("user/talent site content") posted by you in your user profile or elsewhere on the platform, you grant us the non-exclusive (simple), geographically unlimited right to use the user/talent site content on the platform for the duration and purposes of this agreement. Furthermore, you allow us to change the user/talent content you have placed in your user profile or elsewhere on the platform for the purpose of optimising the presentation of your user profile or the platform and to use it in such a changed form (e.g. to enlarge or reduce images or to change/adapt colours).

6. Liability

‍6.1. fount is liable, unless it is a matter of breach of essential contractual obligations, only for damages caused by it and its legal representatives or one of its vicarious agents through gross negligence or intent. In case of breach of essential contractual obligations through simple negligence, fount will only be liable up to the amount of the typically foreseeable damage. Liability for unforeseeable damages is excluded.

6.2 The above limitation of liability does not apply in the case of injury to life, body or health and not for claims arising from the Product Liability Act or to the extent of a guarantee assumed by fount. The above limitation of liability applies to contractual as well as non-contractual claims.

6.3 Under no circumstances is fount liable for the factual statements contained in its contractual services regarding the contents and provisions of the user/talent as well as for texts, images, graphics, recordings, productions, contents or works of third parties provided by the user/talent. The user/talent bears sole responsibility for the use and exploitation of such user-side content. If claims are made against fount in this regard by third parties, the user/talent agrees to indemnify fount from these claims upon first request.

7. Duration and termination of the contract

‍7.1 The contract for the use of the platform is concluded for an indefinite period.

7.2 You can cancel the contract at any time. To do so, write an e-mail to support@fount.space with the subject "termination". In order to identify you correctly, we ask you to provide us with the following data in this e-mail: first name and surname, e-mail address registered with fount, the telephone number registered with fount, and your job title. If we receive such an e-mail, we will deactivate your account.

7.3 fount may terminate the contract at any time with a notice period of one (1) month.

7.4 The right to terminate for good cause remains unaffected. Good cause for termination by us (fount) exists, in particular, if you violate fount’s rights of use and/or use the platform beyond what is permitted under this agreement and fail to stop such usage behavior within a reasonable period of time despite a warning from us, or if you post legally or contractually prohibited content in your user profile and/or elsewhere on the platform.

7.5 Notice of termination must be given in text form (e.g. e-mail).

8. Right of withdrawal

‍If you are a consumer, i.e. a natural person who concludes a legal transaction for a purpose that is not related to your commercial or self-employed professional activity, you may revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 14 days without stating reasons. The time limit begins after receipt of this instruction in writing, but not before the conclusion of the contract and also not before the fulfilment of our information duties in accordance with Article 246 § 2 in conjunction with § 1 Section 1 and 2 EGBGB and also not before fulfilment of our duties in accordance with § 312g Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation suffices to comply with the revocation period. The revocation must be addressed to:

fount GmbH
‍Münzstraße 12
D-10178 Berlin

Special instructions
‍Your right of revocation expires prematurely if the contract is completely fulfilled by both parties at your expressed request before you have exercised your right of revocation.

End of the revocation instruction.

9. Final provisions

‍9.1 Should a provision in these GTCs or a provision within the framework of other agreements between you and us be or become invalid, the validity of all other provisions or agreements shall not be affected. In such a case, both parties would start an undertaking to replace an invalid or unenforceable provision by a valid or enforceable provision, which achieves the economic or artistic purpose of the invalid or unenforceable provision. The same applies in the event of a loophole requiring regulation.

9.2 The law of the Federal Republic of Germany applies.

9.3 If you do not have a general place of jurisdiction in Germany or in another EU member state, if you move your permanent residence abroad after these GTCs have come into effect or if your residence or usual place of abode is unknown at the time of the commencement of legal action, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of fount.

9.4 fount is entitled to change and adapt these GTC during the term of the contract with effect for the future. In this case, we will send you the amended terms and conditions in writing before they come into affect or inform you in writing where you can view them (e.g. by means of a link) and clearly indicate the new regulations and the date of their coming into force. At the same time, we will grant you a reasonable period of at least four weeks to declare whether you accept the changed terms of use for the further use of the services. If you do not make a statement within this period, which begins to run from the receipt of the initial notification in writing, the changed conditions are deemed to be agreed. We will inform you separately of the legal consequences, i.e. the right to object, the objection period and the meaning of silence. This amendment mechanism does not apply to amendments to the parties’ main contractual obligations.

Status: February 2020


General Terms and Conditions for the use of fount
for clients (offering jobs)  

Content
‍1. Scope of application
2. Subject of the contract
3. Rights and duties of the client
4. Payment
5. Rights and obligations of fount
6. Grant of rights
7. Liability
8. Duration and termination of the contract
9. Final provisions

1. Scope of application

1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTCs") shall apply exclusively between fount GmbH, Münzstraße 12 in D-10178 Berlin (hereinafter also referred to as "fount" or "we", "us" and corresponding pronouns) and registered companies or entrepreneurs, which are mainly active in the field of media communication, marketing and advertising, and which have been commissioned or commissioned by us (hereinafter also referred to as "clients" or "you", "yours" and corresponding pronouns) for the use of the fount platform, in particular with regard to the creation of client profiles, the use of profile matching as well as the establishment of contact or mediation of contact with users who are looking for job offers via the platform (hereinafter also referred to as "users" or "talents").

1.2 As a client, you and your authorized representatives may only use the platform if you are natural persons or legal entities or partnerships with legal capacity and, upon conclusion of a legal transaction, are acting in the exercise of your commercial or self-employed professional activity.

1.3 GTCs of clients that deviate from the regular GTCs only become part of the contract if this has explicitly been agreed to by us in writing.

1.4 We reserve the right to offer additional services. In this case we will inform you separately and, if necessary, send you additional GTCs.

1.5 These GTCs are made available to you on the platform so that you as a client can read, download and locally save them.

2. Subject of the contract

‍2.1 The subject matter of the contract is the provision of a platform free of charge which flexibly optimises the entire order/job placement or recruiting process, particularly in the media communication, marketing and advertising sectors. The modular product architecture adapts flexibly to individual needs. fount, as an intuitive user interface, takes over the effective job matching: This means that after your registration, subsequent approval and creation of your user profile on our part, in the case of a successful job matching by us, i.e. fount, you will receive user/talent profiles, which are specifically related to your order or job offer. You then can make contact under the obligation to pay us the payment regulated in section 4 in the case of the signing of a contract between you and the user/talent.

2.2 There is no entitlement to the procurement of job offers, a match or other legal transactions.

2.3 The fount platform is almost always at your disposal, except in the case of maintenance work. If maintenance work becomes necessary, we will inform you in due time, for example via e-mail. fount is not responsible for Internet/network-related downtimes, especially relating to downtimes in which the platform cannot be accessed via the Internet due to technical or other problems which are beyond our control (e.g. force majeure, etc.).

3. Rights and obligations of the client (entrepreneur)

3.1 Registration / client profile

‍3.1.1 As soon as you are prompted to register and open a client profile, it is necessary to register as a client on the platform and thereby open a client profile in order to use the platform. The registration may only be carried out by an authorized person or representative of your business. The required data must be provided truthfully and updated immediately in the case of changes to ensure smooth usage. After your registration you will receive a confirmation of your registration via e-mail to the e-mail address you entered during the registration process. This confirmation e-mail also represents our acceptance of your offer to commence a contract of use, whereby a contract of use is drawn or commenced between us. There is no right to make a contract with us.

3.1.2 In order for fount to function smoothly, the user must use only one e-mail address, namely the one that was entered in the registration. Should you wish to change your e-mail address, please inform us by sending an e-mail to support@fount.space, stating the old one. Furthermore, if you become aware of any misuse or loss of this information or if you suspect any such misuse or loss, you agree to notify us via e-mail to support@fount.space.

3.1.3 The employee acting on behalf of the client must be authorised to represent the client. fount is entitled to demand proof of authorisation at any time at its own discretion. If the employee acting on behalf of the client or another employee of the client does not submit the requested proof of authorization to create a client profile and to post job advertisements on the platform within a period of one (1) week after receipt of the corresponding request, we are entitled to disable your profile at any time.

3.2 Use of the platform

‍3.2.1 The use of the platform, creation of your client profile and the contacting of our users/talents looking for jobs is free of charge. Only if a contract is concluded between you and one of our users/talents as a result of a successful job matching carried out by us (fount), a fee is due, which you have to pay in accordance with section 4 of these GTCs.

3.2.2 We offer you the opportunity to create a detailed client profile. Subsequently, you can formulate specific job offers or recruiting requests. The order or job offer will then be compared with user profiles within the scope of the matching process carried out by us and, in the event of a match and the user’s/talent’s contact release, we will suggest potential talents. If you are interested in working with them, you have to proactively and directly contact the users/talents and negotiate the details regarding the conclusion of the contract.

3.2.3 Your client profile will remain online as long as you or we do not deactivate it according to these GTCs. In the event of inactivity of more than three (3) months, i.e. if you do not respond to any contact from us during this period, we reserve the right to deactivate your profile. However, you can reactivate your client profile by sending an e-mail to support@fount.space. There is no right to claim the publishing of your profile.

3.3 Rules for creating profiles

‍3.3.1 You are obliged to observe all applicable laws and other legal provisions when creating your client profile. In particular, you may not post and/or disseminate any data or content, such as texts, images, graphics, recordings, productions, content or works of third parties ("client site content") and links, which violate any legal provisions, which infringe third-party property rights or copyrights or other rights of third parties. In this respect, you are responsible for the data and client content provided by you.

3.3.2 You have the opportunity to help design your profile and, for example, to post a logo of your company. By agreeing to these GTCs you assure that you are authorized to use the images sent and that the logo may be made publicly accessible and distributed, and that such logos or other files uploaded on the platform do not violate legal regulations, morality and/or the rights of third parties.

3.3.3 No files containing depictions of violence, pornography, discrimination, insults, racism, defamation or other illegal content may be uploaded and/or made publicly accessible. Furthermore, it is forbidden to upload image files on which exclusively or partially foreign companies, brands or other business signs or other protected signs are displayed, unless you are entitled to do so, i.e. you are the owner of the rights to the corresponding content or the rightful owners have allowed you to use it.

3.3.4 Both fount and you can delete or replace uploaded images and files at any time.

3.3.5 We are entitled to remove images or files without prior notice if there are any indications that the publication uploaded to the platform violates legal regulations, morality and/or the rights of third parties.

3.3.6 If you violate these rules, we are entitled to temporarily or completely disable your client profile or to exclude you from using the platform and to remove any illegal content immediately.

3.4 Indemnification

‍3.4.1 You release fount from all claims, including claims for reimbursement of expenses and damages, which other users/talents or clients of the platform, or other third parties, including authorities, assert against fount due to an infringement of their rights by the contents posted by you on the platform. Furthermore, you release fount from all claims, including claims for reimbursement of expenses and damages, which other users/talents of the platform, clients or other third parties, including authorities, assert against fount due to an infringement of their rights by the use of the platform by you. You bear all reasonable costs, including reasonable legal defense costs, incurred by fount due to an infringement of third party rights by you. All further rights and claims for damages of fount remain unaffected. You have the right to prove that we actually incurred lower costs.

3.4.2 The above obligations only apply if you are responsible for the infringement in question, i.e. if you acted knowingly or intentionally or disregarded the care required in business.

3.5 Duty of disclosure, fount's right to information, confidentiality, data processing

3.5.1 Obligation to provide information

‍In the event of a successful mediation of a contract/job by fount, you undertake to inform us immediately of all activities and services of directly or indirectly placed users/talents (contractors) and the relevant agreements and in particular to provide information on fees for such agreements. This is of importance, since we receive a fee from you for the successful completion of a job or contractual relationship according to section 4.

3.5.2 Right of information of fount

‍3.5.2.1 If, contrary to expectations, you do not comply with your aforementioned obligation to provide information as agreed or if there is any doubt in this respect, you are granted a period of grace to rectify your information. At the same time, we are entitled to contact the users/talents directly in order to obtain the information from the latter. If doubts persist thereafter, you have the right to allow an independent auditor or another person of your choice who is bound to professional secrecy to inspect your books of account, with the mandate to carry out an audit with regard to the contract/order/job relationships with our users/talent that have come into existence through our platform. Subsequently, you have to notify us of the result in writing to the extent of your duty of disclosure. In addition, you hereby grant your contractor, i.e. our user/talent, permission to disclose the invoices issued to you .

3.5.2.2 If you do not chose an auditor within two weeks, the right of choice will pass to us. If the audit shows that you have not complied with your duty to provide information, you will have to cover the costs of the audit.

3.5.3 Confidentiality

‍You are not authorized to pass on to third parties the contacts, knowledge and information about our users/talents that you have obtained through us. In particular, connecting our users/talents and third parties is prohibited. You shall compensate us for all damages incurred to us and/or our clients as a result of the transmission of agency data to third parties in breach of contract.

3.5.4 Data

‍You agree that fount may collect, process or use your personal data as far as this is necessary for the purpose of this contract, in particular for the procurement of jobs.

4. Payment

‍4.1 If, as a result of a job matching carried out by us , a contract is concluded between you and one of our users/talents ("successful job matching" or "placement"), you have to pay 10% of the contractual net amount you owe the user/talent on the basis of the contractual relationship concluded between you and him/her ("net order volume"). If the net contract volume increases due to an additional contractual agreement concluded with the user/talent after the conclusion of the contract (e.g. additional orders, contract extensions, etc.), the net contract volume owed to the user/talent after this additional contractual agreement is also subject to payment to us.

4.2 For the purpose of invoicing and subsequent bill payment, you inform us by e-mail within 14 days after conclusion of the contract or supplementary contractual agreement between you and the user/talent and to inform us of the net order volume owed to the user/talent. Furthermore, you agree to provide us, upon our request, with copies of the relevant contractual agreements (e.g. contracts, orders, approved cost estimates and invoices provided by the mediated users/talents).

4.3 Afterwards, we will send you an invoice based on the information you provided. The amount invoiced is due within 14 days.

4.4 A further claim for remuneration in favour of .fount according to clause 4.1. arises if the customer books the same talent anew within six months after the receipt of the talent's invoice for his / her first remunerated placement (independently, i.e. without renewed placement by .fount). After the time period subject to remuneration, there is no longer any obligation to remunerate independent follow-up commissions.

4.5 A separate remuneration obligation of the client in favour of .fount arises with each new placement -  also including priorly placed talents - through .fount as a separate contractual relationship.

5. Rights and duties of fount

‍5.1 We provide you the platform for the purpose of recruitment by means of a matching system of job requirements and user profiles. For this purpose fount only provides the technical environment, the form for job openings, the matching procedure and the possibility to contact our users/talent. The respective contents must be provided by you. fount is not responsible for the success of the matching, as only the existing career and search profiles are matched and the success of the matching depends on a sufficient percentage of accordance. As this is a software, which is not error-free, we cannot guarantee that a concrete contract between you and our users/talents will be concluded.

5.2 With the platform fount we merely provide a supporting system for filling vacancies or for the placement of job offers to users/talents through an online matching system. Otherwise fount is not involved in the further job assignment, application and/or recruiting process between user/talent and client. Rather, this takes place exclusively between user/talent and client. Accordingly, fount never becomes a party to a contractual relationship between user/talent and client concerning a job. In case of your interest and corresponding release of contact, we are entitled to contact the respective user/talent with regard to the job offer previously proposed by you.

6. Grant of rights

‍With regard to texts, images, graphics, recordings, productions, content or works of third parties ("client content") posted by you in your client profile or elsewhere on the platform ("client content"), you grant us the non-exclusive (simple), geographically unlimited right to use this client content on the platform for the duration and purposes of this agreement. Furthermore, you allow us to change the client content you have placed in your client profile or elsewhere on the platform for the purpose of optimising the presentation of the client profile or the platform and to use it in such a changed form (e.g. to enlarge or reduce images or to change/adapt colours).

7. Liability

‍7.1. fount is liable, unless it is a matter of breach of essential contractual obligations, only for damages caused by it and its legal representatives or one of its vicarious agents through gross negligence or intent. In case of breach of essential contractual obligations through simple negligence, fount will only be liable up to the amount of the typically foreseeable damage. Liability for unforeseeable damages is excluded.

7.2 The above limitation of liability does not apply in the case of injury to life, body or health and not for claims arising from the Product Liability Act or to the extent of a guarantee assumed by fount. The above limitation of liability applies to contractual as well as non-contractual claims.

7.3 Insofar as liability for damages not based on injury to life, body or health is not excluded for slight negligence, such claims shall become time-barred within one year beginning with the accrual of the claim.

7.4 Under no circumstance is fount liable for the factual statements contained in its contractual services regarding the contents and provisions of the client as well as for texts, images, graphics, recordings, productions, contents or works of third parties provided by the client ("client's contents"). The client bears sole responsibility for the use and exploitation of such client-side content. If claims are made against fount in this regard by third parties, the client agrees to indemnify fount from these claims upon first request.

8. Duration and termination of the contract

‍8.1 The contract for the use of the platform is concluded for an indefinite period.

8.2 You can cancel the contract at any time. To do so, write an e-mail to support@fount.space with the subject "termination". In order to identify you correctly, we ask you to provide us with the following data in this e-mail: company, the e-mail address and telephone number registered with fount. If we receive such an e-mail, we will deactivate your account.

8.3 fount may terminate the contract at any time with a notice period of one (1) month.

8.4 The right to terminate for good cause remains unaffected. Good cause for termination by us exists, in particular, if you violate fount's rights of use and/or use the platform beyond what is permitted under this agreement and fail to stop such usage behavior within a reasonable period of time despite a warning from us, or if you post legally or contractually prohibited content in your client profile and/or elsewhere on the platform.

8.5 Notice of termination must be given in text form (e.g. e-mail).

9. Final provisions

‍9.1 Should a provision in these GTCs or a provision within the framework of other agreements between you and us be or become invalid, the validity of all other provisions or agreements shall not be affected. In such a case, both parties would start an undertaking to replace an invalid or unenforceable provision by a valid or enforceable provision, which achieves the economic or artistic purpose of the invalid or unenforceable provision. The same applies in the event of a loophole requiring regulation.

9.2 The law of the Federal Republic of Germany applies.

9.3 The place of jurisdiction for all legal disputes arising from this contract is Berlin.

9.4 fount is entitled to change and adapt these GTCs during the term of the contract with effect for the future. In this case, we will send you the amended terms and conditions in writing before they come into effect or inform you in writing where you can view them (e.g. by means of a link) and clearly indicate the new regulations and the date of their coming into force. At the same time, we will grant you a reasonable period of at least four weeks to declare whether you accept the changed terms of use for the further use of the services. If you do not make a statement within this period, which begins to run from the receipt of the initial notification in writing, the changed conditions are deemed to be agreed. We will inform you separately of the legal consequences, i.e. the right of objection, the objection period and the meaning of silence. This amendment mechanism does not apply to amendments of the parties’ main contractual obligations.

Status: February 2020