recruiting.ki - KI-Recruiting für Agenturen & Unternehmen

Section 1 -- Definitions

Within the scope of the following contractual document, all personal designations refer to all genders and the associated linguistic forms, in particular diverse, female, male. Every personal designation is to be understood with the addition "(m/f/d)". The following definitions also apply:

CUSTOMER. This is any natural or legal person, partnership, authority, territorial body, corporation, institution or foundation under public law or other organization that is not a consumer and that commissions AI SCALING with the provision of Recruiting.KI by accepting an offer addressed to them or by other means.
AI SCALING. This is AI SCALING LTD, Georgiou Karaiskaki 11-13, Flat/Office 102, Larnaca 7560, Cyprus.
Recruiting.KI. This is a cloud-based SaaS service (hereinafter also "Platform") that AI SCALING provides to the CUSTOMER via the internet. The CUSTOMER alone decides on the scope of use. The details of the functions usable with Recruiting.KI result from Section 3 of these General Terms and Conditions, the offer and the price list.
Contract. This is the entirety of the offer that the CUSTOMER has accepted, these General Terms and Conditions, the price list as well as the respective agreed service descriptions.
Platform. Platform refers to the system Recruiting.KI accessible via the internet, including the respective agreed modules, interfaces and administration areas.
Applicant. An applicant is any natural person whose data the CUSTOMER processes via the Platform within the scope of their recruiting processes, in particular persons who apply to job advertisements of the CUSTOMER or communicate with the AI recruiter or voice agent.
Scorecards. These are automatically created evaluations and assessments of applicant data based on the CUSTOMER's specifications, in particular in the form of summarizing assessments based on predefined criteria and scoring algorithms.
Tokens. Tokens are usage-dependent units with which the CUSTOMER makes use of certain functions of the Platform. Details on the number, consumption and remuneration of the tokens result from the price list or an individual offer.
Users. These are natural persons whom the CUSTOMER authorizes to use the Platform within their area of responsibility (e.g. administrators, recruiters, dispatchers, hiring managers). The CUSTOMER bears responsibility for the selection, authorization and supervision of their users.
Subcontractors. These are third-party providers whose services AI SCALING integrates into the Platform or to whom AI SCALING transfers tasks in connection with the provision of Recruiting.KI (e.g. hosting providers, communication service providers, AI or transcription services). The respective subcontractors used are specified in more detail in the data processing agreement.
Confidential Information. This is all non-publicly known information, documents and data of the parties that becomes known within the scope of the cooperation, in particular trade secrets, conditions, process descriptions, technical specifications and personal data, insofar as they fall under Section 2 No. 1 GeschGehG (German Trade Secrets Act).
AI/Artificial Intelligence. Artificial intelligence refers to the ability of a system to perform tasks that normally require human intelligence. This includes, among other things, recognizing patterns, making decisions, learning new information and adapting to new situations. AI uses algorithms and statistical models to analyze information and draw conclusions from it.
AI System. This is a software-based system that performs tasks autonomously or semi-autonomously with the help of algorithms.
AI Model. An AI model is a mathematical or algorithmic system that has been trained through machine learning to fulfill specific tasks. It is based on datasets in order to recognize patterns, make predictions, support decisions or perform other automated functions. AI models can appear in various forms, including neural networks, decision trees or statistical algorithms, and are generally used to efficiently solve data-based problems.
LLM/Large Language Models. Large language models are a specialized form of AI models that are trained to understand and generate natural-language texts. They are often based on deep neural networks and use vast amounts of text data to develop their language capabilities. LLMs can perform tasks such as text completion, translation, conversation or style analysis. These models are capable of producing human-sounding texts and giving context-related answers, which makes them particularly useful in applications such as chatbots, virtual assistants and content creation tools.

Section 2 -- Subject Matter of the Contract, Description of Services

(1) The subject matter of the contract results from the agreed contract (cf. definition in Section 1 of these General Terms and Conditions). AI SCALING provides the CUSTOMER with the Recruiting.KI platform within the scope of this contract in accordance with the following provisions.

(2) AI SCALING operates Recruiting.KI as a cloud-based SaaS platform. During the contract term, the CUSTOMER receives the technical possibility and authorization to use the functions of the Platform agreed in the contract via the internet. Depending on the booked or agreed service, this may include in particular:

the creation, editing and management of job advertisements and other recruiting content with the help of AI-powered assistants as well as their publication via connected advertising and social media services, whereby AI SCALING does not provide any accounts with these advertising and social media services, but at most and insofar as technically possible uses existing accounts of the CUSTOMER via an interface.
the setup and use of digital recruiting funnels, including application pages, forms (with or without CV upload), subdomains and redirects, as well as their connection with accounts of the CUSTOMER at third parties (e.g. Meta advertising accounts, e-mail servers, calendar services).
the use of AI-powered interview and voice agents ("AI recruiter") that conduct initial conversations with applicants via telephone, voice technology or other communication channels (e.g. WhatsApp) and collect the information specified by the CUSTOMER.
the automated capture, pre-qualification and evaluation of applicant data as well as the presentation of the results in the form of applicant profiles, scorecards, overviews and statistics in the Platform, whereby AI SCALING owes neither a selection process nor any decisive control of the selection process; the selection decision lies exclusively with the CUSTOMER. The provisions in Section 8 remain unaffected.
the configuration and use of communication and automation functions (e.g. confirmation e-mails, reminders, document-related queries as well as automated messages via connected third-party providers).
the use of additional modules, such as agency dashboards for multi-client structures, role and rights management for users as well as integrations with further third-party services, insofar as these modules are listed in the offer, in the price list or in a separate service description and are activated for the CUSTOMER.

(3) The specific scope of services (in particular available modules, functions, user contingents, communication channels, integrations and computing capacities) is governed by the respective offer, the selected subscription, the token contingent and the price list applicable at the time of conclusion of the contract. AI SCALING is entitled to further develop the Platform to a reasonable extent, to change functions or to replace them with functionally equivalent functions, provided that the contractually owed main service is not significantly impaired thereby.

(4) Unless otherwise stipulated in the contract, AI SCALING owes exclusively the provision of the Platform and its functions as well as the associated technical connections. In particular, AI SCALING does not owe:

a specific economic success, for instance a certain number of applications, hires or campaign results;
that job advertisements, advertising campaigns, funnels, texts or images are created, reviewed or post-processed by humans;
legal advice, in particular no advice on the labor, competition, copyright or data protection law admissibility of the use of the Platform, the generated content or the processes configured by the CUSTOMER. The CUSTOMER verifies at their own expense and responsibility whether and how they use the work results in a legally permissible manner;
decisions on the fate of applications. AI SCALING merely provides summaries, transcripts, evaluations and scorecards. The selection decision remains exclusively with the CUSTOMER;
a proactive updating of work results created for the CUSTOMER (e.g. job advertisements, texts, campaigns), unless this is expressly agreed.

(5) AI-powered functions of the Platform are based on AI systems and AI models that are respectively provided by AI SCALING or by subcontractors. AI SCALING is entitled, within the scope of what is technically reasonable and taking into account the legitimate interests of the CUSTOMER and the contractual agreements, to exchange, adapt or update individual AI models, provided that the contractually owed functionality is essentially maintained thereby. The provisions of a corresponding data processing agreement remain unaffected.

Section 3 -- Conclusion of Contract

(1) The contract is concluded between the CUSTOMER and AI SCALING as soon as at least one of the following conditions is met:

the CUSTOMER accepts an offer prepared by AI SCALING that refers to these General Terms and Conditions, at least in text form or by electronic confirmation (e.g. clicking a button, digital signature); or
the CUSTOMER, within the scope of an online ordering or registration process, provides their billing address as well as further information required for the performance of the contract, accepts these General Terms and Conditions by activating a corresponding checkbox and AI SCALING confirms the order in text form; or
both parties sign a contractual document that refers to these General Terms and Conditions.

(2) The parties agree that at least the following process leads to an effective conclusion of contract, whereby the contract may also be concluded in another way, provided that the conditions under paragraph 1 are met:

The CUSTOMER first participates in a demo or consultation meeting in which the Platform, the available modules and subscription models are explained to them.
On this basis, AI SCALING submits an offer to the CUSTOMER that in particular specifies the selected scope of services (modules, user contingents, integrations), the subscription model, any minimum terms, token contingents as well as the remuneration.
The CUSTOMER accepts the offer in accordance with paragraph 1. Upon receipt of the declaration of acceptance by AI SCALING, the contract has been concluded. Insofar as AI SCALING provides the CUSTOMER with access data to the Platform or technically unlocks access, this is done in fulfillment of the already concluded contract.

Section 4 -- Remuneration, Tokens, Subscription

(1) The fulfillment of the order is a paid service. The remuneration owed by the CUSTOMER results from the offer that the CUSTOMER accepts and the price list applicable at the time of conclusion of the contract, hence from the entirety of the agreed contract. The amounts stated in the offer and price list are understood as net amounts; any applicable VAT is charged in addition.

(2) The use of the Platform is based -- unless otherwise stipulated in the offer -- on a token system. The offer or the price list determine in particular

the token contingent included in the subscription or additionally bookable in each case,
for which functions and to what extent tokens are consumed (e.g. running campaigns, use of AI recruiters, transcription of conversations, generation of content),
the prices for additional tokens or usage-dependent components.

(3) Within the scope of the conclusion of contract, the CUSTOMER selects a subscription model (e.g. monthly packages, Enterprise). The subscription entitles the CUSTOMER to use the services provided in the respective model (in particular token contingents, modules, user contingents and integrations) during the respective billing period. Details on the term, renewal and termination of the subscription result from the offer and the price list.

(4) Unless otherwise stipulated in the offer, the billing period begins with the start of service designated in the offer. The subscription may be terminated after the expiry of any agreed minimum term at any time with effect at the end of the current billing period. The CUSTOMER has a corresponding cancellation tool available in the user area of the Platform for this purpose.

(5) Unused tokens expire at the end of the respective billing period, unless otherwise stipulated in the offer or in the price list. A refund or credit for unused tokens is only made if this has been expressly agreed.

(6) Payment processing is carried out via one or more payment service providers selected by AI SCALING. The CUSTOMER authorizes AI SCALING and the respective payment service provider to collect the agreed remuneration by means of the payment method specified in the ordering process (e.g. SEPA direct debit, credit card, online payment service). AI SCALING may offer the CUSTOMER additional payment methods; there is no entitlement to specific payment methods.

(7) AI SCALING is entitled to adjust the price list for future billing periods. Price increases are communicated to the CUSTOMER at least in text form with a reasonable period before the beginning of the following billing period. If the CUSTOMER does not object to the price increase by the beginning of the next billing period or continues to use the Platform, the changed prices are deemed agreed. In the event of a timely objection, AI SCALING is entitled to terminate the contract with effect at the end of the current billing period. Statutory special termination rights remain unaffected.

(8) If the CUSTOMER is in default with due payments, AI SCALING is entitled, after an unsuccessful reminder and under threat with a reasonable deadline, to block the CUSTOMER's access to the Platform in whole or in part until the default is remedied. The CUSTOMER's obligation to pay remuneration remains unaffected during such a block, unless AI SCALING is responsible for the block.

Section 5 -- Liability, Limitation of Liability, Statute of Limitations

(1) AI SCALING is liable to the CUSTOMER for damages arising in connection with the agreed service exclusively in accordance with the following provisions. All other liability is excluded.

(2) AI SCALING is liable without limitation

in cases of intent or gross negligence,
within the scope of a guarantee expressly assumed by AI SCALING,
for damages arising from injury to life, body or health,
under the provisions of the Product Liability Act.

(3) In the case of simple (minor) negligent breach of a material contractual obligation ("cardinal obligation"), AI SCALING is only liable for the contract-typical damage reasonably foreseeable at the conclusion of the contract. Cardinal obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the CUSTOMER regularly relies and may rely.

(4) In cases of simple (minor) negligence, AI SCALING is not liable for indirect or unforeseeable damages and not for consequential damages, in particular not for pure financial loss, lost profits, loss of production, business interruption, loss of use or diminution of goodwill. Furthermore, liability in these cases is limited in amount to the sum corresponding to the remuneration for the contractually agreed service for one contractual year.

(5) For temporary disruptions, restrictions or interruptions of the availability of the Platform that

are attributable to circumstances not the responsibility of AI SCALING (e.g. disruptions of communication networks, failures of data centers or third-party providers, force majeure), or
are due to necessary maintenance work, updates or security measures,

AI SCALING is liable only in accordance with paragraphs 2 to 4 and insofar as the impairment violates a cardinal obligation.

(6) AI SCALING is not liable for damages that are based solely on the fact that the CUSTOMER

uses the Platform contrary to the contractual agreements, the technical specifications or the documented interfaces,
uses the content generated by the Platform or by AI systems without their own substantive and legal review, although according to the contract such a review lies within their responsibility, or
configures integrations to third-party providers (e.g. social media platforms, communication services) in a manner that violates their terms of use or applicable law.

Statutory contributory-negligence provisions remain unaffected.

(7) The foregoing limitations of liability apply mutatis mutandis to the personal liability of the bodies, legal representatives, employees and vicarious agents of AI SCALING as well as to subcontractors used by AI SCALING.

(8) Insofar as legally permissible, claims of the CUSTOMER due to simple negligence become time-barred within one year from the statutory commencement of the limitation period. This does not apply to claims under paragraph 2 and not to claims arising from injury to life, body or health.

Section 6 -- Obligations of the CUSTOMER, Indemnification of AI SCALING

(1) The CUSTOMER continuously, independently and at their own expense ensures that they meet the legal, organizational and technical prerequisites to lawfully use the Recruiting.KI platform. This includes in particular that the CUSTOMER complies with all applicable statutory provisions (in particular labor, data protection, competition, copyright and anti-discrimination law) as well as the contractual agreements with AI SCALING and with third parties.

(2) The CUSTOMER is responsible for ensuring that all content, data and materials that they or their users introduce into the Platform or process via it (e.g. texts, images, logos, videos, documents, question catalogs, evaluation criteria) are free of third-party rights or that the CUSTOMER has the necessary usage rights. The CUSTOMER verifies this independently before uploading, using or having such content processed by the Platform.

(3) The CUSTOMER defines the substantive specifications for the use of AI functions of the Platform (in particular criteria, question catalogs, scorecards and decision rules) independently and internally for themselves. They ensure that the use of the Platform and the AI functions takes place on the basis of appropriate internal guidelines and processes that are intended to avoid discrimination, impermissible BIAS effects and other unlawful results. The CUSTOMER reviews the content and evaluations generated by the Platform before their use in legally relevant decisions (in particular within the scope of selection and hiring decisions) for plausibility, lawfulness and compatibility with their internal specifications.

(4) The CUSTOMER ensures that only such persons access the Platform as users as they have authorized to do so, and that these users are aware of the relevant legal, organizational and technical specifications (including any internal prompt guidelines, compliance specifications and data protection guidelines). The CUSTOMER ensures that their users have the competence required for the respective area of application in dealing with AI systems and the functions of the Platform or are trained accordingly.

(5) Before using the Platform, the CUSTOMER fulfills all information and consent obligations incumbent upon them under the GDPR and other applicable data protection regulations towards applicants, employees and other data subjects. They ensure in particular that a suitable legal basis (e.g. consent, contract performance, legitimate interest) exists for the processing of personal data and its transmission to AI SCALING as well as to the subcontractors designated in the data processing agreement.

(6) The CUSTOMER takes, independently and at their own expense, appropriate technical and organizational measures to secure the access they use to the Platform (e.g. user management, password protection, two-factor authentication, rights concepts) and to secure their own IT systems via which the Platform is accessed.

(7) The CUSTOMER also continuously, independently and at their own expense ensures that AI SCALING may use the insights from the respective work results for further projects, naturally without using trade secrets of the CUSTOMER and without personal data for whose processing the CUSTOMER is responsible. The CUSTOMER in particular informs the data subjects of this and establishes a corresponding basis of permission under Article 6 GDPR, insofar as this is necessary.

(8) The CUSTOMER reviews the work results provided by the Platform (e.g. job advertisements, texts, campaigns, funnel settings, scorecards, reports) before their use for accuracy, completeness and suitability for the intended purpose. Recommendations and evaluations of the Platform do not replace independent review and decision by the CUSTOMER.

(9) Should third parties make claims against AI SCALING because

the CUSTOMER has breached their obligations under this Section 6 or other contractual obligations, or
unlawful or insufficiently legally reviewed content is processed or allowed to be used via the Platform, or
they have used AI SCALING's service results unlawfully, or
because they have used integrations to third-party providers in a manner that violates their terms of use or applicable law,

the obligations under sentence 2 apply to them.

In the case of sentence 1, the CUSTOMER is obligated to,

indemnify AI SCALING against all third-party claims upon first request,
reimburse AI SCALING for all expenses and other costs arising therefrom (including reasonable costs of legal prosecution and legal defense),
provide AI SCALING upon request with a reasonable advance payment for the anticipated costs, and
make available to AI SCALING all information and documents known to them and required for the legal defense, completely and truthfully.

Insofar as the CUSTOMER is not responsible for the claim, the obligations under sentence 2 shall not apply.

(10) The implementation of recommendations or notices that the CUSTOMER receives within the scope of consulting, support or onboarding from AI SCALING is voluntary and at the CUSTOMER's own responsibility; there is no obligation to implement.

Section 7 -- Subcontractors, Third-Party Providers, Data Protection

(1) AI SCALING is entitled to commission subcontractors for the fulfillment of the contractually owed services.

(2) Insofar as these subcontractors process personal data on instructions and on behalf of AI SCALING, the following applies additionally: AI SCALING is entitled to make use of the subcontractors designated in the data processing agreement. The CUSTOMER agrees to the use of these subcontractors, insofar as they are named in the data processing agreement or its appendices. Changes and additions to the subcontractors are made in accordance with the data processing agreement.

(3) The Platform may provide for the integration and use of third-party services (e.g. social media platforms, communication services, payment service providers, AI or voice technology providers). Insofar as the CUSTOMER links their own accounts or access at such third-party providers with the Platform, the legal relationship to these third-party providers is established exclusively between the CUSTOMER and the respective third-party provider. AI SCALING merely provides the CUSTOMER with the technical interfaces, insofar as this is part of the contractually agreed scope of services.

(4) The CUSTOMER is obligated to comply with the contractual terms and usage guidelines applicable to the use of the respective third-party provider services and to ensure that their users also observe these. AI SCALING is not liable for service restrictions or disruptions that are based on a breach of these conditions by the CUSTOMER or on a change, restriction or discontinuation of the services of the third-party provider; Section 5 remains unaffected.

(5) The processing of personal data by AI SCALING on behalf of the CUSTOMER is governed in detail by the data processing agreement concluded between the parties. In the relationship between the parties, in the event of contradictions between these General Terms and Conditions and the data processing agreement, the provisions of the data processing agreement shall prevail with regard to the data processing.

(6) Notwithstanding the provisions in the data processing agreement, the CUSTOMER remains the controller in the data protection sense for the processing of personal data in connection with the use of the Platform. They in particular fulfill the information, documentation and proof obligations incumbent upon them towards applicants, employees and other data subjects and ensure that a suitable legal basis exists for the data processing as well as for the use of the Platform and the integrated third-party providers; Section 6 remains unaffected.

Section 8 -- Transparency Regarding AI Use, Data Processing, Scorecards

(1) The CUSTOMER is informed that the evaluation of applicant interviews, form entries and other applicant data via the Platform is carried out wholly or partially automatically on the basis of AI algorithms and predefined criteria. This includes in particular the creation of scorecards, evaluations, summaries and reports. The responsibility for establishing these criteria, question catalogs and evaluation logics lies solely with the CUSTOMER.

(2) AI SCALING does not offer any independent substantive review or post-processing of the automatically generated evaluation results, scorecards or recommendations by natural persons. The results generated by the Platform serve exclusively as support in the recruiting process and do not replace independent review and decision by the CUSTOMER.

(3) The CUSTOMER ensures that a final selection or hiring decision regarding applicants is not made exclusively automatically by the Platform or by AI systems, but is always subject to an appropriate human review and decision. The CUSTOMER reviews the automated evaluations and scorecards before their use within the scope of selection or hiring decisions for plausibility, lawfulness and compatibility with their internal guidelines; Sections 5 and 6 remain unaffected.

(4) The CUSTOMER is obligated to inform applicants and other data subjects in a transparent and legally permissible manner

that within the scope of the recruiting process AI-powered systems may be used for the capture, evaluation and pre-qualification of applications,
to what extent automated evaluations (e.g. scorecards) take place, and
that a final decision on the fate of the application is made by natural persons.

The concrete design of this information and its integration into the CUSTOMER's processes take place at the CUSTOMER's own responsibility; Section 7 para. 6 remains unaffected.

Section 9 -- Reference Naming

(1) AI SCALING is entitled to name the CUSTOMER as a reference and, for this purpose, to use the name as well as the logo of the CUSTOMER in a factual and truthful manner for its own marketing and sales purposes, in particular on the website, in presentations and information materials.

(2) A reference naming only takes place insofar as a business relationship between AI SCALING and the CUSTOMER actually exists or existed and no overriding legitimate interests of the CUSTOMER stand in the way, in particular no confidentiality interests or contractual confidentiality obligations are violated.

(3) The CUSTOMER may object to the use of their name and logo as a reference at any time with effect for the future in text form. AI SCALING will cease the reference naming in this case within a reasonable period, insofar as this is technically and economically feasible; print materials already produced may be used until they are completely used up.

Section 10 -- Final Provisions

(1) Exclusively these General Terms and Conditions apply. Conflicting, deviating or supplementary General Terms and Conditions of the CUSTOMER do not apply, even if AI SCALING does not expressly object to them and the CUSTOMER refers to them.

(2) The assignment of rights under this contract by the CUSTOMER requires the prior written consent of AI SCALING. This does not apply to the assignment of payment claims.

(3) Amendments or supplements to this contract require text form to be effective, unless a stricter form is prescribed by law. This also applies to an amendment of this text form requirement.

(4) This contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980).

(5) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract, including its validity, is the registered office of AI SCALING.

(6) Should any provision of these General Terms and Conditions be wholly or partially invalid or unenforceable or become so, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall take the place of invalid or unenforceable provisions.

General Terms and Conditions for Recruiting.KI