General Terms and Conditions

For startups 

1. General Principles & Scope of Application
   1. For all legal transactions between Speedinvest Heroes Consulting GmbH (hereinafter referred to as “SIH”) and the customer (hereinafter referred to as “Customer”), these General Terms and Conditions, as well as the content of the signed contract, shall apply exclusively. The version valid at the time of the conclusion of the contract shall be authoritative in each case.
   2. These General Terms and Conditions shall also apply to all future contractual relationships, thus even if not expressly referred to in additional contracts.
   3. SIH operates and manages the job platform wecanbeheroes.io. Already by using the services provided on wecanbeheroes.io, the Customer agrees to the general terms and conditions. A legally binding contract is validly concluded with the registration of a user account at wecanbeheroes.io, thus by clicking on “Register”. 
   4. Conflicting General Terms and Conditions of the Customer are invalid unless they are expressly accepted by SIH in writing.
   5. In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to its meaning and economic purpose.
   6. The observance of international human rights and elementary business ethics principles is obligatory and binding for the parties. Discrimination on the basis of race, ethnic origin, gender, religion, ideology, disability, age, sexual identity, or other characteristics related to the person shall not have any influence on the cooperation. Mutual respect, professionalism, seriousness, politeness, and fairness shall characterize the internal and external behavior and appearance.
2. Services | general 
   1. SIH provides the website wecanbeheroes.io and within this website SIH offers job ads, both in form of a single job ad and subscription model, career pages with job widgets, company profiles, employer branding pages, synchronization with the ATS Recruitee, access to talent database, and social media promotion. Job ads are purchasable online, while for the other services a signed offer is necessary.
   2. SIH does not guarantee continuous access to the website due to occasional server maintenance and other services. At all times, SIH will try to minimize the service interruption and try to keep the website online when possible. 
   3. Services | job ad 
      1. Job Ad are job advertisements that are displayed and marketed on wecanbeheroes.io and on other partner job platforms of SIH.
      2. SIH offers the placement/publication of Job Ads on the platform wecanbeheroes.io. By concluding a Job Ad contract, by means of registering and publishing a job on wecanbeheroes.io, the Customer can display the advertisement to be created by him/herself on wecanbeheroes.io and various partner sites.
      3. SIH is not responsible for the content of a job advertisement (texts, images, logos, trademarks). An examination of the job advertisement for possible infringements and/or impairment of third-party rights is not carried out by SIH. SIH is not liable for the completeness, correctness, and up-to-dateness of the information and documents submitted by Customers or candidates. Exclusively the Customer is responsible for the content, thus the used texts and image files. The Customer undertakes to fully indemnify and hold SIH harmless in the event of claims by third parties arising in connection with the publication of the job advertisement. If protected trademark rights are used in connection with the publication of the job advertisement, the Customer grants SIH permission for the use upon conclusion of the contract and furthermore assures that he is actually entitled to grant the permission.
      4. SIH is entitled but not obligated to publish or insert the job advertisement published by the Customers on other platforms of SIH as well as within the scope of platforms associated with partnerships.
      5. SIH is not responsible for links on its website, which were made by Customers and enable access to other websites. SIH is therefore only liable for its own content on its website. Links with illegal content will be removed immediately upon SIH becoming aware of them.
   4. Services | company profile 
      1. Company profiles are professional introductions to inform the users visiting wecanbeheroes.io and on other partner job platforms of SIH.
      2. SIH offers the publication of Company Profiles on the platform wecanbeheroes.io. The creation of a company profile is necessary for the publication of job ads. 
      3. SIH is not responsible for the content of the company profile (texts, images, logos, trademarks). An examination of the company profile for possible infringements and/or impairment of third-party rights is not carried out by SIH. SIH is not liable for the completeness, correctness, and up-to-dateness of the information and documents submitted by Customers. Exclusively the Customer is responsible for the content, thus the used texts and image files. The Customer undertakes to fully indemnify and hold SIH harmless in the event of claims by third parties arising in connection with the publication of the job advertisement. If protected trademark rights are used in connection with the publication of the company profile, the Customer grants SIH permission for the use upon conclusion of the contract and furthermore assures that he is actually entitled to grant the permission.
      4. SIH is entitled but not obligated to publish or insert the company profile published by the Customer on other platforms of SIH as well as within the scope of platforms associated with partnerships.
      5. SIH is not responsible for links on its website, which were made by Customers and enable access to other websites. SIH is therefore only liable for its own content on its website. Links with illegal content will be removed immediately upon SIH becoming aware of them.
   5. Services | Employer Branding pages
      1. Customers also have the possibility to publish an employer branding page on www.wecanbeheroes.io/media. For this purpose, only the input fields and the framework are provided by SIH.
      2. Against booking of the Employer Branding pages, SIH takes over the individual creation of the company profile. Hereby, the Customer is obliged to provide the required text and image files and to cooperate in the creation. If protected trademark and/or image rights are used in the creation of the Employer Branding pages, the Customer grants SIH permission for use upon conclusion of the contract and further assures that he is actually entitled to grant the permission.
      3. ​​​Videos and photos created by SIH, for the Employer Branding pages, shall always remain the property of SIH, a transfer to the Customer is excluded. SIH grants the Customer the right to use these files in accordance with a right of use to be agreed upon in an individual contract. The author of all files produced by SIH is and remains SIH and therefore also the holder of all exploitation and usage rights. SIH uses the produced files internally as an example or sample towards other Customers. Consent to internal use shall be deemed to have been given unless there is an express and written objection by the Customer.
      4. SIH is not responsible for the content of the company profile (texts, images, logos, trademarks). An examination for possible infringements and/or impairment of third-party rights is not carried out by SIH. SIH is not liable for the completeness, correctness, and topicality of the information, image files, and documents transmitted by the Customer or his employees. Exclusively the Customer is responsible for the content, thus for the used texts and image files. The Customer undertakes to fully indemnify and hold harmless SIH in case of claims of third parties arising in connection with the publication of the company profile.
3. Payment Methods & Credits
   1. SIH offers the following payment methods on its job platform: payment by credit card, by bank transfer, payment by Paypal as well as payment by cryptocurrency within a Crypto Wallet provided by Bitpanda.
   2. The wecanbeheroes.io service Job Ads can be purchased directly on the website or by contract. For the other services, a signed offer is necessary.
   3. ​​​Videos and photos created by SIH, for the Employer Branding pages, shall always remain the property of SIH, a transfer to the Customer is excluded. SIH grants the Customer the right to use these files in accordance with a right of use to be agreed upon in an individual contract. The author of all files produced by SIH is and remains SIH and therefore also the holder of all exploitation and usage rights. SIH uses the produced files internally as an example or sample towards other Customers. Consent to internal use shall be deemed to have been given unless there is an express and written objection by the Customer.
   4. In addition, the refund/reversal of subscriptions and other services is also excluded. Unless otherwise agreed, the minimum term of a subscription is one year. Cancellation must be made in writing and received by SIH three months before the end of the agreed term.  If the subscription is not canceled in time, this contract will be extended for another year. 
   5. SIH is entitled to send invoices to the Customers also in electronic form. The Customer expressly agrees to receive invoices in electronic form by SIH.
4. Protection of Intellectual Property
   1. All information published by SIH (text and image files) is subject to the copyright of SIH. Excluded from this are exclusively those taken over for publication by the Customer himself or by a third party working for him.
   2. The Customer’s violation of these provisions entitles SIH to immediately terminate the contractual relationship prematurely and to assert other legal claims, in particular for injunctive relief and/or damages.
   3. The Customer grants SIH the use of the company name and logo as a Customer reference and agrees to the publication unless the Customer objects in writing.
5. Warranty
   1. SIH does not guarantee the correctness and completeness of the data provided by Customers and candidates in its services.
   2. SIH undertakes everything technically possible to provide the services of the wecanbeheroes.io platform continuously, however, a 100% availability cannot be guaranteed due to external influences that cannot be influenced.
   3. SIH is entitled and obligated, regardless of fault, to correct any inaccuracies and defects in its services that become known. SIH will inform the Customer immediately.
6. Liability / Compensation
   1. SIH shall be liable to the Customer for damages only in case of gross negligence (intent or gross negligence). This shall apply mutatis mutandis also to damages attributable to third parties engaged by SIH. 
   2. Claims for damages can only be asserted in court within six months after knowledge of the damage and damaging party, but at the latest within three years after the event giving rise to the claim. 
   3. The Customer has to prove in each case that the damage is due to the fault of SIH.
   4. Insofar as SIH performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, SIH shall assign these claims to the Customer. In this case, the Customer shall give priority to these third parties.
   5. SIH assumes no liability for the correctness, completeness or up-to-dateness of the documents or information received from the Applicants and forwarded to the Customer. The pre-selection of persons proposed to the Customer will be made on the basis of the data and information provided by the persons. 
   6. SIH is not liable for the correctness of the content of published advertisements based on the information provided by the Customer. The Customer assures that the information provided does not violate any legal provisions nor does it establish any rights of third parties.
   7. Should SIH be held liable by the Customer due to such contractual or legal violations, the Customer is obligated to indemnify and hold SIH harmless. 
   8. A pre-selection made by SIH does not replace a detailed examination of the applicants by the Customer. SIH does not assume any liability for the execution of the work of applicants nor for statements or actions made by applicants. When signing an employment contract with applicants proposed by SIH, the Customer assumes full responsibility for his selection.
7. Secrecy / Data Protection
   1. SIH undertakes to maintain absolute secrecy about all business matters coming to its knowledge, in particular business and trade secrets as well as any information it receives about the nature, scope of operation and practical activities of the Customer.
   2. The parties undertake not to use or disclose any information obtained within the scope of the order. This also includes unauthorized third parties or employees, unless the disclosure or use of such information is necessary for the fulfillment of the contractual obligations. In particular, all business, financial or technical information or data of the parties shall be deemed confidential.
   3. SIH undertakes to treat all information and documents received and made available to it as strictly confidential and to use them only if it serves the purpose of the order. Parallel to this, the Customer undertakes to treat the information received from the candidates as strictly confidential and to make it accessible only to the closest circle of the employees concerned. The Customer may not contact candidates or their current and former employers without prior coordination with SIH.
   4. Furthermore, SIH undertakes to maintain secrecy towards third parties about the entire content of the work as well as all information and circumstances which it has received in connection with the creation of the work, in particular also about the data of Customer of the Customer.
   5. SIH shall be released from the duty of confidentiality towards any assistants and substitutes it uses. However, SIH shall fully transfer the duty of confidentiality to these persons and shall be liable for their violation of the duty of confidentiality as for its own violation.
   6. The duty of confidentiality shall extend indefinitely beyond the end of this contractual relationship. Exceptions exist in the case of legally provided obligations to testify.
   7. SIH is entitled to process personal data entrusted to it within the scope of the purpose of the contractual relationship. The Customer warrants to SIH that all necessary measures have been taken for this purpose, in particular those in the sense of the Data Protection Act, such as declarations of the consent of the persons concerned.
8. Final Provisions
   1. The contracting parties confirm that they have made all statements in the contract conscientiously and truthfully and undertake to notify each other immediately of any changes.
   2. Amendments to the contract and this GTC must be made in writing, as must any waiver of this formal requirement. Verbal collateral agreements do not exist.
   3. This contract shall be governed by Austrian substantive law, excluding the conflict of laws rules of private international law, and the UN Convention on Contracts for the International Sale of Goods. The court at the registered office of SIH shall be responsible for disputes. 
   4. In case of disputes arising from this contract which cannot be settled amicably, the contracting parties agree by mutual consent to involve registered mediators (ZivMediatG) specializing in business mediation from the list of the Ministry of Justice for the out-of-court settlement of the conflict. If no agreement can be reached on the selection of business mediators or on the content of the dispute, legal action shall be taken at the earliest one month after the failure of the negotiations.
   5. In the event of a mediation that has not been concluded or which has been terminated, Austrian law shall apply in any legal proceedings which may be instituted. All necessary expenses incurred due to a previous mediation, in particular also those for consulted legal advisors, can be claimed as “pre-litigation costs” in court or arbitration proceedings as agreed.
      
      

For Applicants

1. General Principles & Scope of Application
   1. For all legal transactions between Speedinvest Heroes Consulting GmbH (hereinafter referred to as “SIH”) and the consumer (hereinafter referred to as “Applicant”), these General Terms and Conditions “Applicant” shall apply exclusively and regulate the mutual rights and obligations of the Applicant. The version valid at the time of the conclusion of the contract shall be authoritative in each case.
   2. In the event that individual determinations of these General Terms and Conditions are amended, SIH shall notify the Applicant thereof in writing. Upon expiry of 2 months from the written notification, the amended provisions shall become legally valid for the entire business relationship. The Applicant shall have the right to object, which must be exercised in writing before the expiry of the 2-month period.
   3. The notification of any amendments shall contain a reference to the legal consequence that failure to make an objection within 2 months of receipt of the notification shall be equivalent to consent to the amendment. The requirement of a written form is fulfilled both with regard to the applicant’s notification and with regard to the applicant’s corresponding declaration of objection by e-mail.
      
      
2. Registration / Candidate Profile
   1. Potential candidates have the opportunity to create a personalized applicant profile on wecanbeheroes.io. 
   2. Registration and use of the job platform are free of charge for applicants and are aimed exclusively at persons over the age of 15.
   3. Registration takes place by entering an e-mail address and filling in the applicant profile. In doing so, the applicant is responsible for the disclosure of his/her data and undertakes to provide only truthful data. The applicant is also obliged to keep the password secret, which can be changed at any time in the applicant profile.
   4. By completing the registration, the applicant fully and expressly agrees to the use, processing, and forwarding of personal data by SIH and potential partners of SIH.
   5. Even in the case of an application to wecanbeheroes.io without registration, the applicant fully consents to the use, processing, and forwarding of the data provided. In any case, the consent is deemed granted when the applicant clicks on “Apply now”.
   6. All information and data disclosed on wecanbeheroes.io will be automatically forwarded to external partners of SIH, managed and processed. More detailed information on this can be found in the Privacy Policy included. By registering or clicking on “apply”, the applicant also fully and explicitly agrees to the forwarding, administration and processing of the data by external third parties.
   7. By creating a profile, applicants are asked to set their profile either visible or invisible. If the profile is visible, companies registered on the platform can view candidates’ data such as career history and educational experience. Companies can thus filter suitable candidates themselves and ask to contact them directly. The applicant also expressly agrees to this procedure by registering or by clicking on “register” and setting the profile to visible.
   8. SIH has the right to check applicant profiles at any time, to delete unsuitable content and/or to block the applicant for an indefinite period.
   9. The applicant is entitled to delete his/her account at any time. 
   10. The applicant agrees that he/she may be contacted by SIH regarding all products and services for applicants by e-mail or other means of communication, e.g. on social media or by means of newsletters. The applicant is entitled to revoke this consent at any time and without justification by informing SIH in written form at the email address email. 
   11. The applicant is prohibited from entering false, misleading, or otherwise illegal information. Conduct that violates or intends to violate network or system security is prohibited and will be prosecuted under civil and criminal law. In any case, SIH has the right to delete such files.
       
       
3. Warranty / Liability
   1. SIH guarantees that the information/job advertisement requested by the applicant is prepared and published in accordance with the usual, current technical standard. The applicant acknowledges that, according to the state of the art, it is not possible to create a completely error-free program. Errors in the presentation of the requested information shall not be deemed to exist if this is caused by the use of unsuitable presentation software and hardware by the applicant and/or failures in the communication network.
   2. SIH shall only be liable in case of intent or gross negligence. Excluded from this is the liability for personal injury. Maintenance work, updates or similar work will be carried out by SIH if possible in such a way that no downtimes of use occur or that these are kept as short as possible. As far as possible, these will be announced on the website. In case of interruptions, claims against SIH cannot be made, unless the interruptions were caused intentionally or by gross negligence of SIH.
   3. This contract shall be governed by Austrian substantive law, excluding the conflict of law rules of private international law. The court at the place of business of SIH shall be responsible for disputes.