Terms and Conditions

General Terms and Conditions for the Use of the Portal projektmarkt.com

As of 11. August 2026

The following general terms and conditions are concluded between

Consetto GmbH
An der Stadtkirche 6
64283 Darmstadt
Germany
(hereinafter referred “Provider”)

and

the user of the online portal projektmarkt.com
(hereinafter referred to as “User” or “Client”)

§ 1 Subject of the Agreement

(1) The subject of the agreement is the provision of the portal projektmarkt.com by the Provider for the Client’s use via a remote data connection. Projectmarkt.com is an online portal facilitating access to job opportunities for freelancers and IT experts. The portal provides Users with the possibility to tender projects and create user profiles. Additionally, user communication using electronic messages is facilitated.
(2) The Provider continuously develops the portal’s underlying software. Within the frame of the development, errors are corrected and new features are added. Unless specifically agreed upon, the Client is not entitled to new features. It is within the Provider’s rights to add additional functionality to the software.

§ 2 Right to Register

(1) Using the portal requires a registration. Users are not entitled to use the portal. The Provider has the right to reject registration requests without providing a reason.
(2) The Client is only permitted to register if they are of age and not limited in their legal capacity. Minors are prohibited from registering. Legal entities can only register through a natural person that is not limited in their legal capacity and authorized for representation.

§ 3 Registering on the Portal

(1) Contact information and other information requested by the Provider during the registration process must be provided fully and accurately by the Client.
(2) After the Client has provided all requested data, the Provider reviews whether the information is complete and plausible. If the information is correct and no other concerns exist from the Provider’s perspective, the Provider activates the requested access and informs the corresponding Client via email. This email is also considered to be the acceptance of the use request. Upon receipt of the email the Client has the right to use the software within the framework of these general terms and conditions. To agree to these conditions, the Client first has to confirm their activation by clicking on the link contained in the email.

§ 4 Updating Client Data

(1) The Client is obliged to keep their information (including their contact information) up to date. If this information changes while the User is registered, the User has to immediately correct the information online in their personal settings. Should the Client not succeed to do so, they can communicate the information that has changed via email.

§ 5 Data Storage and Transfer

(1) The Client can store data using the allocated storage the Provider created for them, which they can access in connection with the use of the portal. The Provider is only required to grant the Client access to the storage space that was allocated to them for their use. Concerning any data transferred and processed by the Client, the Provider does not have any storage or care responsibilities. The Client is responsible for complying with statutory trade and tax storage retention periods.

§ 6 Processing Personal Data

(1) If the Client processes personal data within the framework of this agreement, they will be responsible for ensuring compliance with data protection regulations. The Provider will only process the data transferred by the Client within the framework of the Client’s instructions. If they consider the Client’s instruction to be in violation of data protection regulations, the Provider will inform the Client of this immediately. The Provider offers encrypted data transfer to the Client.
(2) The Provider will only collect and use Client data to the extent necessary to fulfill this agreement. The Client agrees to the collection and use of such data to this extent.

§ 7 Changes to Software and to Modules

(1) At any time, the Provider has the right to change free modules, make new modules available free of charge or for a fee, and to stop providing free modules. In each case, the Provider will consider the Client’s legitimate interests.

§ 8 Access Rights

(1) The Client receives an access authorization for all user accounts they registered. This access authorization consists of a username and a password. The Client may only communicate username and password to Users authorized by them and must otherwise keep them confidential.

§ 9 Software Usage Rights

(1) The Client is granted non-exclusive (non-sublicensable and non-transferrable) rights of use, limited to the term of this agreement, according to the following regulations.
(2) The Client uses the portal software on the Provider’s IT system. That does not constitute a transfer of the software to the Client.
(3) The Client may only allow the number of people specified in this agreement use the portal at the same time.
(4) If the Provider creates new versions, updates, upgrades, or delivers other new features concerning the software during the term of this agreement, the above rights also apply to those.
(5) The Client is not entitled to rights that are not specifically listed as granted to the Client above. Specifically, the Client is not entitled to using the software or letting third parties use the software beyond the specified use or make the software available to third parties. Specifically, the Client is not permitted to duplicate, sell, or loan the software for a limited time. More specifically, the Client is not permitted to rent or lend the software.
(6) The Client takes the necessary measures to prevent unauthorized persons from using the portal.
(7) The Client is liable for ensuring that the portal is not used for any purposes that are racist, discriminatory, pornographic, detrimental to the protection of minors, politically extreme or otherwise illegal or infringe upon administrative regulations or restrictions. The Client must also ensure that no such data, specifically relating to application data, is created, and/or saved to the Provider’s IT system.
(8) If the Client violates the regulations in paragraphs 1 – 7 for reasons within their responsibility, the Provider can, after first informing the Client in writing, block their access to the portal if this will demonstrably remedy the violation.
(9) If the Client illegally infringes paragraph 7, the Provider has the right to delete the data and/or user data affected. In case of an illegal infringement by Users, the Client has to present the Provider, upon their request, with full particulars to assert the claims against the User, specifically their name and address. If the Client knowingly continues to and repeatedly violates the regulations in paragraph 1 – 7, despite corresponding written warnings from the Provider, and if it is within their responsibility, the Provider has the right to terminate the agreement extraordinarily without complying with the notice period.
(10) If the Client is responsible for breaching these terms and conditions, the Provider can claim damages.

§ 10 Remuneration

(1) The Provider provides the portal free of charge.
(2) The Provider reserves the right to adjust applicable prices at any time. Adjustments to prices as well as scope of services are immediately applicable to all newly created user accounts. For existing user accounts, price adjustments do not come into effect retroactively but only when the User accepts the adjustments.
(3) Remuneration plus value added tax is owed for each case in the respective statutory amount

§ 11 Uploading of Proprietary Content by the Client

(1) If the functionality is available on the portal, the Client, considering the following regulations, is permitted to upload content within the framework of the software usage.
(2) When the Client uploads content, they grant the Provider non-transferrable and non-remunerated usage rights of the respective content, including but not limited to
– saving the content on the Provider’s server,
– processing and duplicating the content,
to the extent necessary for storing and/or publishing the respective content and if the Client removes the content that they have previously uploaded, the usage and processing right granted to the Provider lapses. However, the Provider retains the right to store copies made for security or evidence purposes. The Provider also has the right to store the data in a backup computer center.
(3) The Client bears full responsibility for the content uploaded by them. The Provider does not screen whether the content is complete, correct, lawful, up to date, of quality and suitable for specific use. Therefore, the Client declares and warrants to the Provider that they are the sole proprietor of all rights to any content uploaded by them or that they are otherwise authorized (e.g. by valid consent of the copyright holder) to upload the content and to warrant the usage and processing right in accordance with paragraph (2) above.
(4) The Provider retains the right to refuse to upload content and/or to edit, block or delete content already uploaded without prior notice if uploading this content by the Client or the uploaded content itself warranted a breach of section 9 paragraph (7) or concrete evidence exists that a serious breach of section 9 paragraph (7) will occur. However, the Provider will consider the Client’s legitimate interests and use the mildest means of rectifying the breach of section 9 paragraph (7).

§ 12 Term of Agreement

(1) The contractual relationship begins when the agreement becomes effective and is concluded for an indefinite period. The services are provided when the agreement comes into effect.
(2) The ordinary termination of the contractual relationship can be given by both parties, in writing, in text form or, for the Client, in the software settings with a notice period of three days before the end of a month.
(3) The extraordinary termination because of or in connection with a breach of the terms and conditions is only possible after prior written warning and an appropriate deadline is scheduled.
(4) Notwithstanding the regulation in paragraph 3, the Provider has the right to terminate the agreement without observing a notice period if the Client defaults the full payment for two successive months and/or a considerable part of the payment or, in a period of time spanning more than two months, defaults the payment that is equal to the sum of fees accrued over two months.

§ 13 Liability, Limits of Liability

(1) In the case of intent of gross negligence, the parties shall be mutually liable without limitation for all damage caused by them or their legal representatives or vicarious agents.
(2) In the case of slight negligence, specifically in the event of harm to life, body, or health, the parties shall be liable without limitation.
(3) Otherwise, a party is only liable if an essential obligation of the agreement is violated. In those cases, the liability is limited to replacing the foreseeable, typically resulting damage. This excludes the Provider’s strict liability for damages (section 536a BGB (German Civil Code)) for any deficiencies existing at the time the agreement is signed. Paragraph 1 and 2 remain unaffected.
(4) Liability in accordance with the Product Liability Act remains unaffected.

§ 14 Limitation of Liability for Usage that is Free of Charge

(1) Should damage occur to the Client due to their usage of the software, when the software is free of charge (free use, test phase), the Provider is only liable for the damage if it occurs while the Client is using the software in accordance with the Terms and conditions and only if it is the result of the Provider’s intent (including fraud) and gross negligence.

§ 15 Changing the Terms and Conditions

(1) If not already specifically regulated otherwise, the Provider has the right to change or add to these terms and condition as follows. The Provider will make the Client aware of the changes and additions in text form at least six weeks before they come into effect. If the Client does not agree with the changes and additions to the terms and conditions, they can object to the changes within a period of four weeks until the changes and additions shall come into effect. The objection has to be made in text form. If the Client does not object, the changes and additions to the terms and conditions are considered to be approved. The Provider will specifically notify the Client of these changes and additions, as well as their intended significance with respect to the Client’s behavior.

§ 16 Closing Provisions

(1) Assigning accounts receivable is only admissible with prior written consent of the other party to the agreement. Consent may not be unreasonably withheld. The regulations of section 354 a HGB (German Commercial Code) remain unaffected.
(2) Right of lien can only be asserted if there are counter claims from the respective contractual relationship.
(3) The contractual parties can only set-off claims that are legally recognized and undisputed.
(4) All changes, additions, and terminations of contractual agreements need to be in written form, this applies to the repeal of the written form requirement as well, so long as text form is not stipulated in this agreement.
(5) Should individual terms of the party agreements be or become ineffective, the remainder of the terms remain unaffected.
(6) The law of the Federal Republic of Germany applies. The place of jurisdiction is, if legally permissible, the location of the Provider.
(7) In case of doubt, the German version always applies.