General Terms and Conditions

§ 1 Scope and contracting party

(1)These General Terms and Conditions (the “Terms”) govern the use of the web application, the programming interfaces and all further services offered under the Aptora brand (together, the “Service”).

(2)The provider and your contracting party is:

(3)These Terms apply both to consumers (§ 13 BGB) and to entrepreneurs (§ 14 BGB). Provisions that apply to only one of the two groups are expressly marked as such.

(4)Deviating, conflicting or supplementary terms of the user do not become part of the contract unless we have expressly agreed to their application in text form. This also applies where we render the Service without reservation in the knowledge of such terms.

(5)Supplementary conditions may apply to individual plans, additional services or individually negotiated agreements (in particular “Enterprise”). In the event of a conflict, the individually agreed conditions take precedence over these Terms.

§ 2 Definitions

For the purposes of these Terms:

User / you —

any natural or legal person who creates an account for the Service or uses the Service.

Account —

the personal access of a user, created and secured through our authentication provider.

Workspace —

the area in which content is held. There are two kinds: the personal workspace, which every account receives automatically, and the team workspace (see “Team”).

Team / organisation —

a workspace in which several accounts access the same content together. A team has one or more persons with administrative rights (“team administrator”) and a number of chargeable seats on which the price of a team plan is based.

Seat —

a member of an organisation who has signed in to the Service at least once. An invitation that has been sent is not a seat; neither is an accepted membership that has never led to a sign-in. The number of seats follows from this circumstance by itself (§ 15 (3)).

Profile / CV / résumé —

a structured record about a person, consisting of details such as name, contact data, professional and educational history, skills, languages, projects, references and a design in which the record is presented. “Profile” and “CV” mean the same thing; “profile” is the term used inside the Service.

Job —

a structured record about a job advertisement or a project offer, irrespective of whether you entered it, forwarded it, or it was obtained from an incoming email.

Recruiter / company —

users who do not use the Service to present themselves professionally, but to find people, advertise jobs or manage candidate profiles. Recruiters and companies act as entrepreneurs within the meaning of § 14 BGB.

User content —

all data you bring into the Service or cause to come into existence by using it: profiles, jobs, documents and files, applications, messages, emails sent to your inbound address, images, free text and the structured records obtained from them.

Inbound address —

the personal email address in the m.aptora.io domain that we assign to your account and to which you can send or forward messages.

AI result —

any output produced by the use of artificial intelligence within the Service: extracted fields, detected skills, summaries, assessments of the fit between a profile and a job, and comparable outputs.

MCP connection —

a connection, authorised by you, between an external tool (such as an AI assistant) and your account via our MCP interface and the associated OAuth flow.

Plan —

the booked package of services (e.g. Free, Personal Lite, Personal Pro, Team Lite, Team Pro, Enterprise) with the functions and monthly allowances assigned to it. A plan applies to exactly one workspace (§ 3 (2), § 6 (6)).

Collaboration —

a professional engagement between two parties recorded in the Service (such as a project, an assignment or an employment), entered by one side and confirmed by the other.

Review —

the feedback one party gives about the other party in respect of a confirmed collaboration (§ 13). The assessment of the fit between a profile and a job that the Service produces with the help of artificial intelligence is not a review within this meaning, but an AI result.

Reply —

the public response that the reviewed party may publish in respect of a review concerning them.

Provenance —

the level of origin shown in the Service for a collaboration, indicating what its confirmation is based on.

§ 3 Subject matter and description of services

(1)Aptora is a software-as-a-service application with which you can

1. create, structure, design, export and — if you want to — publish professional profiles,
2. upload CV files and obtain a structured record from them with the help of artificial intelligence,
3. receive a personal inbound address to which you can forward messages from job portals, from which we obtain jobs,
4. search and save jobs, have them assessed and matched against your profile,
5. as a team, advertise your own jobs, manage candidate profiles and — depending on the plan — search for candidates,
6. use the Service in an automated way via programming interfaces and MCP connections.

(2)The specific scope of functions depends on the plan booked. The applicable assignment of functions and allowances to the plans follows from the pricing page of the Service at the time of booking. A plan always applies to exactly one workspace: in the personal workspace exclusively your personal plan, in the team workspace exclusively the organisation's plan (§ 6 (6)). The benefits of several plans are not added together.

(3)We owe the provision of the Service in its respective current version. We do not owe

1. any particular success of your use, in particular no placement, no application, no interview, no employment, no assignment and no filling of a position,
2. the accuracy, completeness or currency of content that does not originate from us — in particular not of user content and not of jobs obtained from third-party messages,
3. the substantive accuracy of AI results (§ 11).

(4)Aptora is not an employment agency and does not provide employment placement within the meaning of the German Social Code, Book III (SGB III). We make no selection decision, give no recommendation regarding a particular person and do not become a party to an employment or service contract initiated via the Service.

§ 4 Conclusion of contract, registration and minimum age

(1)The presentation of the Service and its plans is not a binding offer, but an invitation to submit an offer.

(2)The contract for the use of the free plan is concluded when you create an account and we provide you with access. The contract for a paid plan is concluded when you complete the ordering process and we confirm the booking or activate the plan.

(3)Registration takes place through our authentication provider. You are obliged to provide truthful information on registration and to keep it up to date.

(4)To use the Service you must be at least 18 years old. If you act on behalf of a legal entity, you warrant that you are authorised to represent it; in that case the legal entity becomes the contracting party.

(5)There is no entitlement to the conclusion of a usage contract. We may refuse a registration without giving reasons.

§ 5 Account, credentials and responsibility

(1)Your account is personal. You may not pass your credentials on to third parties and may not allow any third party to use your account. Within a team, every person entitled to access receives their own account and their own seat.

(2)You keep your credentials, access tokens and API keys carefully and secret. If you suspect that a third party has obtained knowledge of them, or that your account is being used without authorisation, you inform us without undue delay at aptora@cloudsurf.digital and change the affected credentials.

(3)You are responsible for actions carried out through your account, unless you are not responsible for the unauthorised use.

(4)You can trigger the deletion of your account at any time within the Service. The deletion takes effect immediately and cannot be undone (§ 23 (5)).

§ 6 Teams and organisation accounts

(1)If a user creates a team, the legal entity on whose behalf they act becomes the contracting party for that team workspace. The team administrator acts for that legal entity.

(2)The team administrator decides on the admission and removal of members and on the plan; the number of seats follows from this and is not managed separately (§ 15 (3)). They can access the content of the team workspace that is assigned to the team or shared with it, in particular jobs and shared profiles. A profile that a member keeps as a private draft (§ 9 (2)) is visible only to that member for as long as they belong to the team; a member's own applications are not visible to others. The application marks on every profile whether it is private or shared with the workspace; informing members internally is the team's responsibility.

(3)Content created in a team workspace belongs to that workspace and not to the personal workspace of the member who created it. If a member leaves the team — by leaving, by being removed or by deleting their account — the content remains in the team workspace. Profiles and jobs the member created there pass to the team administrator when the member leaves; this also applies to private drafts. The member's own applications are not transferred.

(4)Profiles about other people.Where a team creates profiles about people who are not themselves users (in particular candidate profiles), the following applies:

1. The team is responsible for the lawfulness of that processing and warrants that it has a sound legal basis under the GDPR.
2. The team warrants that it has informed, or will inform, the data subject in accordance with Articles 13 and 14 GDPR.
3. The team is responsible towards the data subject for the exercise of their data subject rights.
4. The team publishes such a profile only if the data subject has consented to it (§ 9 (5)).

(5)Insofar as we process personal data on behalf of a team, we conclude a data processing agreement pursuant to Article 28 GDPR on request. Until it is concluded, the privacy policy applies.

(6)One workspace, one plan.In the team workspace, exclusively the functions and allowances of the organisation's plan apply. A plan that a member has booked for their personal workspace grants no benefits in the team workspace; conversely, the organisation's plan grants no benefits in a member's personal workspace. If an organisation has no paid plan, no allowances are available in the team workspace; functions that trigger an AI-supported operation (§ 11) are blocked there. Recording and advertising your own jobs (§ 9 (6)) remains unaffected and free of charge.

§ 7 User content, third-party rights and references

(1)You retain all rights in your user content. We acquire no ownership or proprietary rights in it, only the rights of use under § 10.

(2)You are responsible for your user content. You warrant that you hold all rights required for submitting, storing, processing, analysing and — insofar as you cause it — publishing the content.

(3)In particular, you warrant that your user content

1. does not infringe any copyright, trade mark, related or other protective rights of third parties,
2. does not infringe the personality rights of third parties,
3. does not disclose trade or business secrets of third parties which you are obliged to keep confidential,
4. does not breach contractual obligations to which you are subject (in particular confidentiality and non-competition agreements),
5. is not unlawful and does not violate § 12.

(4)Publication rights in your own CV.When you publish a profile, you warrant that you hold full publication rights in the details it contains. You are aware of and accept that a profile made public is retrievable over the open internet, can be indexed by search engines and copied, cached and archived by third parties, and that a later withdrawal of publication does not remove such copies held by third parties.

(5)Third parties in the CV, in particular references.If you name other people in a profile or link to them — for instance as a reference, contact person, client, superior, referee or author of a quotation — you warrant that you have that person's permission

1. to include their name and the data given about them (such as role, company, contact data, quotation) in your profile, and
2. to publish those details to the extent that you set for the profile — in the case of a public profile, therefore, by name on the open internet.

This warranty applies separately to each visibility level: a person who has consented to being included in a private profile has not thereby consented to publication. If the visibility level changes, permission must be obtained again. If a named person withdraws their permission, you remove the details concerned without undue delay.

(6)We are not obliged to check user content before it is stored or published. We review content on a case-by-case basis, in particular following a report under § 14.

(7)You are yourself responsible for backing up your user content insofar as you wish to keep it independently of the Service. The Service offers export functions for this purpose.

§ 8 Processing of emails

(1)With your account you receive a personal inbound address. You decide yourself whether and which messages you send or forward to that address.

(2)Messages that reach your inbound address are stored in full and displayed to you in the Service — including headers, sender, subject, body and attachments. Before receipt it cannot be distinguished whether a message is a job notification or not.

(3)If a message originates from a job portal known to us, we evaluate its content in order to obtain the jobs it contains and store them as structured records. Pattern recognition, our own models and our AI provider are used for this. Messages that do not originate from a job portal known to us are stored for you but not evaluated for job content.

(4)Shared job pool.Jobs obtained from a message become part of Aptora's general job stock and may also be displayed and suggested to other users. The stored job contains no reference to you or your mailbox. The message text itself is not shared with other users. You grant us the rights of use required for this under § 10.

(5)Your responsibility for forwarded content.You warrant that you are entitled to forward the respective message to our systems. This concerns in particular messages that

1. are business messages of your employer or client,
2. contain information about other people,
3. bear confidentiality markings or are subject to a duty of secrecy.

Do not forward such messages if you lack the necessary authorisation.

(6)You can delete stored messages within the Service. If you delete your account, the messages stored for you are deleted as well; jobs already obtained remain unaffected under paragraph 4, insofar as they contain no personal reference to you.

(7)Receiving messages via the inbound address is not an email service in the sense of a mailbox. We owe neither delivery nor retention nor availability of individual messages, and we do not replace an email account.

§ 9 Publication of content

(1)You decide what is published.The Service publishes no profiles on its own initiative. Without your decision, a profile stays on the lowest visibility level.

(2)There are four cumulative visibility levels for profiles. Each level includes the ones below it:

(3)From the “Aptora” level onwards, a profile receives its own address (permalink) through which it is called up. Anyone who knows this address can retrieve the profile at the “Public” level without signing in. Treat the permalink like a publication.

(4)You can lower the visibility level at any time. Further retrieval via Aptora then ends. Retrievals that have already taken place, copies made by third parties and search engine caches cannot be undone by us (§ 7 (4)).

(5)Profiles about other people may only be published with their consent. For teams, § 6 (4) applies in addition.

(6)Jobs.A team can advertise its own jobs. An advertised job is discoverable through the job stock of the Service and may be publicly retrievable. The advertising team warrants that it is entitled to publish it and is responsible for the content of the advertisement — in particular for compliance with the German General Equal Treatment Act (AGG), namely for a gender-neutral advertisement, and for stating all mandatory information required by law.

(7)We may present published content within the Service, link to it, show it in search results and suggestion lists, and prepare it technically for preview display.

§ 10 Rights of use in user content

(1)You grant us a non-exclusive, geographically unrestricted, royalty-free and transferable right to use your user content, limited to the performance of the contract and to the operation, safeguarding and further development of the Service. It includes in particular the right

1. to store, reproduce and back up the content (including backups and redundant storage),
2. to process and convert it technically and to prepare it for display,
3. to analyse it, in particular through the use of artificial intelligence (§ 11),
4. to produce from it structured records, extracted fields, detected skills, summaries and assessments,
5. to index it for search within the Service,
6. to display it within the Service — to you, to your workspace and, for published content, to the group determined in § 9,
7. to transmit it to our processors insofar as this is necessary for the aforementioned purposes.

(2)The grant of rights is limited to the extent necessary for the stated purposes. It does not include the right to use your user content for our own advertising purposes outside the Service or to sell it to third parties.

(3)We do not use your user content to train AI models. For our AI provider's position, see § 11 (3).

(4)The grant of rights ends when the respective content is deleted, insofar as it does not continue for statutory retention obligations, for backup copies already created until they are overwritten in the usual cycle, or for content under § 8 (4).

(5)For jobs obtained from third-party messages, § 8 (4) applies in addition.

§ 11 Use of artificial intelligence

(1)The Service uses artificial intelligence, in particular in order to

1. obtain a structured CV from uploaded files,
2. obtain jobs from job texts and messages from job portals,
3. detect and harmonise skills,
4. assess how well a job fits a profile,
5. produce summaries and text suggestions.

(2)AI results are suggestions.They can be incomplete, out of date or simply wrong. You check them before you rely on them — in particular before you publish a profile, send an application or base a personnel decision on them. The decision remains yours.

(3)For the processing we use providers named in the privacy policy. The content concerned is transmitted to those providers and processed on their infrastructure, in part outside the European Union. Our AI provider states that it does not use data transmitted via its programming interface to train its models.

(4)No automated decision in an individual case.The Service makes no decision on the hiring, rejection or assessment of a person with legal effect within the meaning of Article 22 GDPR. Fit assessments are sorting and suggestion aids. If a team nevertheless uses the Service as a basis for personnel decisions, it is solely responsible for this and must comply with the requirements applicable to it, including the requirements of Regulation (EU) 2024/1689 (AI Act) for employment contexts.

(5)The scope of the AI-supported functions and the associated monthly allowances depend on the plan booked.

§ 12 Prohibited use

(1)It is prohibited in particular

1. to use the Service for unlawful purposes or to submit unlawful content,
2. to submit content that is insulting, defamatory, incites hatred, is pornographic, glorifies violence or is harmful to minors,
3. to create false identities or profiles about people who do not exist or whose identity you usurp,
4. to create profiles or jobs that in fact serve a purpose other than professional presentation or the filling of a position (in particular advertising, data collection or onward placement),
5. to systematically read out, copy or build up data from the Service (“scraping”), including via the programming interfaces, insofar as this goes beyond use in accordance with the contract,
6. to use contact data from the Service for unsolicited advertising,
7. to circumvent protective measures, allowances, access restrictions or payment obligations,
8. to place such load on the Service that its availability for others is impaired,
9. to submit or distribute malware,
10. to make the Service available for use by third parties, for consideration or free of charge, or to offer it under your own name, unless expressly agreed.

(2)In the event of a breach, we may take the measures set out in § 23 (3).

§ 13 Reviews and collaborations

(1)Precondition.A review can only be given in respect of a collaboration that one side has entered and the other side has confirmed. Upon confirmation, a review window of 14 days opens for both sides. At most one review per collaboration and side is possible.

(2)Double blindness and publication.For as long as both sides can review, the other side's review is not visible. Reviews are published as soon as both sides have submitted theirs, at the latest when the review window expires. A submitted review cannot be changed and cannot be withdrawn.

(3)Extent of our verification (§ 5b (3) UWG).We ensure that a review originates only from a party that has a collaboration with the reviewed party confirmed by both sides. Beyond that, we do not check whether the collaboration actually took place; we see no contracts, invoices, timesheets or proof of performance, and we obtain no information from third parties. We therefore do not describe reviews as “verified”. Details and the respective provenance level are set out at aptora.io/en/reviews-policy.

(4)Ranking.Reviews and metrics derived from them do not feed into the order of search and matching results. A disclosure of ranking parameters under Article 5 of Regulation (EU) 2019/1150 in respect of reviews is therefore without object.

(5)No paid reviews.We pay no remuneration, grant no discount and hold out no other advantage for submitting a review. We do not write reviews ourselves and we commission no one to do so. No plan and no agreement changes the visibility, selection or order of reviews.

(6)Content requirements.A review may only reflect your own experience from the collaboration reviewed. Inadmissible are, in particular, untrue statements of fact, abusive criticism and insults, personal data of third parties, and information subject to a confidentiality agreement. § 12 applies in addition.

(7)Automated pre-check.Before publication, the free text of a review is examined automatically for insults, personal data of third parties or unverifiable statements of fact; for this it is transmitted to our AI provider (§ 11 (3)). Conspicuous reviews are held back for human review; all others are published without prior checking. This does not establish a general monitoring obligation (Article 8 of Regulation (EU) 2022/2065).

(8)Reporting and reply.A published review can be reported on the grounds of untrue statement of fact, insult, collaboration that did not take place, personal data of third parties and spam. The reviewed party may invoke any of these grounds; insult, personal data of third parties and spam may be reported by any signed-in person. A report leads to a review of the case; in itself it does not cause removal. For the duration of the check, the review remains visible and is marked as “under review”. The reviewed party may publish exactly one public reply to each review; it cannot be changed afterwards. We do not disclose the identity of the reviewing party.

(9)House rules and removal.We remove a review if it violates paragraph 6 or applicable law, or if the basis of the associated collaboration subsequently ceases to exist. The decision is logged together with its reason and communicated to the reporting party and to the party concerned (Article 17 of Regulation (EU) 2022/2065). There is no entitlement to the removal of a lawful review; this also applies to the reviewed party and irrespective of the plan booked.

(10)Right of use.By submitting a review you grant us the right to make it permanently, free of charge and non-exclusively accessible within the Service and in its public views. § 10 applies accordingly in all other respects.

(11)Continued existence after account deletion.Reviews you have given about others remain permanently in existence in pseudonymised form after the deletion of your account. Reviews about you are deleted together with your account. The underlying collaboration is anonymised, not deleted, because the remaining reviews are based on it. Further details are set out in the privacy policy.

(12)Liability.Reviews are user content within the meaning of § 7 and reflect the view of the reviewing party, not ours. We do not adopt them as our own. Our responsibility is governed by § 21 and by §§ 7 to 10 DDG.

§ 14 Reporting unlawful content

(1)You address reports about unlawful content to aptora@cloudsurf.digital. This address is at the same time the single point of contact named in the imprint pursuant to Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act). For reviews, the reporting route inside the Service is additionally available to you (§ 13 (8)); the point of contact remains reachable alongside it.

(2)A report should describe the content complained of precisely enough for us to find it (in particular via its address within the Service) and set out why it is said to be unlawful.

(3)We examine incoming reports and take, where necessary, the measures set out in § 23 (3). We inform the reporting person and — as far as possible and legally permissible — the person concerned about the decision taken, and give reasons for it.

(4)Our responsibility for third-party content is governed by §§ 7 to 10 DDG and by Articles 4 to 6 of Regulation (EU) 2022/2065.

§ 15 Plans, prices, payment and allowances

(1)The Service is offered in a free plan and in paid plans. Which functions and which monthly allowances a plan contains follows from the pricing page.

(2)Prices are stated in the currency shown on the pricing page. For consumers, the prices stated include statutory VAT; for entrepreneurs, prices are stated plus VAT at the applicable rate. The statement on the pricing page at the time of booking is decisive.

(3)Billing, seats and changes during a period.Paid plans are billed monthly or annually in advance, depending on your choice. Team plans are billed per seat; a seat is a member of the organisation who has signed in at least once (§ 2). We determine the number of seats ourselves — directly from the events at our authentication provider and additionally through a daily reconciliation. You are under no obligation to report, maintain or confirm the number of seats. If the number of seats rises during a current billing period, we charge the additional amount pro rata from the day on which the seat comes into existence. If it falls, there is neither a refund nor a credit for the current billing period; the reduced number applies from the next invoice. With a team plan you therefore do not book a fixed final amount. Example for a plan at €15 per seat and month in the billing period from 1 to 31 March, starting with two seats:

(4)Payment is handled through our payment service provider. The payment methods offered there apply. A payment method may have to be provided for a free trial.

(5)Trial period.If a plan is offered with a free trial, the trial ends after the period stated. If you cancel before it expires, no costs arise. Otherwise the trial converts into the paid plan booked and the first billing period begins.

(6)Allowances and fair use.The figures on the pricing page denote monthly allowances. For team plans, the stated allowance is multiplied by the number of seats; the result is available to the organisation as a shared allowance. An individual member may also consume it in full; individual members have no entitlement to a share. Allowances are reset at the beginning of each billing month and expire unused. Allowances marked as “unlimited” apply within the scope of fair use: they are designed for individual use customary for the respective plan. Where use considerably and permanently exceeds what is customary, or is automated, we may contact you, throttle the use or offer a suitable plan. We inform you before throttling, except where operations are at risk.

(7)If a payment is overdue, we may block the paid functions after prior notice. Your content initially remains unaffected by this; § 23 (4) applies.

(8)Price changes.We may change prices for future billing periods. We notify you of a change in text form at least six weeks before it takes effect. You may terminate the contract until it takes effect, with effect from the end of the current billing period; we point out this right in the notification. If you do not terminate, the change applies from the next billing period.

§ 16 Right of withdrawal for consumers

(1)Consumers have a statutory right of withdrawal. The details follow from the withdrawal instructions below.

(2)Withdrawal instructions

(3)Early expiry of the right of withdrawal.In the case of a contract for the provision of services, the right of withdrawal expires where we have fully performed the service and only began performance after you had given your express consent and had at the same time confirmed your knowledge that you would lose your right of withdrawal upon complete performance of the contract.

(4)Model withdrawal form

§ 17 Programming interfaces, MCP and automation

(1)We may make the Service accessible via programming interfaces and via MCP connections. The scope depends on the plan booked.

(2)If you authorise an external tool via the MCP/OAuth flow, that tool receives access to the data it needs for the actions you have released. We are not responsible for the behaviour of that tool or for how its provider handles the data transmitted. You can view and revoke existing connections at any time in the settings.

(3)Access tokens are to be treated like credentials (§ 5 (2)). They expire automatically; details are set out in the privacy policy.

(4)We may limit the use of the interfaces in volume (rate limits) and reject individual calls in order to safeguard operations. The limits applicable from time to time follow from the technical documentation.

(5)We may change interfaces and MCP connections, discontinue them with reasonable notice and, in the event of a breach of § 12 or a threat to operations, block them with immediate effect.

(6)Interfaces are part of the Service and may not be used to build a competing service or to make content of the Service accessible outside the Service.

§ 18 Availability, maintenance and beta functions

(1)We endeavour to achieve high availability of the Service, but we do not owe any particular availability. An availability commitment (SLA) exists only insofar as it has been separately agreed.

(2)We may interrupt the Service for maintenance work. Where possible, we schedule plannable work at times of low use and announce it if a longer interruption is to be expected. We may carry out interruptions for reasons of operational safety at any time.

(3)We are not responsible for outages attributable to causes outside our sphere of influence, in particular to disruptions at upstream suppliers, in the public network, or to force majeure.

(4)Beta functions.Functions marked as “beta”, “preview”, “experimental” or similar are made available for trying out. They may be incomplete, faulty or unstable, may be changed at any time and discontinued without notice. No availability commitment applies to them; liability is governed by § 21, whereby for beta functions we are liable, within the limits of what is legally permissible, only for intent and gross negligence.

§ 19 Changes to the Service and to these Terms

(1)We develop the Service continuously. We may add and change functions and — insofar as this is reasonable for you — discontinue them, in particular for technical, legal or economic reasons. We announce material restrictions of the contractually owed scope of functions at least six weeks in advance in text form; in that case you may terminate with effect from the end of the current billing period until the change takes effect.

(2)We may change these Terms where this is necessary in order to adapt them to a changed legal situation, to supreme court case law, to changed technical conditions or to a changed scope of functions, and where the change does not unreasonably disadvantage you.

(3)We notify you of changes at least six weeks before they take effect in text form and thereby point out the change, your right to object, the deadline and the consequences of remaining silent. If you do not object before the change takes effect, the change is deemed accepted. If you object, both sides may terminate the contract with effect from the date on which the change takes effect.

§ 20 Rights in Aptora

(1)All rights in the Service belong to us or to our licensors. This applies in particular to the software, the source code, the design of the user interface, the design templates for profiles, the texts, graphics, the “Aptora” brand, the logo and the “Apti” character, as well as to the models, rule sets and databases developed by us (such as the stock of harmonised skills and job titles).

(2)For the term of the contract you receive a non-exclusive, non-transferable, non-sublicensable right to use the Service to the contractually agreed extent. No further rights are granted.

(3)Prohibited are in particular decompilation beyond the cases permitted by law, replication, removal of protective and identifying notices, and the use of our signs without our consent.

(4)Documents that you export from the Service (such as PDF versions of your profile) may be used by you without restriction for your own purposes. This does not apply to the design template as such, detached from your content.

(5)Feedback.If you make suggestions to us for improving the Service, we may use them free of charge and without restriction, without any claims arising for you from this.

§ 21 Liability

(1)We are liable without limitation

1. for intent and gross negligence,
2. for damage arising from injury to life, body or health,
3. under the provisions of the German Product Liability Act,
4. to the extent of a guarantee assumed by us.

(2)In the case of slight negligence, we are liable only for the breach of a material contractual obligation — that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to the foreseeable damage typical for this type of contract.

(3)In all other respects our liability is excluded.

(4)In particular, we are not liable

1. for user content and for third-party content accessible via the Service, including the accuracy of jobs obtained from third-party messages,
2. for the success of an application, an advertisement, an approach or a collaboration,
3. for the substantive accuracy of AI results and for decisions based on them,
4. for the consequences of a publication initiated by you, in particular for the dissemination, caching and archiving of published content by third parties,
5. for the loss of data, insofar as the damage would not have occurred had you carried out proper, regular data backups; our liability for data loss is limited to the effort that would have been necessary for restoration in the case of proper backups,
6. for the behaviour of external tools that you have authorised via an MCP connection,
7. for the accuracy of the statements of fact and for the appropriateness of the value judgements contained in reviews under § 13.

(5)The above limitations of liability also apply in favour of our legal representatives, employees and vicarious agents.

(6)This does not involve any change in the burden of proof to your detriment.

§ 22 Indemnity

(1)If your user content or your use of the Service infringes the rights of third parties, you indemnify us against all claims that third parties assert against us on that basis. This includes the costs of a reasonable legal defence.

(2)We inform you without undue delay of such a claim, give you the opportunity to comment and do not acknowledge the claim without your consent, insofar as this is reasonable for us.

(3)The indemnity obligation does not apply insofar as you are not responsible for the infringement.

§ 23 Term, termination, suspension and deletion

(1)The contract for the free plan runs for an indefinite period. You may terminate it at any time without notice by deleting your account. We may terminate it with one month's notice.

(2)Paid plans run for the billing period chosen and are extended by the same period unless terminated by the end of the current period. The following routes are open to you for termination:

1. the button “Cancel contracts here”, which is reachable in the footer on every page of the Service and leads, without signing in, to a confirmation page on which you declare the termination with the button “Cancel now”;
2. the same page from within your signed-in account, in the account settings under “Plan”; and
3. a declaration in text form to aptora@cloudsurf.digital.

We confirm to you the content, date and time of your declaration of termination as well as the point in time at which the contract ends, without undue delay in text form by email. If you terminate without signing in, we carry out the termination as soon as you have confirmed it via the link in that confirmation; the time of your declaration remains unaffected.

These routes each concern the contract of the declaring account. Only a team administrator can terminate an organisation's plan; membership of an organisation changes nothing about the terminability of your own personal contract.

(3)Suspension and removal of content.We may remove individual content or restrict its visibility, restrict functions or temporarily suspend an account where there is sufficient suspicion of a breach of § 12, of these Terms in other respects, or of applicable law. In doing so we choose the mildest suitable means, inform you of the measure and its reason and give you the opportunity to comment, insofar as no legal reasons preclude this.

(4)Termination for cause.The right to terminate for good cause remains unaffected. Good cause exists for us in particular in the case of a serious or repeated breach of § 12, unlawful content, default in payment despite a reminder and the setting of a deadline, or abusive use of the interfaces.

(5)Consequences of termination.Upon termination your access to the Service ends. Export your content beforehand. If you delete your account within the Service, the deletion takes effect immediately and cannot be undone. We delete or anonymise your personal data insofar as we are not required by law to retain it; details are set out in the privacy policy. Content of a team workspace remains unaffected by the deletion of an individual member account and passes to the team administrator (§ 6 (3)), and § 8 (4) remains unaffected. Reviews you have given about others remain permanently in existence in pseudonymised form after the deletion of your account; reviews about you are deleted and the underlying collaboration is anonymised (§ 13 (11)).

§ 24 Data protection

(1)How we process personal data is set out in the privacy policy, available at the address /privacy within the Service. It is not part of these Terms but fulfils our information obligations under Articles 13 and 14 GDPR.

(2)Insofar as we process personal data on behalf of a team, § 6 (5) applies.

§ 25 Final provisions

(1)The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another Member State of the European Union, the mandatory consumer protection provisions of that state remain unaffected.

(2)If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. We may also sue you at your general place of jurisdiction.

(3)Dispute resolution.We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. Reference to the European Commission's former online dispute resolution platform is deliberately omitted: it was discontinued on 20 July 2025, and a reference to a body that no longer exists would be misleading.

(4)The language of the contract is German. If we provide a translation of these Terms, it serves information purposes only; in the event of discrepancies, the German version prevails.

(5)Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. If you are an entrepreneur, the statutory provision applies in place of the invalid provision.

(6)Amendments and supplements must be made in text form. This also applies to any amendment of this clause.