BrokenIOT Terms and Conditions

General Terms and Conditions of

Scope and Subject Matter of these General Terms and Conditions

1. 1. All of the following provisions refer to the BrokenIoT platform, including software, (“BrokenIoT Software”) and the associated services (to jobseekers (“Candidates”). Candidates are hereinafter referred to as “Users”.
   2. These provisions define the conditions under which Users may use the BrokenIoT platform. These General Terms and Conditions apply exclusively for all Users of the BrokenIoT platform.
   3. Any licensing conditions or the general terms and conditions from the User are not a part of the contract even if BrokenIoT does not explicitly object to them or if BrokenIoT, without reservation, provides the contractual services to the User without knowledge of any contradictory or deviating terms of the User.
   4. Persons who have not reached 18 years of age are not allowed to register with BrokenIoT or use the BrokenIoT platform. BrokenIoT may verify the identity of Users by requesting suitable evidence.

BrokenIoT Platform/Availability

1. 1. BrokenIoT offers an Internet-based career service that provides Users with functionalities and/or software for searching and communicating via the BrokenIoT platform. BrokenIoT allows Candidates to search for third-party job advertisements on the BrokenIoT platform and offers software-based tools to publish content (e.g. certificates). Please note that neither job placement nor personnel placement are services offered by BrokenIoT. BrokenIoT’ services lie in facilitating access to the BrokenIoT platform and communication on the platform in accordance with the specifications arising from these General Terms and Conditions, but not in placing jobs or in effecting a successful application.
   2. Candidates have the option to register for a free membership or a Premium Membership at cost.
   3. Upon successful and complete registration, which results in the permissible use of the BrokenIoT platform, a User obtains a personal, non-transferable and non-exclusive right to use the BrokenIoT platform via BrokenIoT’ Internet portal for the User’s own purposes in accordance with these General Terms and Conditions. Any deviating use of the BrokenIoT platform requires the explicit, separate, prior, and written consent of BrokenIoT. This applies in particular to the reproduction, as well as the paid or unpaid transfer or provision, of the BrokenIoT platform or BrokenIoT Software to third parties, or parts thereof, even if this takes place on computers that are in the possession of the User.
   4. BrokenIoT shall endeavor to make the BrokenIoT platform available without any significant interruptions. It is explicitly indicated, however, that unlimited availability is not guaranteed by BrokenIoT due to, for example, maintenance work. In particular, BrokenIoT is not responsible for downtime due to technical or other problems outside of BrokenIoT’ control (e.g. force majeure, third-party culpability, etc.). Depending on the state of technology, errors in programs cannot be ruled out even when great care has been taken.
   5. BrokenIoT assumes no guarantee or responsibility for the accuracy of the communication between Users via the BrokenIoT platform. The recipient therefore bears responsibility for verifying the accuracy and completeness of the data obtained.
   6. BrokenIoT cannot promise or guarantee successful job placement to any User.

User Obligations

1. 1. The User bears sole responsibility for the content of a profile, a job advertisement or communication. All of the User’s information must be truthful. Statements made by or actions of Users are not attributable to BrokenIoT, unless BrokenIoT actively associates itself with them in a specific case. The User is not permitted to upload sexual, pornographic, immoral, politically radical or otherwise illegal content. In particular, the User bears sole legal responsibility for the content the User submits. All documents, information and data submitted must be lawful (e.g. compliant with child protection laws, General Equal Treatment Act) and free from the rights of third parties (copyrights, ancillary copyrights, trademarks, personality rights, or other rights). Setting up or managing profiles for third parties are prohibited.
   2. Each User is obliged to confidentially handle any emails and other messages or data from other Users that the User receives in connection with the use of the BrokenIoT platform, and not to make this accessible to third parties without the consent of the author/creator.
   3. The User shall retain an up-to-date backup copy of all its offers and information placed on the BrokenIoT platform (e.g. information sent to third parties via the BrokenIoT platform), which can help enable as complete as possible a reconstruction of the database with as little effort as possible in the event of a system outage.
   4. Any use of the BrokenIoT platform for a reason other than the intended purpose is not permitted. In particular, collecting or saving data from the database, as well as using data in full, in part or extracts thereof online, for the commercial exploitation of addresses or as a basis or aid for compiling or adding to participant, address or other directories, or reading the databases online for the aforementioned purposes or for other commercial purposes is prohibited.
   5. The User is not permitted to use mechanisms, software or scripts in connection with the use of the BrokenIoT platform, as well as blocking, overwriting, modification, copying, especially copying through the use of robot/crawler search engine technologies. The User may, however, use the interfaces or software that is provided to the User as part of the BrokenIoT platform.
   6. The User shall refrain from any action that is likely to negatively impact the functionality of the BrokenIoT infrastructure, especially by overloading such infrastructure.

Limitations of Liability

1. 1. The following provisions on the limitation of BrokenIoT’ liability apply to all claims for compensation and liability cases regardless of the legal basis, except for: - Claims by the User due to damage resulting from harm to life, limb and health; - Rights and claims of the User in the case of fraudulent concealment of defects by BrokenIoT or due to a lack of a quality for which BrokenIoT has provided a guarantee; - Claims and rights of the User that are based on intentional or grossly negligent conduct by BrokenIoT, or by BrokenIoT’ legal representative or vicarious agents; and - Claims by the User pursuant to the Product Liability Act. For the above exceptions, statutory provisions shall apply.
   2. In the case of damages caused by slight negligence, BrokenIoT is only liable in the case of the infringement of cardinal obligations, i.e. obligations that must be fulfilled in order to achieve the contractual purpose or upon the compliance with which the contractual partner can regularly rely. In the case of the infringement of cardinal obligations, BrokenIoT’ liability is restricted to compensation for the typical damages foreseeable by BrokenIoT upon the conclusion of the contract. Otherwise, the liability of BrokenIoT is excluded if the cause of the damages is caused by slight or simple negligence.
   3. BrokenIoT’ liability for errors that already existed upon the conclusion of the contract is excluded, regardless of culpability, in the case of tenant/landlord and similar user relationships. BrokenIoT’ liability is also excluded in the case of indirect or consequential damages.
   4. Fixing cost benchmark and Third-Party Information, Fixing cost  benchmark or the Fixing cost information provided merely represent an estimated average value for that level among market leaders. This can vary significantly from Provider to Provider . The actual fixing cost to be earned depends on factors such as Cost negotiating skills, the Provider performance and professional experience. In addition, the size and location of the work as well as its specific needs play a role. Please note that fixing cost benchmark stated by BrokenIoT does not have an impact on the remuneration actually paid or to be earned for the Job offered by the specific Home owner. Rather, it is an estimated target cost for market leaders in the relevant segment. It is intended to serve as a guideline for Users in the assessment of open positions, the assessment of Users’ own career milestones and as support during fixing cost negotiations. This is explicitly not the salary offered or usually paid by the specific companies.

Other Provisions

1. 1. As soon as BrokenIoT has evidence of a User’s violation of statutory regulations, third-party rights, these General Terms and Conditions (e.g. by entering incorrect contact details, incorrect information about qualifications or in the case of harm to other participants) or other justified interests of BrokenIoT (hereinafter: “Suspected Abuse”), BrokenIoT reserves the right to take action against this member (e.g. advance warning, deletion of content, restriction or blocking of the user, termination). When choosing what action will be taken, BrokenIoT takes into account the operational needs of the BrokenIoT platform, BrokenIoT’s liability risks as well as the legitimate interests of any claimants and the User (e.g. capability, significance of the duty violation, risks, statement by the User). To this extent, BrokenIoT may verify the content of any text as well as each image entered and amend or delete it if necessary and where required. BrokenIoT reserves the right to take further action. These measures do not affect BrokenIoT’ statutory rights. Where required and reasonable, BrokenIoT shall grant the User a suitable timeframe for a filing a statement and shall inform the User of the measures that will be taken.
   2. The contractual relationship between BrokenIoT and the respective User is governed by the law of the U.S.A to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Legally mandatory consumer rights in the country of origin of a consumer remain unaffected.
   3. You agree to release BrokenIoT LLC , its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages arising out of or in any way connected with a dispute related to Provider, Contractor payments for the work they performed. You agree that you will not involve BrokenIoT LLC, BrokenIoT.com or BrokenIoT inc in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Provider, Contractor payments for the work they performed. If you attempt to do so, (a) you shall pay all costs and attorneys' fees of Provider, Contractor and its affiliates for the payments for the work they performed  and shall provide indemnification as set forth here, and (b) the jurisdiction for any such litigation or dispute shall be limited as set forth by Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result there from.

General Provisions for Candidates

1. 1. BrokenIoT offers Candidates the option to use the BrokenIoT platform to search for jobs, apply for jobs/positions, to establish contacts, and to recommend jobs/positions to others. A free BrokenIoT basic membership is available to each Candidate and offers the option of using the BrokenIoT software in a limited manner. BrokenIoT is a career service for qualified specialists and managers. To maintain the quality of the service, Candidates must demonstrate sufficient qualifications and provide meaningful information.                                
   2. The contract for a free basic membership is concluded upon the Candidate successfully registering with BrokenIoT.
   3. Opening and amending the profile is also free of charge. The Candidate may, free-of-charge, receive an unlimited number of contact requests from others responding to the Candidate’s profile and have restricted use of the BrokenIoT platform
   4. Should the Candidate wish to use the BrokenIoT platform in full, i.e. with all the available functions and without restrictions, the Candidate may only do so by acquiring a corresponding license for complete use of the BrokenIoT software (Premium Membership). The Candidate can start the process of obtaining a Premium Membership via a link (e.g. “Become a Premium Member now”). A contract is concluded once the Candidate has selected the duration of the Premium Membership that the Candidate desires and has accepted BrokenIoT’ offer to conclude a User Contract by clicking on the “Buy membership” button. The Candidate can correct any input errors at any time prior to registering for a customer account. After registering for a customer account, the information can be corrected under “My Account” under “Login Details” and “Payment Data”. During the process of obtaining a Premium Membership, input errors can be corrected by pressing the “forward and back buttons” in the web browser and then by entering correct information in the relevant fields.

Term and Termination of Free Membership

1. 1. Both parties have the right to terminate the contract for free membership at any time. Ordinary termination by BrokenIoT becomes effective three days after receipt of termination notice, with terminations by the Candidates taking effect immediately after receipt of termination notice. If the Candidate desires to terminate the contract, a written notification sent to BrokenIoT, an email sent to support@brokeniot.com, or the deletion of the profile is sufficient.
   2. The right to extraordinary termination remains unaffected. There is a right to extraordinary termination if - the Candidate intentionally provides false information upon registration or ordering and/or during a later amendment to the Candidate’s data - or repeatedly violates these General Terms and Conditions - and BrokenIoT has previously and fruitlessly warned the Candidate about this. BrokenIoT may take action within the period set pursuant to Clause 6.1.
   3. The right to extraordinary termination remains unaffected. There is a right to extraordinary termination if - the Candidate intentionally provides false information upon registration or ordering and/or during a later amendment to the Candidate’s data - or repeatedly violates these General Terms and Conditions - and BrokenIoT has previously and fruitlessly warned the Candidate about this.
   4. BrokenIoT may take action within the period set pursuant to Clause 6.1.

Payment Conditions for Candidates

1. 1. The payment of fees due for a Premium Membership must be made to BrokenIoT in advance without any deductions. The fee is automatically charged to or transferred from the Candidate’s account, PayPal account or credit card. The payment interval depends on the agreement that was made when the Premium Membership was concluded.
   2. By registering for the Premium Membership and entering the corresponding bank details, PayPal account details or the credit card details, the Candidate provides BrokenIoT with a mandate, until such a mandate is withdrawn, for the direct debiting of the Candidate’s account or charging of the Candidate’s credit card, at the contractually agreed-upon payment intervals, insofar as a transfer of payment was agreed upon.

Candidate Obligations

1. 1. The Candidate shall not include commercial advertising in the Candidate’s profile that is for the commercial benefit of the Candidate or for that of third parties (e.g. other websites or service telephone numbers).
   2. Photos that are submitted to BrokenIoT for publication in a profile must be up-to-date and allow the relevant User to be identified.
   3. Candidates make applications freely and are not subject to any advice, influence or instructions by BrokenIoT. In this respect, BrokenIoT does not assume any responsibility or liability towards third parties.
   4. Cancellation Policy for Consumers Right of Withdrawal You are entitled to withdraw from this contract within fourteen days without providing justification. The withdrawal period is 14 days from the day on which the contract was concluded. To exercise your right of withdraw, you must notify us (BrokenIoT, tel:1(800) 644-3632, support@brokeniot.com) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or email). It is sufficient for you to send notification that you are exercising your right of withdrawal before the expiration of the withdrawal period. Consequences of Withdrawal If your withdraw from this contract, we shall refund any payments received from you, including the shipping costs (with the exception of additional costs resulting from your choice of a different shipping method than the most economical standard delivery method offered by us) immediately and no later than fourteen days from the date of receipt of your withdrawal notice. For the refund, we shall use the same means of payment that you used for the initial transaction, unless explicitly agreed otherwise with you; under no circumstances will you be charged fees for this refund. If you requested that service commence during the withdrawal period, then you must pay us a reasonable amount which corresponds to the proportion of the services already provided in relation to the full scope of the services covered in the contract by the date on which you notify us of your exercising of your right of withdrawal in respect of this contract.