General Terms and Conditions of Across Platforms UG (haftungsbeschränkt) concerning the use of the freelance platform hirespace.io 

Effective as of: 3 March 2025 

Introduction

Welcome to Hirespace!

Hirespace is an online platform on hirespace.io (hereinafter referred to as „Hirespace” ) operated by Across Platforms UG (haftungsbeschränkt), Kanzowstr. 9, 10439, Berlin, Germany (“Across Platforms”). Hirespace is a marketplace for freelance services, designed to serve as an agency for elite marketing and creative talent (“Platform”).

These General Terms and Conditions (“GTC”) are a legally binding agreement that governs your use of Hirespace and any related acts (“User Contract”). By creating an account on Hirespace, you agree that your access and use of the platform will be governed by the GTC. 

Hirespace enables demanders („Clients“) and freelancers or agencies ("Talents”, collectively with the Clients as „Users”) of services („Projects”) to negotiate Projects and to enter a cooperation in the scope of the concluded contracts (“Project Contracts”). Clients can post and manage Projects and compare Talents. Talents can present themselves to the Clients via a profile, view and manage various Projects, submit offers and negotiate conditions. Hirespace provides the Users with a platform for this purpose. Hirespace is an exclusive B2B platform, hence solely businesses are applicable to use its services and create an account. Hirespace does not become a party to any Project Contract, but serves exclusively as an agency and a Platform for visualization, mediation and organisation of Jobs. The contracting parties, i.e. the relevant Talent and Client, are solely responsible for the content, performance and payment regarding the Project Contract. Hirespace is a Platform exclusively for the placement of freelance assignments without establishing an employment relationship as an employee. 

Hirespace ensures the quality of the services provided through quality controls during the registration process. Registration as a Talent requires proven expertise, which must be documented by the expert's previous projects and recommendations. Hirespace checks the quality of the Talents. After registration, experts receive the services specified in detail in these Terms and Conditions and will be able to bid for Projects offered by Clients.

Companies, mainly with a background in public health can register as Clients and then post Projects on the Platform. Talents will be pre-selected for these Projects, and can then submit an offer to carry out the Project. 

§ 1 Users

1.1 Object of the contract

Object of this contract is the access to Hirespace for the purposes as described in the preamble of the GTC, on which the User may present himself and contact other Users. Across Platforms creates, services and maintains Hirespace and is responsible for access of Users, however, does not become a party to any Job Contract between the Users, but solely acts as an intermediary

1.2 Eligible Users and conditions for Talent registration

Solely natural or legal persons or partnerships which have legal capacity, who are acting in exercise of their trade, business or profession when concluding the respective legal transaction (“Unternehmen” according to § 14 of the German Civil Code, Bürgerliches Gesetzbuch (BGB)) are eligible to become Users and to conclude User Contracts .

Clients may apply freely. Hirespace will review the application.

For Talents, there are two ways to apply for joining Hirespace and opening an account:

1) If a user applies through the online application (i.e. from the “Apply as talent” button)

2) They see a project posted and click the “Submit proposal” button on the project page 

In all of the above cases, the Talent will be invited to complete the application form. Upon receipt of the complete form, the application team will check whether or not the Talent meets HireSpace’s standards and requirements. If the Talent meets the standards, they will be invited for an interview. If the application team decides that the Talent is approved for the Platform, they will be asked to provide full profile details according to Section 2.4.

If the application team decides that the Talent is not admitted to join the Platform, they may reapply after six months.

It is within Hirespace´s sole discretion to decide whether to accept the application of a suitable candidate, as per the options mentioned above, to become a User of the platform.

1.3 Conclusion of User Contract

This User Contract is concluded with the completion of the online application process and use of the activation link in the verification email sent to the User by Across Platforms (“Registration”). With the Registration, the User declares and warrants that he is an eligible User as stipulated in § 1.2. 

1.4 Fees

Hirespace charges Clients no fees . Clients and Talents will negotiate the Talents’ compensation separately in Project Contracts.  Talents shall invoice Clients through the Platform. Clients shall then pay the Talents’ compensation into Hirespace’s designated accounts, e.g. Stripe.

If applicable, Hirespace charges Talents banking fees such as currency conversion fees for holding the Talents’ compensation. Hirespace deducts any applicable mandatory fees such as taxes and banking fees from the Talent’s compensation amount received by Client.

Hirespace charges Talents a commission for every Project Contract (“Service Fee”). The Service Fee is based on the Talents’ remaining compensation after the above deductions (“Service Fee”). The Service Fee is due in advance upon Client’s payment. Hirespace will retain the Service Fee and forward the remaining funds (“Net Proceeds”) to the Talent once all payment requirements under the Project Contract are met, e.g. the completion of the Project. 

The percentage of Service Fee and the respective banking fees shall be agreed in Hirespace’s pricing list, unless individually agreed when proposing a Project. Upon submitting a proposal to a Client, the Talent agrees to Hirespace’s respective pricing list at that time.

Users might have to pay other applicable taxes, customs, transaction fees, or duties imposed by other jurisdictions resulting from the Users' registered office or seat. 

§ 2 User Account, profile and content

2.1 Creation and Login Information

Upon a successful Registration the User is provided with an account, within which he can create his own profile. Each User may create a maximum of only one account or profile. The account is protected by a user name and a password („Login Information“) which are determined during the registration process. Talents should provide information and upload documents to complete their profile and present their previous work so that they can be considered for relevant projects. The documents and information include, but are not limited to:

• Profile photo depicting the person's likeness
• Previous works or examples of works such as images, documents or videos
• Details on education and/or work experience
• Details on skills and specializations
• Location of operation
• Time slots available for meetings

The User must ensure that his Login Information is not accessible to third parties. In case of loss of the Login Information, or in case of suspicion that a third party has knowledge of the Login Information or is making use of the User´s account, the User is obliged to inform Across Platforms about this immediately and to change his Login Information.

2.2 User content and indemnification

The User ensures that all content published by him on Hirespace is neither immoral, illegal, or unfair and does not violate the rights of third parties. The User confirms with the registration in particular that he has the required rights of use which are necessary to arrange for the placement and publication of the transmitted content. Across Platforms is not obligated to use the content or other material provided by the User or to store it. The User shall indemnify Across Platforms for any damages resulting from a violation of this provision upon first request. Should a third party claim Across Platforms for the violation of an obligation in the sense of this section, Across Platforms will inform the User of this. In such a case, the User shall support Across Platforms in the defence against such a claim. 

2.3 Binding account 

The account is bound to the User and cannot be transferred to a third party without the explicit approval by Across Platforms.

2.4 Completion of profile details

After admission to the Platform according to Section 1.2, the Talent has to complete their profile by providing the required information within three months. Otherwise the profile will be deleted. A Talent profile will only be activated and granted access to the services of the Platform and Project opportunities after completion of the profile.  

§ 3 Projects and Project Contracts

3.1. Project Contract nature

Users can enter into Project Contracts via Hirespace. The creation and negotiation of Projects, the related Project Contract conclusion and contractual performance are the sole responsibility of the participating Users. The Clients are responsible for setting details to the Projects they are offering. The terms and conditions of a contracting User may apply to the Project Contract. Any deadlines and appointments shall be in the timezone of the Client, unless otherwise agreed.

3.2. Relation to Across Platforms and Hirespace

Talents are not engaged by Across Platforms. Across Platforms is not a party to any Project Contract. However, this is how Across Platforms relates to a Project Contract:

a) Agreements on Projects between a registered Client and a registered Talent may only be entered via Hirespace. Hirespace will act on behalf of the sending party of a declaration, e.g. by confirming the offer for or acceptance of a Project Contract.

b) When Talent makes a proposal for a Project, he may state the desired Net Proceeds under section 1.4 and Hirespace can assist in calculating the Talent’s overall compensation by adding Hirespace’s commission and mandatory fees.

c) Hirespace will forward additional communication entered into Platform to the other Party of a Project Contract.

d) All payments under a Project must be made to the designated accounts of Across Platforms, which will forward the payments minus any commission due to Across Platforms to the Talent once the services are accepted and complete and any other payment requirements in the Project Contract are met. 

e) Any Project Contract ends immediately when the User Contract with Across Platforms ends. If the respective User caused the termination of the User Contract by either terminating without cause or causing Across Platforms to terminate, the respective User is liable towards the partner of his Project Contract for any ensuing damages resulting from the termination of the Project Contract.

§ 4 Use of Hirespace 

4.1 General obligation to comply with legal requirements

The User undertakes to comply with this GTC and applicable law, especially criminal law, competition law, trademark law, copyright law, personal rights, data protection law, laws concerning trade and economic sanctions and laws concerning the protection of young persons, and will not to violate the rights of any third party when using Hirespace. Sending messages with advertising content (especially spam-messages) without the consent of the recipient is not allowed. 

In the event that the contents posted by the User contain hyperlinks to pages of third parties, the User shall ensure that he has the authorization to use the hyperlinks and that the website to which the link is established complies with applicable laws and the right of third parties in the context this clause.

4.2 Interdiction of fake offers and bids

Hirespace is dependent on the fact that solely genuine bids and offers are posted. Therefore it is prohibited to the User to post offers or bids whose fulfilment has never been intended.

4.3 Blocking and deleting contents

Hirespace is authorized to block the access to accounts or delete certain content of Users at any given time for any reasonable cause. This is particularly applicable in case of suspected violation of the GTC or of a Project Contract, applicable laws or rights of third parties, or - in order to delete Project content - 90 days after a Project Contract ended, be it due to completion, cancellation or termination, or has not been concluded in due time. In order to retrieve Project content before deletion, parties must download such content within that time period.

4.4 Prohibition of technical interference

The User must abstain from all actions which are suited to manipulate, impair and / or excessively strain the operation of Hirespace or the underlying technical infrastructure and its functions / access possibilities. These include: the use of software, viruses, robots, scripts or databases in connection with the use of Hirespace; blocking, overwriting, modifying, copying of data and / or other contents, insofar as that it is not necessary for the correct use of Hirespace.

4.5 Contact information

The current contact information for Hirespace is available on the Platform. The User is required to provide a current email address for communication between User and Hirespace. The information provided in the profile is considered as contact information of the User. 

4.6 Data backup

Across Platforms is not obligated to store the content or other material provided by the User. The User is obliged to back up all his data on Hirespace (i.e. profile data, Project descriptions, bids etc.) himself.

4.7 Interdiction of bypassing

All fees (hourly, lump-sum or else) and Project details must be agreed upon on Hirespace. The Talents may not demand or collect any additional fees or funds outside of Hirespace. Users may not solicit or encourage other Users to create accounts on other platforms, provide their contact information, or take other actions outside of Hirespace in violation of the GTC.

§ 5 Data rights

5.1 Usage of User data

The contract entitles Across Platforms to use the User data for trend analyses and overviews and to publish them anonymously. Across Platforms will not publish content that has been marked as private to the public.

5.2 User Marketing

Across Platforms is entitled to publicly name the User as a customer for the duration of the User Contract,  as long as the User has a public profile. For this purpose, the User’s name and logo may be published at Hirespace and in the context of other marketing measures, in particular in the context of presentations, trade fair materials and brochures. For this purpose the User grants Across Platforms the right to use his logo royalty-free worldwide during the User Contract.This consent can be withdrawn at any time.

5.3 Rights to Hirespace

All intellectual property rights and related rights to the Platform Hirespace (especially trademarks, design and copyrights) reside with Across Platforms. The User may not use – privately or commercially – any parts of Hirespace or other contents whatsoever beyond the possibilities granted to himself within the context of the use of Hirespace. This particularly means that the User will not use data and information achieved via Hirespace beyond the communication in the context of an existing Project or the payment of a completed Project. It is especially prohibited to use such information for advertisement, unsolicited e-mails or other non-authorized purposes. However, Users may grant rights on their own data, content and intellectual property within Project Contracts. 

§ 6 Availability and Changes to Hirespace

6.1 Availability

It is Across Platforms´ endeavor to provide the failure free operation of Hirespace and enable Users to access the stored information. Naturally, this is limited to services which Across Platforms can influence. The User acknowledges that a complete and uninterrupted availability of Hirespace is technically not feasible so an availability of 95% of the time in any given month shall be owed during the User Contract. Nevertheless Across Platforms endeavors to keep Hirespace available as continuously as possible. There can be no claim to availability. In particular Across Platforms remains free to restrict the access to Hirespace completely or partially, temporarily or permanently due to maintenance, capacity restrictions, and due to events beyond Across Platforms’ control. Individual Users do not have any claim on the upkeep of certain functions and services of Hirespace as long as this does not impair essential contractual obligations towards the Users.

6.2 Changes to Hirespace

Across Platforms is entitled to adapt the design and presentation of Hirespace at its own discretion at any time. Across Platforms is entitled to change, supplement, or disable individual functionalities and contents of its services or disable individual functionalities and contents of its services, as long as this does not impair essential contractual obligations towards the Users.

§ 7 Contract duration / Termination of the user contract

7.1 Contract duration and notice period

The contract period of this User Contract is unlimited.

The User as well as Across Platforms may terminate the User Contract without giving reasons with a notice period of [seven (7) working days prior to the end of the month]. For this purpose it is sufficient to send an email to the other party. 

7.2 Extraordinary termination 

Both Across Platforms and the User have the right to terminate the User Contract extraordinarily for good cause at any time. For Across Platforms there shall be good cause to terminate the agreement in particular if: 

• Across Platforms becomes entitled to claim a lump-sum damage payment according to § 10, 
• if the User does not meet the due remuneration claims despite reminder,
• if the User violates his obligations according to §§ 2.3, 4.1, 4.2, 4.4, 4.7 and/or 5 of this agreement. 

7.3 Termination address

A termination must be made in writing, can be sent by e-mail and is to be directed to: 

Across Platforms UG
Kanzowstr. 9, 10439 Berlin
Germany

E-Mail: inquires@hirespace.io

7.4 Blocking access and consequences of termination

After termination of the User Contract, the User no longer has access to his account and his profile, and can no longer view information, messages, files or other contents posted on Hirespace. 

If the User terminated the User Contract without cause or if Across Platforms terminated the User Contract for cause, towards Across Platforms any running or pending Projects shall be deemed complete and Across Platforms’ commission shall be due and payable at once. The rights of the other Party of the Project under the Project Contract shall remain unaffected. Across Platforms has the right to delete contents after termination and is entitled to inform other Users of the termination of the contractual relationship with the User. Data that has not been saved will be lost upon termination. For Project content section 4.3 shall apply.

If there is a reason for extraordinary termination, Across Platforms also becomes entitled to block the User's access to Hirespace without terminating the contract. Across Platforms will remove the block if the User proves that the obligations have subsequently been fulfilled and provides credible evidence that a further breach of duty is excluded. 

The User is prohibited from registering again after an extraordinary termination or blocking by Across Platforms according to this section or § 4.3. 

Due fees under 1.4 shall remain due after the end of the contract. §§ 8 through 10 and 12 shall survive the end of the contract.

§ 8 Liability

1. Limitation of liability

Across Platforms is fully liable for all damages that are grossly negligently or deliberately caused by Across Platforms, its legal representatives, executive staff or vicarious agents as well as for at least slightly negligently caused damages caused by injuries to health, body or life or under the Product Liability Act as well as the lack of guaranteed properties. The liability for damages caused by a slight negligent breach of major contractual obligations is limited to damages which are typical to this kind of contract. A major contractual obligation is one that is essential to the execution of the contract and that the User may and do typically rely on. Any further liability on the part of Across Platforms is excluded.

8.2 Disclaimers of Warranties

Across Platforms takes no responsibility for any failure of use or suitability of Hirespace caused by the data input by the User, or by failure of the User to enter data properly.

Hirespace is provided “as is,” and Across Platforms makes no any additional warranties, express, implied, arising from course of dealing or usage of trade, or statutory, as to any software or documentation provided hereunder, or any matter whatsoever. The parties disclaim all implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, and noninfringement. Across Platforms in particular makes no warranty: (i) with respect to Hirespace’s availability, (ii) that Hirespace will meet any requirements not specifically set forth herein, (iii) that the operation of Hirespace will be uninterrupted or error-free, or (iv) that all errors will be corrected.

Across Platforms makes no warranty as to the completeness or correctness of any list, Project description, information or data that the User is shown within Hirespace. Across Platforms makes no warranty as to whether the Talents will obtain any Client engagements through use of Hirespace, or as to the quality of such engagements. Across Platforms disclaims any responsibility for acts or omissions of Users. Across Platforms makes no representations or warranties as to the suitability or financial wherewithal of the Clients. 

§ 9 Confidentiality

The Users and Across Platforms agree to keep strictly confidential, and not to disclose to any third party, all information that they receive directly or indirectly which is of a technical, financial or other commercial or confidential nature to which they are exposed in the use of Hirespace, including information by other Users, whether in a Project Contract or not (“Confidential Information”). The parties further agree to use Confidential Information solely for the purposes described in these GTC and the applicable privacy policy. Confidential Information includes, without limitation, any information that is marked as confidential or that could reasonably be expected to be considered confidential, including without limitation information about Projects, fees, and Login Information.

Confidential Information hereunder does not include information that can clearly be established: (i) is in the public domain (unless such information is public as a result of a breach by the User), (ii) was disclosed to the respective party by a third party that is not subject to confidentiality obligations or (iii) was known to the respective party prior to the disclosure or (iv) if the relevant party is required by an applicable law, regulation or court order to disclose Confidential Information to the extent necessary to comply with the respective legal requirement.

§ 10 Lump-sum damage payment

In case of specific infringements listed below, each concerned User is obliged to pay a lump-sum damage in the amount of  500,00 EUR or, if applicable, a higher set amount in the list of clauses below, unless he is not responsible for the violation in question. Across Platforms´ right of claim for damages beyond these remains unaffected. Users are allowed to provide proof that no damage has occurred or has occurred to a significantly lower extent. The lump-sum damage payment accrues in case of

• violations of the prohibition to create more than one account (§ 2.1) as a Client and/or Talents according to § 2.3
• violations of the Users’ obligations under § 3.2 with a payment in the amount of 2.000,00 EUR
• violations of the prohibition to make fake offers and bids according to § 4.2 or of the prohibition of bypassing according to § 4.7
• infringements as defined in § 7.2 of these GTC
• violations of the prohibition of re-registering after termination, resp. blocking by Hirespace according to § 7.4 
• breach of the obligation of confidentiality according to § 10

§ 11 Updates/ Changes

11.1. Unilateral changes without User’s consent

Across Platforms reserves the right to modify, to amend or to redraft the existing GTC at any time. Adjustments in case of implementation of changes in applicable law, correction of editorial errors, inclusion of new products, clarification of clauses to facilitate interpretation of the contract do not require the consent of the User and shall be valid when announced to the User. 

11.2. Changes with User’s deemed consent and with explicit consent

Any other change of the GTC shall require the User’s consent. Planned changes or amendments to the General Terms and Conditions will be announced to the User by email to the address provided by him at the latest four weeks before the planned entry into force. In case of changes that do require the Users’ consent, but that do not change the equilibrium of the User Contract, theUser's consent to the supplement or amendment shall be deemed to have been granted if he does not object to the amendment in writing (e.g. letter, fax, e-mail) within a period of two weeks, beginning on the day following receipt of the amendment notice. Hirespace undertakes to expressly point out in the notification of change the possibility of objection, the deadline for objection, the written form requirement and the consequences of not objecting. If the User objects to the supplement or change in due form and time, the contractual relationship shall be continued under the previous conditions.

11.3. Consequences of lacking consent

If the consent under 11.2 is not given, either party may terminate the User Contract for cause.

§ 12 Final provisions

12.1 Applicable law and court of jurisdiction

German law shall apply to these GTC and the User Contract without the CISG provisions.  Both Parties agree to attempt mediation before pursuing further legal action.

The jurisdiction and venue for actions related to the subject matter hereof will be the competent court in Berlin, Germany and both parties hereby submit to the personal jurisdiction of such court. 

12.2 Salvatory clause

Should one of the provisions of this contract be or become wholly or partially invalid or be or become invalid or unenforceable in whole or in part, the validity of the remaining shall not be affected thereby. The parties to the contract undertake to replace the invalid or unenforceable provision by a valid or enforceable provision which comes as close as possible to the invalid or unenforceable provision in economic terms and which best corresponds to the purpose of the contract. The same shall apply to any unintended contractual gap in the contract.

12.3. Entire Agreement

This Agreement including its Annexes constitutes the entire agreement between the Parties and supersedes all prior agreements.