Terms

(1) These general terms and conditions (“Terms”) of march second GmbH, Hornau 9, 87600 Kaufbeuren, Germany (“Provider”), apply to all contracts on the use of the Blosto software concluded between the Provider and business customers (“Customer”).

(2) Business customers within the meaning of these Terms are natural or legal persons or partnerships with legal capacity who, when concluding the contract, act in the exercise of their commercial or self-employed professional activity.

(3) Deviating, conflicting, or supplementary general terms and conditions of the Customer only become part of the contract if and to the extent that the Provider has expressly agreed to their application in writing.

(1) The subject of the contract is the temporary provision of the Blosto software as Software-as-a-Service (SaaS) for use via the internet, together with related support services.

(2) Blosto is a software that supports companies and recruiting firms in hiring through candidate search, AI-supported evaluation of candidates against criteria defined by the Customer, and automated candidate outreach via email and LinkedIn.

(3) The functional scope of the software follows from the service description on the website www.blosto.com in its current version.

(1) The Customer bears sole responsibility for using the software in compliance with the law, in particular with regard to cold outreach via email and LinkedIn.

(2) The Provider accepts no liability whatsoever for warning letters, fines, claims for damages, account suspensions by third-party platforms, or other legal consequences that the Customer may incur from using the software for cold-outreach activities.

(3) Before using the software, the Customer is obliged to inform themselves about and comply with the applicable legal provisions, in particular the German Act Against Unfair Competition (UWG), the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and the German Telecommunications Digital Services Data Protection Act (TDDDG), as well as the terms of use of the platforms used (in particular LinkedIn).

(4) The Customer indemnifies the Provider against all third-party claims resulting from unlawful use of the software by the Customer, including the reasonable costs of legal defence.

(5) The software serves exclusively as a technical tool. The decision on the nature and extent of contacting candidates rests solely with the Customer.

(1) The presentation of the software on the website does not constitute a legally binding offer but an invitation to place an order.

(2) The Customer can choose between different licence models (monthly or yearly). By completing the order process in the application or accepting an individual offer, the Customer submits a binding offer to conclude a usage contract.

(3) The Provider may accept the Customer's offer within 5 business days by sending an order confirmation by email or by activating access to the software.

(1) For the duration of the contract, the Customer receives a non-exclusive, non-transferable, non-sublicensable right to use the software within the scope of these Terms.

(2) Use is limited to the number of users agreed in the contract. Each licence entitles one named user to use the software.

(3) The Customer is not entitled to reproduce, modify, decompile, or reverse-engineer the software unless expressly permitted by law.

(1) The Customer is obliged to pay the agreed usage fees on time, to keep access credentials confidential and protect them against unauthorized access, to use the software only for lawful purposes, not to send spam messages, to comply with applicable data protection provisions, and to make regular backups of the data they contribute.

(2) The Customer is liable for all activities carried out under their access credentials.

(1) The amount of the fee depends on the chosen plan, the number of user licences, and the chosen billing interval (monthly or yearly). The prices agreed at the conclusion of the contract or displayed in the order process are decisive.

(2) All prices are exclusive of statutory VAT.

(3) Payment is made by direct debit, credit card, or bank transfer. For monthly payment, the fee is due in advance at the beginning of each month. For yearly payment, the total amount is due in advance.

(4) In the event of default of payment, the Provider is entitled to block access to the software.

(1) The Provider warrants an availability of the software of 99% as an annual average. Excluded from this are downtimes due to maintenance work announced in good time.

(2) The Provider remedies defects of the software within a reasonable time after notification by the Customer.

(3) The warranty lapses if the Customer uses the software in breach of the contract or makes unauthorized modifications.

(1) The Provider is liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act.

(2) For slight negligence, the Provider is only liable in the event of a breach of a material contractual obligation (cardinal obligation) whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. In this case, liability is limited to the typically foreseeable damage.

(3) Liability for data loss is limited to the typical recovery effort that would have occurred if backup copies had been made regularly and in a manner appropriate to the risk.

(4) The above limitations of liability do not apply to injury to life, body, or health.

(1) For monthly payment, the minimum contract term is one month and is automatically extended by one further month at a time unless terminated with 14 days' notice to the end of the month.

(2) For yearly payment, the minimum contract term is one year and is automatically extended by one further year at a time unless terminated with one month's notice to the end of the contract term.

(3) The right to extraordinary termination for good cause remains unaffected.

(4) Terminations must be made in text form (email is sufficient).

(1) The Provider processes personal data of the Customer and its users exclusively within the scope of the privacy policy and in accordance with the applicable data protection provisions.

(2) Insofar as the Provider has access to personal data in the course of providing its services, it acts exclusively as a processor and will process this data only on the instructions of the Customer.

(3) Upon request, the parties conclude a separate data processing agreement.

(1) The Provider reserves the right to amend these Terms if this becomes necessary due to changes in legislation, case law, or economic circumstances.

(2) Changes will be communicated to the Customer by email at least six weeks before they take effect. If the Customer does not object within four weeks of receipt of the notification, the changes are deemed accepted.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction for all disputes arising from this contract is Kaufbeuren, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.