Your Mellon Logo
Flag of Germany DE

Terms and conditions

A. General Terms and Conditions for the Use of the “YM Recruitment” Software of Your Mellon Group Cloud Services and Human Resources Consultancy – FZCO and Its Services

§1 Definitions, Scope, and Operator Information

(1) The following General Terms and Conditions (GTC) are addressed to employers and staffing service providers and recruiters (hereinafter collectively referred to as “Users”) and apply to all offers and contracts of Your Mellon Group Cloud Services and Human Resources Consultancy – FZCO, Dubai A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates (hereinafter referred to as the “Service Provider” or “YOUR MELLON GROUP”).

(2) These GTC apply in particular to the services of the company yourmellon.group (hereinafter also referred to as “YOUR MELLON GROUP” or “SOFTWARE”), regardless of the Internet domain, web application, or web service through which the service is accessed or provided. To the extent that these GTC refer to yourmellon.group, this shall also include other Internet domains, web applications, or web services that refer to yourmellon.group or reproduce the service associated with it.

(3) A consumer is any legal entity that enters into a legal transaction for purposes that are predominantly outside its trade, business, or independent professional activity. A User is any natural person, legal entity, or partnership with legal capacity that enters into a legal transaction in the exercise of its trade, business, or independent professional activity.

(4) The offer of YOUR MELLON GROUP is expressly directed at companies, temporary employment agencies, and recruitment agencies or staffing service providers.

(5) These GTC are divided into a general section for Users of the software, set out under A., and additional special terms for paid services and offerings for Users (PLANS), set out under B. The service description, contract term, and prices for the individual YOUR MELLON GROUP PLANS are set out under C. Service Description. All contractual documents are hereinafter collectively referred to as the “GTC”.

(6) The responsible service provider and contractual partner for all contracts connected with the use of the website yourmellon.group and other YOUR MELLON GROUP websites is Your Mellon Group Cloud Services and Human Resources Consultancy – FZCO, Dubai A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates. Further contact details and provider information can be found in the legal notice at https://yourmellon.group/en/legal.

(7) By registering on yourmellon.group, the User accepts these GTC. Any deviating provisions shall not apply unless expressly agreed otherwise. Individual contractual agreements shall always take precedence over these GTC.

(8) License: A license is a contractually granted right to use software or intellectual property, which generally allows the licensee to possess, reproduce, or, under certain conditions, transfer a copy of the licensed subject matter. A license may be exclusive or non-exclusive and often includes more extensive rights than a mere right of use.

(9) Right of Use: A right of use means a limited-term permission to use software or a digital service under a contract, without any transfer of ownership or permanent license rights in the software. A right of use is non-transferable, non-sublicensable, and expires upon termination of the contractual relationship.

§2 Subject Matter of the Contract

General

(1) YOUR MELLON GROUP is a web-based software solution for recruiting skilled professionals in the European and non-European labor markets and is intended for Users (employers and staffing service providers and recruiters).
Using the software’s communication and presentation functions, Users have the opportunity to search specifically for skilled professionals in the global labor market beyond Germany and to promote themselves. Through the communication interfaces of its software and its international focus, YOUR MELLON GROUP offers skilled professionals from abroad, in particular from other European countries, a simple and modern cross-border way to make contact and communicate with employers, including when submitting application documents. In this context, YOUR MELLON GROUP itself does not act as an intermediary and assumes no contractual obligations whatsoever with regard to initiating or, where applicable, later establishing an employment relationship. Through its software and related services, YOUR MELLON GROUP merely provides the prospective parties to an employment contract with the technical framework for self-presentation, simplified initiation of contact, and communication exchange.

(2) To achieve this purpose, employer profiles are made available via the software and employee profiles via the software & app on the website www.yourmellon.group, allowing Users to present their profiles in various ways and enabling protected communication between employers and employees. Various search applications, among other tools, facilitate easier contact. Communication is only possible between employers and employees, not between employees themselves. YOUR MELLON GROUP is therefore expressly not a social network, but purely a professional software platform or career network.

(3) The User profiles on YOUR MELLON GROUP are the core element of the software and reflect the respective User’s identity within the network. Since YOUR MELLON GROUP merely provides the technical framework for its Users through the software, it has no influence whatsoever on the content of the User’s published data, the transmission path including the transmission of data, or the data approval process. In particular, Internet access required to use YOUR MELLON GROUP’s services does not form part of YOUR MELLON GROUP’s scope of performance. The User alone determines the content and scope of the published data in the User profile and bears full responsibility for it.

User Profiles

(4) Users may choose between three paid PLANS (Basic, Professional, and Business) and create an employer profile on the portal with different presentation, information, communication, and interaction options in order to promote their company and connect with employees worldwide. The employer profile is public and visible on the Internet outside the www.yourmellon.group network. This allows the employer profile and, where applicable, additionally posted job advertisements or promotional ads to be found by job-seeking skilled professionals via search engines on the World Wide Web. The various PLANS for Users are regulated in detail in these GTC, in the special section under B. Booking the Different PLANS for Users in YM Recruitment.

(5) YOUR MELLON GROUP’s services are free of charge for employees. By registering free of charge, employees simultaneously obtain a free basic membership, which enables them to create an employee profile via the application or web app and to use the other communication and interaction features of YOUR MELLON GROUP. The employee profile is published only on the software or career network and is otherwise not public. Accordingly, the employee profile is visible only on YOUR MELLON GROUP’s software to registered Users.

(6) The User profile represents the company or staffing service provider and recruiter personally, which is why each User is permitted to create only a single User profile. Duplicate profiles are expressly prohibited and entitle YOUR MELLON GROUP to delete the User profiles and exclude the User from YOUR MELLON GROUP’s services or PLANS. In particular, the User may not make their User profile available to third parties or allow third parties to use it.

Further Services of YOUR MELLON GROUP / Service Descriptions

(7) The subject matter and scope of the paid PLANS bookable on YOUR MELLON GROUP are otherwise determined by the respective service descriptions of the selected PLANS (Basic, Professional, and Business). These are set out in these GTC under C. Service Description.

(8) The User shall always be informed in advance if a service is subject to payment before using it and placing an order that triggers costs. To initiate an order process, the User must separately confirm the payment obligation associated with a paid service by clicking the confirmation field presented during the order process, which contains a clear indication of the payment obligation.

§3 Conclusion of Contract: Creation of a User Account

Contracts on YOUR MELLON GROUP

(1) Unless otherwise agreed, German shall be the contractual language for the conclusion and performance of contractual relationships established with YOUR MELLON GROUP. YOUR MELLON GROUP also offers its Users English as an additional contractual language.

(2) The right of use granted to the User may only be exercised by one legally independent company at a time (§ 1 para. 3). Simultaneous use of the same right of use by multiple companies, corporate groups, or subsidiaries constitutes a material breach of contract and entitles YOUR MELLON GROUP to terminate the contract without notice. Further claims for damages remain unaffected.

(3) None of the services offered by YOUR MELLON GROUP constitutes a legally binding offer; rather, they are merely an invitation for the User to submit an offer. By completing a registration or ordering process, the User submits an offer to conclude a usage agreement for the use of the relevant YOUR MELLON GROUP PLAN. YOUR MELLON GROUP accepts this offer only by signing the offer sent to the User or by activating the User account or providing the service. Only upon such acceptance is a usage agreement concluded between the User and YOUR MELLON GROUP with the content of the selected PLAN and the corresponding GTC, which the User must confirm.

Creation of a User Account

(1) The User clicks the “Request Demo” button on the website www.yourmellon.group.

(2) The User enters their details (first name, last name, business email address, telephone number, company, position, country) and agrees to the processing of this data in accordance with our [Privacy Policy].

(3) Staffing service providers and recruiters (cf. § 1 para. 1) only receive a right of use after successfully completing a verification process carried out by YOUR MELLON GROUP. For this purpose, YOUR MELLON GROUP may require proof of identity, proof of business registration, or additional documents. Use of the software is prohibited until this process has been completed; YOUR MELLON GROUP is entitled to block or delete a User account until successful verification has been completed.

(4) After entering the data, the User clicks the “Schedule Demo” button.

(5) The User is redirected to a scheduling page (e.g. Calendly) to select a demo appointment.

(6) The appointment is confirmed automatically.

(7) The User attends the demo, during which the software’s functions are explained.

(8) The User decides on a pricing plan.

(9) The support team prepares an individual offer and sends it to the User.

(10) The User signs the offer and sends it back. The contract is concluded when YOUR MELLON GROUP confirms acceptance of the offer.

(11) YOUR MELLON GROUP creates a payment link and sends it to the User.

(12) The User transfers the amount for the software’s annual membership.

(13) Once payment has been received, the User receives an activation link by email, which they can use to activate their user account. The User must create a password and confirm it by clicking the “Create Account” button.

§4 Responsibility and Obligations of the User

(1) The User is solely responsible for the content of their registration and the data provided in the User profile. The User undertakes and represents that they will provide only truthful information in their profile entry and that their published data and content will not violate applicable law or third-party rights. In particular, the User is prohibited from:

(2) Violations of the obligations set out in § 4 para. 1 may result in civil and criminal action and may also lead to immediate termination of the usage agreement with YOUR MELLON GROUP. In this respect, YOUR MELLON GROUP is entitled to remove impermissible data and content from the platform without prior notice to the User; there shall be no further obligation to publish such content.

(3) The company logo published on the User profile must represent the registered User and must be clearly recognizable. The display of images of third parties or other beings is expressly prohibited.

(4) Misleading names, as well as pseudonyms or stage names, are not permitted as profile names.

(5) The User undertakes to refrain from harassing conduct, in particular with regard to suggestive or sexually explicit communication, chain letters, etc., even if such conduct does not specifically violate any laws. Likewise, the User undertakes to refrain from conducting, advertising, or promoting multi-level sales measures (such as multi-level marketing or multi-level network marketing).

§4a Right of Use for the SaaS Software

(1) YOUR MELLON GROUP grants the User a simple, non-exclusive, non-transferable, and non-sublicensable right to access the “YM Recruitment” software exclusively via the provided web service and to use it within the scope of the contractually agreed SaaS service.

(1a) The right of use may only be exercised by one legally independent company at a time (§ 1 para. 3). Simultaneous use of the same right of use by multiple companies, corporate groups, or subsidiaries constitutes a material breach of contract and entitles YOUR MELLON GROUP to terminate the contract without notice. Further claims for damages remain unaffected.

(1b) This does not affect the transfer of data generated during use (e.g. leads, candidate profiles) to third parties within the scope of contractual recruitment activities. However, this does not include granting direct software access (access credentials, sublicensing) to third parties.

(2) The software is provided as a cloud-based service (Software-as-a-Service, SaaS). No ownership or other permanent rights in the software or its code are transferred. The User does not receive a license in the copyright law sense, but merely a limited-term right of use for the duration of the contract. Local installation, reproduction, or any other independent use is excluded.

(3) The User may use the software exclusively for its own business purposes and is in particular not entitled to:

(4) All intellectual property rights in the software, including source code, user interface, database structures, and documentation, shall remain exclusively with YOUR MELLON GROUP.

(5) Exclusion of commercial exploitation: The User is expressly granted no right to commercially exploit the software or substantial parts thereof. Use of the software is limited exclusively to internal business use. In particular, the User is prohibited from reproducing, distributing, modifying, reverse engineering, or granting sublicenses in respect of the software or parts thereof.

§4b Ownership Rights and Intellectual Property

(1) All rights, title, and interest, as well as all copyrights, design rights, database rights, patents, inventions, know-how, trade and business names, trade secrets, and other intellectual property rights (whether registered or unregistered) in the “YM Recruitment” software and its content shall belong exclusively to YOUR MELLON GROUP and/or its licensors.

(2) No ownership rights in the software or its components are transferred to the User under this contract. The User receives only the right of use defined in § 4a for the duration of the contract. All rights not expressly granted remain with YOUR MELLON GROUP.

(3) Any use of the software beyond the contractually agreed purposes is not permitted. In particular, the User is prohibited from obtaining its own proprietary rights or intellectual property through use or analysis of the software.

(4) Violations of these provisions may result in legal action, including immediate termination of the contract and the assertion of claims for damages.

§4c Use of Leads and Generated Data

(1) To the extent that the “YM Recruitment” software is used to generate leads, candidate data, or contact data, such data shall be made available to the User as part of the scope of services for internal use within the framework of its recruitment business.

(2) The use of data obtained through the software, including leads, entitles the User to use such data for its own recruitment activities. However, such use does not constitute any extension of the contractual rights of use granted in relation to the software.

(3) Any disclosure of leads or data to third parties requires the express written consent of the licensor unless this is strictly necessary for the performance of the internal recruitment business.

(4) The specific scope of data use, data processing, and data publication is governed by YOUR MELLON GROUP’s Privacy Policy (see https://yourmellon.group/en/privacy-policy).

Usage Rights and Copyrights

(1) In relation to the User, YOUR MELLON GROUP is the sole legal owner of the reproduction, distribution, adaptation, and all copyright rights, as well as the right of intangible transmission and reproduction, in the YOUR MELLON GROUP website and its individual content. The use of YOUR MELLON GROUP’s services, including all content, materials, and brand names, is permitted exclusively for the purposes stated in these GTC.

(2) By posting or uploading their personal data, information, or other content (e.g. photos, company logos, etc.), the User grants YOUR MELLON GROUP, free of charge and to the extent permitted by law, a non-exclusive, unlimited right of use in terms of time, territory, and content, which shall continue beyond the end of the membership. This right of use includes in particular the right to publish, process, and transmit the data in order to provide YOUR MELLON GROUP’s service and make the platform’s functions usable for the User.

(3) Further details on data collection, processing, and use are governed by YOUR MELLON GROUP’s Privacy Policy, available at https://yourmellon.group/en/privacy-policy.

Reference Customer Advertising on YOUR MELLON GROUP

(1) Unless otherwise agreed, YOUR MELLON GROUP is entitled to name Users of the software as reference customers on the software and to publicly advertise them on the platform (homepage) using their names, trademarks, and, where applicable, logos. For this purpose, YOUR MELLON GROUP shall be granted the necessary rights of use, in particular rights to names, trademarks, and copyrights (including in brand names and logos). To this extent, the customer relationship with the User or company shall not be subject to confidentiality.

Changes to Services

(1) YOUR MELLON GROUP reserves the right to change the services it offers or to provide deviating services, provided that this does not result in unreasonable disadvantage to the User or impair material contractual obligations.

(2) In particular, YOUR MELLON GROUP is entitled to change the appearance of the software and the content of the services offered or to provide deviating services,

(3) Changes that have no material effect on the software’s functions and YOUR MELLON GROUP’s performance obligations shall not constitute changes to services within the meaning of these GTC. This applies in particular to changes to the platform’s appearance, changes to the arrangement of functions, and modifications to graphical representations or illustrations.

Changes to the GTC

(4) YOUR MELLON GROUP is entitled to amend these GTC at any time and without stating reasons, provided that the amendment does not result in unreasonable disadvantage to the User and does not affect material contractual obligations (cardinal obligations). This is the case in particular,

(5) YOUR MELLON GROUP shall inform its Users in due time of any forthcoming amendments to the GTC. If the User does not object to the amendments within 4 weeks after notification, the amended GTC shall be deemed accepted by the User.

The User shall be informed by YOUR MELLON GROUP, as part of the notification, of their right to object and the objection period. Independently of this, YOUR MELLON GROUP shall announce any amendment to the GTC in the User area and give the User the opportunity to provide express consent.

(6) The User’s right to terminate remains unaffected by any changes to the services or the GTC.

§5 General

Preamble

These General Terms and Conditions (hereinafter the “GTC”) govern the use of the “YM Recruitment” software provided by YOUR MELLON GROUP. The software is intended exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), including temporary employment agencies, recruitment agencies, and other legal entities acting in the course of their commercial or independent professional activities. Consumers within the meaning of Section 13 BGB are excluded from using the software.

Membership, Subscription Plans, and Rights of Use for the YM Recruitment Software

(1) Commencement and Term of Membership

The paid membership for the use of the “YM Recruitment” software is concluded on the basis of the billing model selected in the order form. The contract term is either twelve (12) months in the case of annual payment or indefinite in the case of monthly payment. The term selected in the relevant order form shall be decisive. In the case of annual payment, the contract shall automatically renew for additional twelve (12) month periods unless terminated in writing no later than 60 days before the end of the term. In the case of monthly payment, the contract may be terminated effective at the end of any calendar month; notice of termination must be received no later than 14 days before the end of the relevant month.

The software is intended exclusively for companies, temporary employment agencies, recruitment agencies, and staffing service providers (hereinafter “Users”).

Users may choose between three different PLANS: Basic, Professional, and Business.

The central element of the software is the so-called credit system. This allows Users, after first viewing relevant candidate information, to unlock CVs or candidate profiles. Which candidate data can be viewed before unlocking is specified in detail in the service description. In addition, Users may purchase further rights of use for additional users. The number of users possible per PLAN is not limited, allowing companies to adapt the software flexibly to their specific requirements. The three PLANS differ in particular with regard to the number of available credits and additional functionalities, which are also defined in more detail in the service description.

(2) Termination of Membership

The membership may be terminated extraordinarily at any time by either the Users or YOUR MELLON GROUP for good cause. The right to extraordinary termination remains unaffected. Ordinary termination is governed by the selected payment model:

Users may give notice of termination by notifying YOUR MELLON GROUP or by requesting deletion of their user profile in the administration area of their user account. Following an effective termination, the user account shall be irrevocably deleted and access to the software shall be blocked. To protect against unauthorized deletions by third parties, YOUR MELLON GROUP may require identity verification of the terminating User. In such case, the User is obliged to provide the necessary evidence, for example a copy of an identity card.

(3) Service Description and Credits

The service description of the software, including the details of the Basic, Professional, and Business PLANS and the precise definition of the credit system, is set out in a separate document. This service description forms an integral part of these General Terms and Conditions and serves to provide transparent information to Users. It also specifies which candidate data can be viewed before unlocking.

Through the clear structure of the various PLANS and the option to add individual user rights, the software offers companies a flexible solution for managing their recruiting processes.

(4) Upgrades, Rights of Use, and Additional Credits for Users in YM Recruitment

(1) Paid membership in one of the PLANS (“Basic,” “Professional,” or “Business”) is concluded in accordance with the payment model selected in the order form—either with a fixed term of twelve (12) months (in the case of annual payment) or with a minimum term of four (4) months from the start of the contract (in the case of monthly payment). Thereafter, the contract continues for an indefinite period with monthly billing. During the current contractual term, an upgrade to a higher-value PLAN may be made at any time.

(2) Upon an upgrade, the contract for the higher-value PLAN begins on the day of the upgrade and runs—depending on the original billing model—either for a new term of twelve (12) months (in the case of annual payment) or continues as a contract terminable on a monthly basis (in the case of monthly payment, after expiry of the minimum term). The previous contractual term shall be replaced by the new contractual term. Any amount already paid for the previous PLAN shall be credited pro rata against the cost of the new PLAN. Ordinary termination before expiry of the new contractual term (in the case of annual payment) is not possible.

(3) The PLANS include a monthly credit allocation per user:

The total number of credits increases according to the number of users assigned to a PLAN.

(4) Credits are valid only during the contractual term and may only be used within that term. Unused credits from one month are automatically carried forward to the following month, but shall expire no later than upon expiry of the contractual term or upon termination by the User.

(5) Users are not required to choose a higher PLAN, but may expand their existing PLAN at any time by purchasing additional “Extra Credits” – regardless of whether the monthly allocation has already been exhausted or not.

(6) The purchased additional “Extra Credits” may only be used during the contractual term. Unused credits shall expire upon expiry of the contractual term or in the event of termination by the User and may neither be refunded nor transferred.

§6 Termination and Suspension for Good Cause

(1) Notwithstanding any other provisions regarding contract term and termination, the right of both contracting parties to terminate the contractual relationship extraordinarily at any time without notice for good cause shall remain unaffected. Good cause for extraordinary termination exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until expiry of the ordinary notice period cannot reasonably be expected of the terminating party.

(2) Unreasonableness within the meaning of paragraph (1) shall exist for YOUR MELLON GROUP in particular if the User:

(3) If good cause exists, YOUR MELLON GROUP may, irrespective of its right to terminate the usage agreement without notice, take the necessary measures on the platform to remedy the situation caused by the User. In particular, YOUR MELLON GROUP is entitled to issue a warning to the User, delete or block the content concerned, and temporarily exclude the User from the portal by blocking the user account until the matter has been clarified.

§7 Responsibility for Data, Content, and Availability of the Platform

(1) YOUR MELLON GROUP has no influence whatsoever on the data published and content provided by its Users (employees, companies, temporary employment agencies, and recruitment agencies or staffing service providers). Users are personally responsible for such data and content. In particular, YOUR MELLON GROUP assumes no warranty whatsoever for the identity of its Users or for the data and content published by them, including that such data and content are true, fit for a particular purpose, or capable of serving such a purpose. YOUR MELLON GROUP also has no influence over the content of linked websites outside YOUR MELLON GROUP.

(2) YOUR MELLON GROUP always endeavors to prevent misuse of its platform and to stop conduct by its Users that violates the contract or the law. To the extent that misuse of the platform or corresponding User conduct in breach of contract or law is identified, it may be reported to YOUR MELLON GROUP. YOUR MELLON GROUP shall then take the necessary steps to review and, where applicable, remove the reported misconduct or content.

(3) With regard to data and content published by Users on YOUR MELLON GROUP, it is possible that such data and content may be stored by Users or third parties, to the extent the data is also made publicly available outside the network. YOUR MELLON GROUP is under no obligation to prevent third parties from storing data available within the career network and publicly accessible data.

(4) Through its platform, YOUR MELLON GROUP merely provides the technical framework for communication between its Users and does not participate therein. If Users conclude contracts with one another via YOUR MELLON GROUP’s platform, YOUR MELLON GROUP is involved neither as an intermediary nor as a contractual party. Users are solely responsible for the handling and performance of the contracts concluded between them. YOUR MELLON GROUP excludes any and all involvement in and liability for contracts concluded between Users.

(5) The User acknowledges that YOUR MELLON GROUP cannot technically guarantee 100% availability of the portal, but endeavors to ensure the greatest possible continuity of availability. Maintenance, security, or capacity concerns, as well as events beyond YOUR MELLON GROUP’s control (such as disruptions to public communications networks, power outages, etc.), may lead to disruptions or to the temporary suspension of YOUR MELLON GROUP’s service. To the extent permitted by law, all claims against YOUR MELLON GROUP arising from impairments and/or interruptions, regardless of the legal basis, are excluded.

§8 Indemnification

(1) The User shall indemnify and hold harmless YOUR MELLON GROUP from and against all rights and claims asserted by third parties or public authorities against YOUR MELLON GROUP due to an infringement of rights by the User or based on a breach by the User of obligations imposed under this contract or a violation by the User of applicable data protection provisions.

(2) If YOUR MELLON GROUP is subjected to judicial or extrajudicial claims by third parties or authorities due to an infringement of rights by the User, a breach by the User of obligations imposed under this contract, or a violation by the User of applicable data protection provisions, the User shall also reimburse YOUR MELLON GROUP for all reasonable costs thereby incurred, including the costs of legal defense.

(3) Any further rights and claims for damages of YOUR MELLON GROUP shall remain unaffected.

(4) The foregoing obligations of the User shall not apply to the extent the Customer is not responsible for the relevant infringement of rights.

§9 Liability of YOUR MELLON GROUP

(1) YOUR MELLON GROUP shall be liable without limitation in accordance with the statutory provisions for damage to life, body, and health resulting from a negligent or intentional breach of duty by YOUR MELLON GROUP, its legal representatives, or vicarious agents, as well as for damages covered by liability under the Product Liability Act or in the event of a violation of the General Data Protection Regulation (GDPR).

(2) For damages not covered by paragraph 1 and resulting from intentional or grossly negligent breaches of contract as well as fraudulent conduct by YOUR MELLON GROUP, its legal representatives, or vicarious agents, YOUR MELLON GROUP shall be liable in accordance with the statutory provisions. In such case, however, liability for damages shall be limited to the foreseeable damage typically arising, unless YOUR MELLON GROUP, its legal representatives, or vicarious agents acted intentionally. To the extent YOUR MELLON GROUP has provided a guarantee as to the quality or characteristics of its services, YOUR MELLON GROUP shall also be liable within the scope of such guarantee. However, for damages based on the absence of the guaranteed quality or characteristics that do not directly attach to the performance itself, YOUR MELLON GROUP shall only be liable if the risk of such damage is clearly covered by the guarantee as to quality or characteristics.

(3) YOUR MELLON GROUP shall also be liable for damages caused by simple negligence to the extent such negligence concerns the breach of contractual obligations whose fulfilment is of particular importance for achieving the purpose of the contract. However, YOUR MELLON GROUP shall only be liable insofar as the damages are typically associated with the contract and were foreseeable.

(4) Any further liability is excluded regardless of the legal nature of the asserted claim; this applies in particular also to tort claims or claims for reimbursement of futile expenses in lieu of performance.

(5) To the extent YOUR MELLON GROUP’s liability is excluded or limited, this shall also apply to the personal liability of YOUR MELLON GROUP’s employees, workers, staff members, representatives, and vicarious agents.

§10 Data Protection

(1) YOUR MELLON GROUP shall collect, process, and/or use personal data of its Users only if and to the extent the User has consented or this is permitted by law.

(2) The use of personal data on the basis of legal permission takes place in particular in connection with the performance of YOUR MELLON GROUP’s contractual obligations toward its Users (cf. Art. 6 para. 1 lit. b GDPR). In the context of providing the service and using YOUR MELLON GROUP’s functions, the processing of personal data as well as other data provided by the User is necessary.

(3) A core element of YOUR MELLON GROUP’s offering is the possibility of exchanging information and communicating between employers and employees. In this context, Users may transmit personal data (such as application documents including CVs, employment references, etc.) to one another via the portal. Such data is transmitted at the User’s own risk.

(4) The collection and processing of data relating to candidates and Users of YOUR MELLON GROUP’s software takes place exclusively on servers located in the European Union (Germany). No data is transferred whatsoever to the United Arab Emirates.

(5) The scope of data use, data processing, and data publication is otherwise governed by YOUR MELLON GROUP’s Privacy Policy (see https://yourmellon.group/en/privacy-policy).

§11 Place of Performance, Governing Law, and Miscellaneous

(1) YOUR MELLON GROUP distributes its services/products from its registered office in

Dubai A1, Dubai Digital Park, Dubai Silicon Oasis / Dubai / United Arab Emirates

(2) The law of the Federal Republic of Germany shall apply, excluding private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).

(3) YOUR MELLON GROUP may engage subcontractors for the performance of its services. In such case, YOUR MELLON GROUP shall remain responsible for the fulfilment of the contractual obligations assumed by it.

(4) YOUR MELLON GROUP is entitled to transfer rights and obligations in whole or in part to third parties.

(5) Unless otherwise provided for in the GTC, the contracting parties may submit declarations by email, fax, or letter. Users may also use YOUR MELLON GROUP’s contact form in the support area. YOUR MELLON GROUP may also deliver declarations and notifications via the User’s message inbox.

(6) YOUR MELLON GROUP does not participate in dispute resolution proceedings before a consumer arbitration board.

B. Booking of the Different PLANS for Users in YM Recruitment

§1 Scope of Application

(1) The special terms and conditions set out below under B. for the use of paid services apply exclusively to employers and staffing service providers, hereinafter also referred to as Users.

(2) These special terms and conditions for the use of paid services for Users apply in addition to and supplement the General Terms and Conditions for the use of the YOUR MELLON GROUP platform set out under A.

(3) Should any provisions of the GTC set out under A. and B. conflict with one another, these special terms and conditions (B.) shall take precedence over the General Terms and Conditions (A.).

§2 Paid Services and Plans in YM Recruitment

(1) Paid services in the “YM Recruitment” software of YOUR MELLON GROUP are offered exclusively to employers (employer users).

(2) With the exception of the limited-time, one-time DEMO access and the related services (cf. under A.), all other services and offerings of YOUR MELLON GROUP are subject to payment for employers and staffing service providers.

§3 Selection of the PLAN and Conclusion of Contract

(1) After the one-time and free setup of the user account by YOUR MELLON GROUP as part of the “Creation of a User Account,” the User has access in the user area under “Settings” > “Upgrade” > “Plans & Credits” to various paid services. Here, Users may choose from the PLANS for employers and staffing service providers (“Basic,” “Professional,” or “Business”).

(2) The booking of one of the paid software plans (“Basic,” “Professional,” or “Business”) is made by the User by submitting an inquiry to YOUR MELLON GROUP. The inquiry is triggered when the User selects the desired product under “Product Overview” and clicks the “Submit Inquiry” button. The User must then complete a contact form.

(3) After receipt of the inquiry, an employee of YOUR MELLON GROUP will contact the User and submit an individual contractual offer. This offer constitutes an invitation for the User to make an offer. The inquiry therefore remains non-binding and does not yet result in a legally binding order.

(4) The contract is only concluded once the User confirms the individual contractual offer submitted by YOUR MELLON GROUP. This shall be deemed acceptance of the offer by the User.

(5) The usage agreement becomes effective upon activation of the ordered service by YOUR MELLON GROUP. By activating the service, YOUR MELLON GROUP accepts the User’s offer, whereby the contract is finally concluded.

§4 Special Provisions for Job Advertisements in “YM Recruitment”

(1) As soon as the User has purchased one of the employer PLANS (“Basic”), (“Professional”), or (“Business”) and has been activated for use, the User may additionally book further job advertisements directly in the user area. The order is triggered under “Settings” > “Upgrade” > “Plans & Credits.” In this process, a single job advertisement can be created, which can then be managed, edited, and published in the section > “Jobs” > “Drafts.”

(2) The plans include, per User, a certain allocation of free job advertisements, each with a one-time term of 90 days.

Each user has the following number of job advertisements available per PLAN:

(3) If the User wishes to book additional job advertisements, the order can be placed under “Settings” > “Upgrade” > “Plans & Credits.”

(4) For the duration of the job advertisements (contract term), there is an option to book 30, 60, or 90 days.

(5) Publication of the job advertisement ends automatically at the end of the contract term, without the need for separate termination.

(6) The booked job advertisement must be used immediately from the date of purchase.

(7) The prices are based on the prices stated during the ordering process. In all other respects, the subject matter of the contract is determined by the service description under C. Service Description YM Recruitment - Job Advertisements.

(8) The service is booked via the payment provider “Stripe”; the service is available immediately upon completion of the ordering process.

§5 Special Provisions for the “YM Recruitment” Software

(1) A prerequisite for using the “YM Recruitment” service (recruitment software) is maintaining a paid PLAN (Basic, Professional, or Business).

(2) If a PLAN for Users (e.g. “Basic”) has been activated, the “Professional” or “Business” service (upgrade to a higher-value PLAN) may additionally be booked. The order is triggered under “Settings” > “Upgrade” > “Plans & Credits.” The ordering procedure is governed by B. § 3 para. 3 of these GTC.

(3) Unless otherwise agreed, the contract term for the PLANS (Basic, Business, or Professional) shall be a minimum term of twelve (12) months from activation of the respective purchased PLAN and a notice period of sixty (60) days before the end of the contract. The minimum contract term shall be extended by a further usage period of the same duration if the PLAN is not terminated in due time. Likewise, the renewal period shall also be extended by the same duration if it is not terminated by the User or YOUR MELLON GROUP at least sixty (60) days before expiry of the respective renewal period.

In the case of monthly payment, a minimum term of four (4) months applies from the start of the contract. Thereafter, the contract continues for an indefinite period and may be terminated effective at the end of any calendar month with 14 days’ notice. If no notice is given, the contract shall automatically renew by one additional month each time.

(4) The prices are based on the prices stated during the ordering process. In all other respects, the subject matter of the contract is determined by the service description under C. Service Description YM Recruitment (YMR).

(5) The obligation to pay the agreed prices applies regardless of whether the PLAN is actually used. The PLAN is available to the User for the contractual term from the time of activation. It is the User’s responsibility to make use of the service.

(6) If the subsequent booking of the YM Recruitment PLAN “Professional” or “Business” extends beyond the contract term of the “Basic” PLAN (user profile), the contract term for the “Basic” PLAN shall be extended by the term of the “Business” service, subject to payment corresponding to its term (12 months from the order date of the “Business” PLAN). In addition, the User’s PLAN/contract shall be changed from “Basic” to “Business.”

§6 Subject Matter of the Contract and Contractual Terms for the Software in YM Recruitment

The subject matter of the contract and the contractual terms of the respective services for Users are governed by the service description valid at the time of contract conclusion, as set out under C. Service Description.

§7 Prices, Payment, and Due Date

(1) Unless otherwise agreed, all prices stated by YOUR MELLON GROUP are in euros. Prices are exclusive of value added tax (“VAT”), as YOUR MELLON GROUP has its registered office outside the European Union and is therefore not subject to VAT. This applies to orders from both EU and non-EU countries.

(2) The prices for the individual services for Users can be found in the current C. Service Description of the requested PLAN or are available upon request.

(3) YOUR MELLON GROUP invoices its services to Users via the payment provider “Stripe.” If an invoice is not paid by the stated due date, the User shall bear all reminder and legal enforcement costs incurred by YOUR MELLON GROUP to the extent the User is responsible for the event giving rise to such costs.

(4) Fees for services are due for immediate payment in advance for the entire contract term upon invoicing and receipt of the invoice. Default in payment with the statutory legal consequences shall occur if the invoice amount is not paid by the invoice recipient within 14 days of receipt of the invoice. No reminder is required for default to occur.

(5) Unless otherwise agreed or provided for in these GTC, the booked PLAN shall only be activated after the invoice has been paid. Activation shall take place no later than within 48 hours after value date of the invoice amount. The User shall be informed of the activation.

6) YOUR MELLON GROUP reserves the right to adjust and increase the fee for the paid PLANS to a reasonable extent in line with general price increases after expiry of the minimum contract term or for the period following expiry of the respective renewal term, with effect for the subsequent renewal period. No more than one price increase may take place per calendar year, and it must not be unreasonable for the User. YOUR MELLON GROUP shall inform the User of any upcoming price increase at least six weeks before the end of the minimum usage period or the respective current renewal period and shall obtain the User’s consent. Consent shall be deemed granted tacitly if the employer user does not object to the fee increase within four weeks of receipt of the notification. The objection must be made in writing or in text form (e.g. via contact form, letter, fax, or email) and shall result in termination of the membership at the next possible contractual date. YOUR MELLON GROUP’s service shall then end either upon expiry of the minimum contract term or of the current renewal period.

(7) YOUR MELLON GROUP is entitled to transmit invoices and payment reminders exclusively by electronic means.

§7a Invoicing and Payment Processing by Apiro GmbH

(1) Invoices for the services provided by YOUR MELLON GROUP are issued in the name and on behalf of YOUR MELLON GROUP. Apiro GmbH, Opernstr. 6, 34117 Kassel, Germany, has been engaged for payment processing.

(2) The User acknowledges that they will receive an invoice from YOUR MELLON GROUP, while the entire payment processing – including receipt of payment, reminder procedures, and other accounting processes – will be handled by Apiro GmbH.

(3) By concluding the usage agreement, the User expressly agrees that all payments shall be processed via Apiro GmbH as the appointed payment processing entity, while the legal contractual relationship with YOUR MELLON GROUP shall remain unaffected.

(4) Apiro GmbH is not a contractual partner of the User and does not provide any services itself, but exclusively handles payment processing.

(5) Mandatory statutory provisions or official orders shall remain unaffected.

§8 Contract Term and Early Termination of YM Services

(1) Unless otherwise provided in the applicable service descriptions of the PLANS, a minimum contract term of twelve (12) months shall apply to the use of the respective PLANS.

If monthly payment is selected, the minimum term shall instead be four (4) months from the start of the contract. Thereafter, the contract continues for an indefinite period and may be terminated effective at the end of any calendar month with 14 days’ notice.

(2) Upon expiry, the minimum contract term shall be extended by a further usage period of the same duration if the relevant service is not terminated in due time – that is, at least 60 days before expiry of the current contract term in the case of annual payment, or no later than 14 days before the end of the month in the case of monthly payment – by either contracting party in writing.

(3) The right of the contracting parties to extraordinary termination for good cause shall remain unaffected.

(4) Good cause for extraordinary termination by YOUR MELLON GROUP after setting and unsuccessful expiry of a reasonable cure period shall exist in particular if the User is in default with its payment obligations for more than 14 days and, despite a corresponding request, does not settle them within a further 14 days after being requested to do so by YOUR MELLON GROUP.

(5) Good cause for extraordinary termination by YOUR MELLON GROUP without setting and unsuccessful expiry of a cure period shall exist in particular,

(6) Notices of termination must be given in writing or in text form (e.g. via contact form, letter, fax, or email).

(7) If the contractual relationship is terminated early by extraordinary termination and such termination is based on conduct by the employer user in breach of contract, the employer user shall be obliged to pay YOUR MELLON GROUP the contractual remuneration up to the point in time at which ordinary termination would have ended the contractual relationship. In this case, any claim for reimbursement of fees paid in advance is excluded. The User remains free to prove that YOUR MELLON GROUP suffered less damage as a result of the early termination.

(8) If the contractual relationship is terminated early by extraordinary termination and such termination is based on a culpable breach of contract by YOUR MELLON GROUP, YOUR MELLON GROUP shall refund to the User any fees paid in advance on a pro rata basis for the period from the date of termination until the contractual end date.

§9 Data Protection

(1) The User undertakes to comply with applicable data protection law, in particular with regard to the personal data, content, and other information transmitted to it by candidates or jobseekers via YOUR MELLON GROUP’s contact options.

(2) Unless permitted by a valid consent of the candidate or jobseeker or by German or European data protection law, the User is prohibited from collecting, processing, using, or disclosing to third parties personal data of employee users.

(3) YOUR MELLON GROUP’s Privacy Policy shall apply.

§10 Place of Performance, Governing Law and Jurisdiction, Miscellaneous

(1) The place of performance for all mutual contractual obligations vis-à-vis employer users is the registered office of YOUR MELLON GROUP in Dubai A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai / United Arab Emirates.

(2) The law of the United Arab Emirates shall apply, excluding private international law and the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory provisions provide otherwise.

(3) To the extent permitted by law, the registered office of YOUR MELLON GROUP in Dubai, United Arab Emirates, shall be agreed as the place of jurisdiction.

(4) Should any provision in these GTC be invalid as against Users, the validity of the remaining GTC and of the contractual relationship shall remain unaffected. In the event of invalid or incomplete GTC provisions, the parties undertake to agree on a legally valid provision that comes closest to the intended contractual purpose and reflects the economic interests of the parties. If this is not possible, the statutory provisions of the United Arab Emirates shall apply in case of doubt.

C. Service Description, Contractual Terms, Usage Plans, and Users of the YM Recruitment Software

The following service descriptions supplement the above GTC sections A. and B. and set out the key contractual terms of the YM GROUP services offered.

§1 Basic, Professional, and Business Usage Plans for Employers

(1.1) Subject Matter of the Contract and Service Description

The usage plans (Basic, Professional, and Business) of the “YM Recruitment” recruitment software constitute the core products for Users (e.g. companies, temporary employment agencies, recruitment agencies, or staffing service providers) for the use of paid services in the YM Recruitment software. Within the scope of the different usage plans, YOUR MELLON GROUP offers Users the opportunity to identify potential candidates and contact them directly via personal message, telephone number, or in-app calling by means of a credit system.

The usage plans include the following options:

The prices for the different usage plans depend on the type of User. In addition, “Extra Credits” may be booked in packages of at least 10 credits on top of the credits included in the respective plan. The prices for these “Extra Credits” also vary depending on the type of User. Details are set out in section §8 Prices and Credits.

(1.2) Finding Candidates

YOUR MELLON GROUP provides Users with access to an international candidate pool. The software uses an intelligent matching system that helps Users identify suitable candidates and connect with them.

The software gives Users access to detailed candidate profiles containing comprehensive information on education, professional experience, job preferences, and contact details. Once candidates have been unlocked, the following data is visible to the User:

Account Data:

Personal Data:

Education / Studies:

Certificates and Qualifications:

Professional Experience:

Skills:

Job Preferences:

(1.3) Searching Candidates and Creating Lists

The software enables Users to search candidate profiles using a wide range of filter options. Users can set filters according to various criteria such as industry, professional experience, qualifications, and other relevant aspects. In addition, Users may create industry-specific and/or customized candidate lists in order to further refine and streamline their search.

Detailed information on the service overview, available filter options, and additional functionalities can be found in the “Service Description Table.”

(1.4) Contacting and Communicating with Candidates

Once candidate profiles have been unlocked, the User has the option to contact them directly via the app or web app messaging system. If the candidate wishes and has stored a telephone number in the app, the User may also contact the candidate via the specified mobile or landline number. If no telephone number has been stored, but the preferred candidate has downloaded the YOUR MELLON GROUP app, the User may call the candidate directly via the YM Recruitment app through the web app.

(1.5) Automated Translation Function and Templates

Messages sent to candidates through the software can be translated into the User’s selected target language using an automated translation function. In addition, the software provides the User with so-called templates, provided these are included in the selected PLAN. These templates allow messages to be prepared and adapted in advance in order to ensure efficient communication with preferred candidates.

(1.6) Candidate Verification (Business PLAN only)

Users of the Business PLAN also have the option to request verification of their preferred candidates via YOUR MELLON GROUP’s support team. This enables the User to prepare candidates for communication before the initial contact is made and to ensure that candidates are ready for contact by the User.

§2 Supporting & Managing Candidates in the YM Recruitment Software

2.1 Recruiting CRM

The User has the option to use the recruiting CRM (Candidate Relationship Management) in the software of YOUR MELLON GROUP. This system enables the efficient management of applicant groups, tracking the status of applications, and the use of personalized workflows and automations to support decision-making in the hiring process. Use of the recruiting CRM is subject to the functionalities and terms of use defined in the respective PLAN.

2.2 Applicant Tracking System

The Applicant Tracking System (ATS) is integrated into all PLANS of the YM Recruitment software and is available to the User regardless of the selected PLAN. It supports the User in handling the recruitment process, from sourcing through to the hiring of applicants. The system helps optimize recruiting and personnel administration through automation. The User undertakes to use the ATS in accordance with the defined conditions and not for any impermissible purposes.

2.3 Application Status Pipeline

The application status pipeline tool is available in all PLANS and is based on a Kanban system, allowing Users to manage incoming applications flexibly. This enables Users to track the progress of applications through the various stages of the recruitment process, from initial contact to potential hiring. The User is responsible for keeping the entries in the pipeline accurate and up to date in order to ensure an efficient and traceable recruitment process.

2.4 Activity Log

The Activity Log allows Users to monitor the users connected to the software and trace correspondence with applicants (including chat histories and call logs). This feature is available in particular to Users who have purchased multiple user accesses. The User is obliged to ensure that use of the Activity Log complies with applicable data protection provisions and legal requirements.

2.5 Candidate Management

The software offers a candidate management function that allows Users to store notes, appointments, and tasks relating to preferred candidates. This feature is intended to improve organization of the recruitment process and support the tracking of relevant information. The User undertakes to use these functions only in compliance with data protection regulations and applicable legal requirements.

2.6 Team Recruiting

As part of the team recruiting tool, multiple users with access to the software can share notes, tasks, and lists with one another. This feature promotes collaboration within teams and facilitates the joint management of candidates. The User is responsible for ensuring that shared data and information are managed in accordance with the applicable data protection guidelines and security measures.

§3 Company Profile for Users of the Software

(3.1) Description and Functionality of the Company Profile

Users of the YM Recruitment software (companies and staffing service providers) have the option to create a company profile. The company profile serves as a passive tool for contacting candidates and provides a way to present the company. Users may use the profile to present their company in the relevant target country of YOUR MELLON GROUP.

The company profile is used as a marketing tool to introduce the company to potential applicants. This allows candidates to view information about the company’s philosophy, current projects, or company news. For the company profile, Users can upload content such as logos, images, and videos in the account settings. It is also possible to supplement the profile with additional images and content. The User is responsible for all content published on its company profile. This includes in particular the accuracy, currency, and lawfulness of the information. The User shall ensure that the published content does not infringe any third-party rights, such as copyright, trademark rights, or personal rights, and does not contain any false or misleading information.

(3.2) Interaction and Contact Options

A list of all job advertisements published by the company is visible in the company profile. In addition to making contact via job advertisements, Users also have access to a messaging system through which candidates may request additional information about the company or submit an unsolicited application.

Important note: “Candidates who contact the company directly via the company profile can be replied to without additional credits. However, credits are required to unlock and view candidate profiles or for active/direct communication via the messaging system.”

(3.3) Publication and Visibility of the Company Profile

All data entered by the User under the account settings section is published on the company profile immediately after being selected for saving. Following registration and activation of the “Basic” PLAN, the company profile becomes visible in the company overview and can be viewed by employees/candidates. Users may edit, update, or delete the content of their company profile at any time. However, YOUR MELLON GROUP reserves the right to block or remove content that violates the GTC or applicable law without prior notice.”

The software enables greater transparency for employees. For example, potential applicants from European countries can view information about employee numbers, the company’s industry, activities, future plans, and current company news. In addition, companies may provide information on integration processes and entry opportunities for new employees in order to facilitate onboarding.

(3.4) Marketing and Communication

Companies have the option to subscribe to the software’s newsletter in order to receive current information about the platform and updates from YOUR MELLON GROUP directly at a stored email address.

(3.5) Service Overview

Use of the company profile offers a wide range of benefits that are accessible with all YOUR MELLON GROUP PLANS. A compact overview of the included functions comprises:

(3.6) Availability and Use of Functions

Use of the company profile and the associated functions depends on the User’s selected usage plan. A detailed overview of the functions included in the respective PLAN and their usage options is set out in the service description and the GTC.

(3.7) User Labels and Company Profiles

The users of the software (hereinafter “Users”) consist of companies as well as staffing service providers and recruiters. In order to ensure transparency for jobseekers, companies are labeled as ‘Employer’ and staffing service providers or recruiters as ‘Temporary Employment Agency’ or ‘Recruiter.’ These labels appear as badges in the respective user profiles and serve solely to clearly distinguish between the different user types.

(3.8) Company Profiles and Badge Labels

Each company profile is provided with a badge reflecting the type of User. Employers are identified by the ‘Employer’ badge, while staffing service providers and recruiters are assigned the ‘Temporary Employment Agency’ or ‘Recruiter’ badge. This labeling serves clear identification purposes and helps jobseekers quickly recognize the nature of the respective provider.

§4 Service Description and Use of Credits

The credit system serves as a billing mechanism that enables Users to access the platform’s paid features.

Note on the use of credits in the case of multiple rights of use:
Where multiple users are involved, Users receive the corresponding number of credits for each right of use in accordance with the selected usage plan. Credits are non-transferable and apply exclusively to the right of use to which they are assigned. A detailed description of all features, the credit system, and the related usage options is set out in the following sections (§2 et seq.). These features include:

(a) Unlocking candidate profiles

By unlocking a candidate profile, Users receive full access to all profile data, including contact details, and can send messages directly through the software or use the in-app calling feature. The cost for unlocking is 1 credit per candidate profile.

(b) Publication of job advertisements

(1) Included job advertisements
Each User receives, per PLAN and per right of use, a number of already included job advertisements with a term of 90 days. The number of included job advertisements depends on the selected PLAN:

(2) Additional bookable job advertisements
Credits may also be used for the publication of job advertisements. The number of credits required for publishing a job advertisement depends on the desired duration of the advertisement:

The number of credits stated above for the publication of job advertisements applies exclusively in each case to publication per acquired right of use (3) Automated translation of job advertisements

(3) Automated translation of job advertisements
YOUR MELLON GROUP’s software offers the option of automatically translating published job advertisements into the target language of the respective candidates. This functionality makes it possible to increase the reach of job advertisements by displaying them to potential applicants in their preferred language, thereby addressing a broader and more international target audience. Prices: The exact prices for using the features and services are described in detail in section §8 Prices & Credits.

§5 Analytics & Recruiting KPIs

(1) Analytics tools and general metrics

Users of the YM Recruitment software can, depending on the selected usage plan, access various analytics tools. These provide access to general metrics relating to the career network, including but not limited to:

(2) Recruiting KPIs (Key Performance Indicators)

Users also have the option to view specific recruiting key performance indicators (KPIs) that quantify the success and use of the software. These include, among other things:

(3) Advanced recruiting KPIs in the Business PLAN

As part of the Business PLAN, Users have access to additional detailed performance indicators, including:

(4) Availability and details of the analytics tools

The availability of the above-mentioned analytics tools and recruiting KPIs depends on the selected PLAN. A complete overview of the included functions and KPIs can be found in the service description, which forms part of these GTC.

§6 Validity and Expiry of Credits

(1) Credits are valid for a period of 12 months and may be used only during, and exclusively within, the contractual term. Unused credits expire automatically after this period, and in any event no later than upon expiry of the contractual term or upon termination by the User.

§7 Contract Term for the Basic, Business, and Professional Plans

(1) The Basic, Professional, and Business usage plans may be concluded on a monthly or annual basis. In the case of annual payment, they have a fixed minimum contract term of twelve (12) months. In the case of monthly payment, the minimum term is four (4) months from the start of the contract. Thereafter, the contract continues for an indefinite period with monthly billing.

(2) After expiry of the minimum contract term, the contract shall automatically renew for the selected contractual term unless it is terminated in writing no later than sixty (60) days before expiry of the minimum contract term or the respective renewal period.

(3) In the case of monthly payment, the contract may be terminated effective at the end of any calendar month after expiry of the minimum term by giving 14 days’ notice. If no notice is given, the contract shall automatically renew by one additional month each time.

§8 Prices & Credits

(1) The prices for using the Basic, Professional, and Business plans depend on the number of users, the user type, and the User’s PLAN:

a) For companies:

b) For staffing service providers and recruiters:

(2) The prices for purchasing additional credits depend on the type of User:

a) For companies: EUR 30 per credit

b) For staffing service providers and recruiters: EUR 45 per credit

The prices stated by YOUR MELLON GROUP are exclusive of value added tax (“VAT”), as YOUR MELLON GROUP’s registered office is located in the United Arab Emirates (UAE), where no VAT obligation applies to companies outside the UAE.

For customers within the UAE, the VAT applicable in the UAE shall apply. Orders from other countries, both within and outside the European Union, are not subject to VAT.

§9 Support

(9.1) Email Support

YOUR MELLON GROUP’s support team will process and respond to User inquiries within two business days. This service is included in all PLANS. However, the User shall have no claim to immediate processing or to a response within this timeframe unless expressly agreed otherwise.

(9.2) Telephone Support

Users who have subscribed to the “Professional PLAN” or a higher PLAN are entitled to telephone support. This service enables direct communication with a support representative. The availability of telephone support depends on YOUR MELLON GROUP’s regular business hours and the relevant working capacities. There is no entitlement to immediate availability or to a guaranteed response within a specific timeframe.

(9.3) Priority Support

Priority Support is intended for Users who require prioritized handling of their inquiries and preferred access to senior technicians. This service is available to Users of higher PLANS (Professional PLAN) or as a separate add-on option. The entitlement to priority handling applies exclusively within the defined business hours and depending on the urgency of the request.

(9.4) Business Verification Support

Users who make use of Business Verification Support may instruct YOUR MELLON GROUP’s support team to verify their preferred candidates before the User’s initial contact. This verification serves to assess the suitability and quality of the candidates and allows for targeted preparation for the initial contact. The availability and scope of this support depend on the selected PLAN and the contractual arrangements.

§10 Notice Period

(1) In the case of annual payment, the notice period is sixty (60) days before expiry of the minimum contract term or the end of the respective renewal period. If notice is not given in due time, the contract shall automatically renew for a further twelve (12) months.

(2) In the case of monthly payment, a minimum term of four (4) months applies from the start of the contract. Thereafter, the contract continues for an indefinite period and may be terminated effective at the end of any calendar month by giving 14 days’ notice. If no notice is given, the contract shall automatically renew by one additional month each time.

(3) Notice of termination must be given in writing and must be received by YOUR MELLON GROUP in due time in order to be effective.

§11 Additional Costs and Contract Amendments

(1) Upon an upgrade to a higher-value PLAN (e.g. from Basic to Professional), the contract for the new PLAN begins on the day of the upgrade and runs—depending on the selected payment model—either for a new term of twelve (12) months (in the case of annual payment) or with a minimum term of four (4) months from the day of the upgrade (in the case of monthly payment).

(2) The previous contract term of the former PLAN shall be replaced by the new contract term. Any amount already paid for the previous PLAN shall be credited pro rata against the cost of the new PLAN.

(3) Ordinary termination is excluded before expiry of the new contractual term (in the case of annual payment) or before expiry of the new minimum term (in the case of monthly payment).

§12 Disclaimer of Liability

(1) Use of credits does not guarantee any specific outcome, such as the successful filling of a position. YOUR MELLON GROUP merely provides the technical means for making contact and publishing job advertisements.

(2) The provider, YOUR MELLON GROUP, assumes no liability for uninterrupted availability of the platform. Technical disruptions, outages, or delays may occur as a result of maintenance work, software errors, hardware defects, or other technical issues, even where these fall within the provider’s sphere of influence.

(3) The provider shall not be liable for damage or impairments caused by force majeure, including but not limited to natural disasters, pandemics, strikes, governmental measures, cyberattacks, or other unforeseeable events outside the provider’s control.

(4) The provider assumes no liability for third-party content published on the platform, including job advertisements, applications, or other submissions. Responsibility for such content lies solely with the respective Users.

(5) To the extent permitted by law, liability for indirect damage, consequential damage, loss of profit, or loss of data is excluded.

(6) The provider undertakes to remedy technical problems as quickly as possible, but assumes no guarantee for any specific response or recovery time.

(7) The provider shall not be liable for losses arising from improper use of the platform or breaches of the terms of use by Users.

(8) The provider assumes no liability for damage caused by unauthorized access to user data or by security vulnerabilities in the system for which the provider is not responsible (e.g. hacker attacks or phishing).

(9) The User is obliged to use the platform’s available functions with due care and to independently ensure that all transmitted data is accurate and complete.

Schedules

The version of the GTC valid at the time of conclusion of the contract, including the following schedules, shall be decisive:

Schedule 1: Order Form

Preamble

The objective at the time of conclusion of the contract is to grant the User a limited-term right of use for the “YM Recruitment” software that is restricted exclusively to the User’s internal business operations. The contractual structure expressly ensures that no commercially exploitable rights in the software are transferred to the User. At the same time, it is clarified that all leads and data generated through the use of the software (e.g. contacts and applicant profiles) are made available to the User for internal use within the scope of its placement business.

Usage Agreement for the Grant of the Right of Use to the “YM Recruitment” Software

Agreement and Acceptance: The order form together with the General Terms and Conditions of Your Mellon Group constitute the entire agreement between Your Mellon Group and the customer with respect to the provision of a right of use for the SaaS solution of Your Mellon Group. By signing this order form, the signatory confirms on behalf of the customer that they have been duly authorized to enter into the contract and to legally bind the customer to the agreement.

1. Subject Matter of the Contract and Grant of the Right of Use

1.1 Grant of the Right of Use:
The provider grants the User a simple, non-exclusive, non-transferable, and non-sublicensable right to use the “YM Recruitment” software. This right of use entitles the User exclusively to use the software within the scope of its internal business operations.

1.2 Limited Term:
The right of use is granted either for twelve (12) months from commencement of the contract (in the case of annual payment) or with a minimum term of four (4) months from the start of the contract (in the case of monthly payment). Thereafter, the contract continues for an indefinite period with monthly billing. The selected term is set out in the order form.

1.3 Automatic Renewal:
In the case of annual payment, the contract shall automatically renew for a further twelve (12) months unless terminated in writing no later than sixty (60) days before expiry.

In the case of monthly payment, the contract continues for an indefinite period after expiry of the minimum term and may be terminated effective at the end of any calendar month. Notice of termination must be received no later than 14 days before the end of the relevant month.

1.4 Exclusion of Commercial Exploitation of the Software:
No rights whatsoever are granted to the User that would enable it to commercially exploit the software or substantial parts thereof. In particular, the User is prohibited from:

1.5 No Transfer of Ownership:
No ownership rights or permanent, comprehensive rights of use in the software are transferred. The User receives exclusively the limited-term right of use described in section 1.1.

1.6 Onboarding & Initial Training:
Participation in a one-time initial training session is required for use of the software. Details are governed in accordance with the appendix, section 1.3 (“Onboarding & Initial Training”).

2. Use of Leads and Data

2.1 Provision of Leads:
To the extent that the “YM Recruitment” software generates or provides leads, candidate data, and contact data, such data shall be made available to the authorized User as part of the scope of services.

2.2 Use of Data in the Placement Business:
The User is entitled to use the leads and data received without restriction within the scope of its placement business. Such use does not constitute commercial exploitation of the software and does not give rise to any additional transfer of usage rights in the software.

2.3 Delimitation:
The use of data governed in section 2 is to be understood strictly as an internal business measure. Disclosure to third parties requires the express written consent of the rights holder, unless such disclosure is necessary within the scope of the internal placement activity.

3. Term, Termination, and Renewal

3.1 Contract Term:
A contract enters into force upon signature of the order form.

In the case of annual payment, the contract runs for twelve (12) months.

In the case of monthly payment, a minimum term of four (4) months applies from the start of the contract; thereafter, the contract continues for an indefinite period with monthly billing.

3.2 Termination:
Both parties may terminate the contract at any time without notice for good cause.

In the case of annual payment, ordinary termination is only possible at the end of the term and must be received in writing at least sixty (60) days in advance.

In the case of monthly payment, termination may be effected at the end of any calendar month after expiry of the minimum term. Notice of termination must be received no later than 14 days before the end of the relevant month.

3.3 Automatic Renewal:
In the case of annual payment, the contract shall automatically renew for a further twelve (12) months unless notice of termination is received at least sixty (60) days before the end of the term.

In the case of monthly payment, the contract shall automatically renew by one additional month after expiry of the minimum term unless terminated no later than 14 days before the end of the relevant month.

4. Payment Terms

4.1 Due Date and Payment Modalities

The fees for the right of use (annual membership or monthly use) are due for payment immediately in advance (prepayment) and without deduction upon invoicing for the entire term or the respective billing period.

If annual membership is selected, the total amount for twelve (12) months shall be invoiced in advance.

In the case of monthly use, invoicing shall take place at the beginning of each individual billing period starting from the commencement of the contract.

The service shall begin in each case only after full payment has been received. Invoicing shall take place immediately after signature of the contract or, in the case of renewal, at the beginning of the new billing period.

4.1.1 Activation of the Software

The “YM Recruitment” software shall only be activated and made accessible for use once the invoice amount due in each case pursuant to section 4.1 has been received in full by the payment recipient. Until that time, all login data and system access shall remain blocked.

4.2 Payment Processing by Apiro GmbH

Invoices for the services governed by this contract are issued in the name of Your Mellon Group: Cloud Services & Human Resources Consultancy FZCO, Building A1 Digital Park I Dubai Silicon Oasis, Dubai UAE. Apiro GmbH, Opernstr. 6, 34117 Kassel, Germany, has been appointed for payment processing. Apiro GmbH is responsible exclusively for the technical and accounting handling of payment transactions, including receipt of payment,
posting, and reminder procedures. The User’s payment obligation remains owed to Your Mellon Group. Processing via Apiro GmbH does not create any separate contractual relationship between the User and Apiro GmbH.

5. Tax Provisions and Withholding Tax

5.1 Structure for Tax Optimization:
The parties confirm that this contract is structured in such a way that the authorized User is granted exclusively a purely internal, limited-term right of use in the software—without any transfer of commercially exploitable rights. This is intended to ensure that payments to the rights holder in Germany are not treated as domestic income and therefore do not trigger any withholding tax obligation.

5.2 Note on Withholding Tax:
All payments under this contract are deemed remuneration for the purely internal right of use in the software and not remuneration for the sale of rights. The use of the data (leads) governed in section 2 does not alter this classification.

5.3 Value Added Tax:
All amounts payable under this contract are net amounts, as the provider is established outside the Federal Republic of Germany and therefore no value added tax applies.

6. Liability and Warranty

6.1 Limitation of Liability:
The provider shall be liable only for intent and gross negligence. In cases of ordinary negligence, the rights holder shall be liable only insofar as material contractual obligations (cardinal obligations) are affected.

6.2 Warranty:
The provider warrants that the software will provide the agreed performance when used in accordance with the contract. Any further warranty claims are excluded unless mandatory statutory provisions provide otherwise.

7. Final Provisions

7.1 Written Form:
Any amendments or additions to this contract must be made in writing. This shall also apply to any waiver of the written form requirement.

7.2 Severability Clause:
Should any provision of this contract be or become invalid, the remainder of the contract shall remain in full force and effect. The parties undertake to replace the invalid provision with a valid one that comes closest to the economic purpose of the invalid provision.

7.3 Applicable Law and Jurisdiction:
The law of the Federal Republic of Germany shall apply, excluding private international law. The place of jurisdiction shall be Kassel, to the extent permitted by law.

Schedule 2: Onboarding & Initial Training

As part of our structured onboarding process, we provide an initial training session that enables you to begin using the “YM Recruitment” software safely, efficiently, and with clear direction from the outset. This process is an integral part of our quality standards and ensures that you are optimally prepared from day one.

1.1 Purpose of the Initial Training
The purpose of the initial training is to provide the User with a safe, effective, and practical introduction to the use of the “YM Recruitment” software.

1.2 Mandatory Participation
To ensure a smooth start, participation in the initial training is required and contractually предусмотрено.

1.3 Delivery and Scheduling
The training is conducted once, has a duration of 90 minutes, and takes place remotely.
The User undertakes to schedule an appointment within 14 days after conclusion of the contract. The available appointments shall be provided by the provider.

1.4 Cost of the Initial Training
The cost of the initial training is EUR 190 net. The fee is independent of the number of booked user licenses and is payable regardless of the scope of use.

1.5 Validity Period and Billing
The initial training is required only in the first year of the contract term and is conducted once. Billing takes place together with the invoice for the rights of use in the software.

1.6 Contractual Integration and Support
The training is a fixed component of the contract and is invoiced separately. It is not part of the support services of the respective selected plan.

1.7 Scope of the Initial Training
The initial training includes only a standardized introduction to the software. There is no entitlement to individual consulting or project-specific content.

1.8 Consequences of Non-Participation
If the User does not attend an agreed training appointment, there is no entitlement to a repeat session. At its own discretion, the provider may offer a replacement appointment or a recording.

1.9 Training Language and Third Parties
The training is conducted in German. The provider is entitled to engage qualified third parties for its delivery.

1.10 Consequences of Non-Participation
If the User fails to comply with its obligation to participate in the initial training, provision of the software may be suspended until the training has been completed. This shall not give rise to any entitlement to use, refund, or extension of deadlines.

1.11 Start of the Onboarding Process
The onboarding process begins after full payment has been received for the agreed total amount for the rights of use and the initial training.

1.12 Software User Manual
Upon completion of the initial training, the User will receive a digital manual in PDF format. This document serves as a reference guide for using the “YM Recruitment” software and supports the User in independently using its key functions.