General Terms of Use

1.1 Agreement

By using our services, you agree to these Terms of Use. Your use is also subject to our Privacy Policy, the App Terms of Service, and the Community Guidelines, which describe how we collect, use, share, and store your personal data.

By creating an account on our platform or using our services, you agree to enter into a legally binding contract with us—even if you register using third-party credentials or use the services on behalf of a company.

If you do not agree to this contract, please do not create an account, access our services, or use them in any other way.

You may terminate this agreement at any time by closing your account and ceasing use of our services.

1.2 Privacy

As a visitor or member of our platform, the collection, use, and sharing of your personal data is governed by our Privacy Policy and referenced documents.

By using our services, you confirm that you have read, understood, and accepted the Privacy Policy.

1.3 Services

This agreement applies to all services provided by our platform, including but not limited to:

  • Our website and mobile applications
  • All integrated features, communication channels, or tools within the platform
  • Connected services or external integrations offered as part of our services
  • Offsite functions, e.g., data collection, integrations, or embedded content on other websites or platforms interacting with our services

By using these services, you agree that all functions, content, and interactions are subject to the terms of this agreement.

1.4 Definitions

1.4.1 Contracting Parties

  • You are entering into this agreement with Tobias Hess GmbH (hereinafter “we” or “us”).
  • Tobias Hess GmbH is responsible for processing your personal data in accordance with applicable German data protection laws (BDSG) and the EU General Data Protection Regulation (GDPR).

1.4.2 Affiliated Companies

  • Affiliated companies are those under common control, controlled by us, or over which we have significant influence.
  • This may include partner companies or subsidiaries relevant to the provision of our services.

1.4.3 Social Actions

“Social Actions” include all activities members perform within our platform, such as:

  • Liking or commenting on posts
  • Following posts
  • Sharing content

1.4.4 Content

“Content” includes all content created or shared by members within the platform, including but not limited to:

  • Feed posts, articles, group posts
  • Comments and feedback
  • Profiles
  • Job postings
  • Messages or direct messages
  • Media formats such as videos, photos, audio files, PDFs, or other uploaded documents
  • App/service storage functions

1.5 Members and Visitors

This agreement applies to both members and visitors of our platform.

Members
When you register on our platform, you become a “member.” As a member, you can use more features of our services, create content, interact with other members, and access personalized features.

Visitors
If you use our platform without registering, you are considered a “visitor.” Visitors can access certain public features and content but cannot use personalized services, storage functions, or create posts.

By using the platform as a member or visitor, you agree to this agreement.

1.6 Changes

We reserve the right to occasionally change this agreement, our Privacy Policy, and related policies.

  • If significant changes are required due to legal regulations, we will notify you via the platform or other appropriate means so that you can review the changes before they take effect.
  • In some cases, changes may take effect immediately without prior notice:
    1. If changes must be implemented immediately by law, or
    2. If changes concern a newly introduced service or feature.

Changes are not retroactive.

If you disagree with a change, you may close your account and stop using the services.
If you continue using our services after the publication or notification of changes, you agree to the updated terms from the date of entry into force.

2. Use of Services

2.1 Eligibility to Use the Services

By using our services, you confirm:

  1. You are legally allowed to enter into this agreement.
  2. You are at least 18 years old.

Minimum Age

  • Our services are not intended for persons under 18 years.
  • The minimum age ensures that you are fully capable of entering contracts, especially for paid services.

Account Creation
To use our services, you confirm:

  1. You are at least 18 years old.
  2. You create an account using your real name only.
  3. You have not been previously excluded from using the services.

Creating accounts with false information or on behalf of third parties, especially minors under 18, constitutes a violation of these Terms of Use.

2.2 Your Account

As a member, you are responsible for your account and agree to the following:

2.2.1 Security Measures

  • You protect your account from unauthorized access, especially by choosing a secure password and keeping it confidential.

2.2.2 No Sharing

  • You do not share your account or parts thereof with third parties.
  • You do not transfer or sell personal data of third parties through your account.

2.2.3 Compliance with Rules and Laws

  • You comply with all applicable laws, the rules outlined in these Terms (Dos & Don’ts), and our App and Community Guidelines.

You bear full responsibility for all activities conducted through your account unless you close the account or report abuse.

Ownership and Access

  • Your account belongs exclusively to you and not to third parties, including your employer.
  • If services are provided by a third party in connection with your work (e.g., a paid premium account), the paying party may:
    • Control access to these paid services
    • View reports on your usage of these services
    • Not access your personal account or private content

2.3 Payments

If you purchase paid services on our platform, you agree to the following:

2.3.1 Payment Obligations

  • You agree to pay all fees and taxes for paid services.
  • Fees may vary depending on location (e.g., currency differences or tax regulations).
  • You consent to us storing and using your payment information to process payments.

2.3.2 Automatic Billing

  • Your payment method (e.g., credit card) will be automatically charged when a new membership period begins or a paid service is provided.
  • If your primary payment method fails, we may charge a secondary method if provided.
  • You can update or change your payment method at any time.

2.3.3 Price Changes and Taxes

  • We may change prices for paid services with prior notice; changes apply prospectively.
  • Taxes are calculated based on your billing information.
  • You receive an invoice via your account settings (e.g., under “Transaction Overview”).

2.3.4 Refunds and Termination

  • Refunds follow our refund policy.
  • Cancel paid services before the renewal date to avoid future charges.
  • Non-payment will result in termination of paid services.

2.3.5 Additional Terms for Paid Services

  • Paid services are also subject to any additional terms you accepted at the time of purchase.

2.4 Notices and Messages

You agree that we may send notices and messages via the platform, apps, or the contact information you provide.

Contact Information

  • Keep your contact information current (e.g., email, phone number, postal address).
  • Outdated or incorrect information may prevent you from receiving important notices.

Delivery Method
We may send notices and messages:

  1. Directly within the platform, or
  2. To the contact information you provided

Managing Notifications

  • You can adjust your settings to control which notices and messages you receive.
  • We recommend regularly checking and updating your contact information to ensure communication is uninterrupted.

2.5 Sharing

When you share information via our services, others may see, copy, or use it depending on your chosen settings.

Forms of Sharing

  • Through your profile, posts, articles, or group posts
  • Through links to news articles or job postings
  • Through messages or direct messages (InMails)

Depending on the feature and settings you choose, shared information may be visible to:

  • Other members
  • Visitors
  • Other persons (inside or outside the services)

Visibility and Control

  • If our platform provides settings, we respect your choice of who can see which content.
  • Examples:
    • Content shared only with certain contacts
    • Restricting profile visibility to search engines
    • Suppressing notifications to contacts about certain activities, e.g., job search
  • By default, your posts or content are shown only to users you intended.

3. Content and Platform Use

3.1 Your License to the Platform

Ownership of Content

  • You retain ownership of all original content you provide to us or publish/store in our services (e.g., posts, articles, photos, videos, profiles, messages).
  • You decide who may see your content and how it may be used within our services.

Grant of License
By using our services, you grant Tobias Hess GmbH a non-exclusive, worldwide, transferable, and sublicensable license to use your content.
This includes the right to:

  1. Use, reproduce, and distribute
  2. Publicly perform and display
  3. Host and process
  4. Modify or format (e.g., translations, transcriptions, layout or file type adjustments)

This license applies without further consent or compensation to you, other members, or third parties.

License Limitations

  • You may terminate the license for certain content by deleting content or closing your account, except when:
    1. Others have already copied, shared, or saved the content,
    2. We have already sublicensed the content, or
    3. Legal retention obligations exist.
  • We will not use your content in advertisements for third-party products or services without your consent.
  • However, we may display your content alongside ads or social actions like “Like” or “Share” in ads—according to your visibility settings.

Publication and Visibility

  • We respect your audience selection (e.g., “Connections only”).
  • Content you share publicly may be further distributed, embedded, or indexed by search engines.

Feedback and Suggestions

  • Feedback you provide about our services may be used, processed, and shared by Tobias Hess GmbH without compensation.

Member Obligations

  • You provide only content you are authorized to share, which complies with the law and does not infringe third-party rights.
  • Your profile must be truthful.
  • Tobias Hess GmbH may be legally required to remove content in certain cases.
  • Content containing personal data is subject to our Privacy Policy.

3.2 Availability of Services

Change or Restriction of Services

  • We may change, restrict, suspend, or discontinue our services or specific features at any time.
  • Availability of content, features, or services may vary by country, membership type, or other factors.

Storage and Access to Content

  • We are not obligated to permanently store or continue displaying content or information you publish.
  • The platform is not a storage service; content may be deleted or removed at any time without prior notice.
  • You agree that we are not required to provide copies of your content unless required by law or outlined in our Privacy Policy.

3.3 Third-Party Content, Websites, and Apps

Third-Party Content

  • You may encounter content or information from third parties in our services that may be inaccurate, incomplete, outdated, misleading, illegal, offensive, or harmful.
  • You use such content at your own risk.
  • We assume no liability for content or information provided by third parties (including other members).
  • Even with automated tools, we cannot always prevent misuse or false information.
  • You acknowledge the risk that third parties may publish false or misleading information about you or your company.

Third-Party Products and Services

  • Third parties may offer products or services through our services.
  • We are not responsible for:
    1. Performance of such services,
    2. Provision of offered products, or
    3. Compliance with legal or contractual standards by third parties.
  • We do not supervise, control, or monitor offers, jobs, products, or services from members.
  • We do not endorse specific members’ offers and do not act as an intermediary or representative.

3.4 Restrictions on Use

Rights to Restrict Use
Tobias Hess GmbH reserves the right to restrict your use of the services, e.g.:

  1. Use of specific apps or functions (e.g., storage features, uploads, or other features)
  2. Temporary suspension of functions in case of suspected abuse or technical issues

Actions in Case of Violations
We may restrict, suspend, or close your account if you:

  1. Violate this agreement,
  2. Violate applicable law, or
  3. Abuse the services (e.g., violating community guidelines or Dos & Don’ts).

Removal of Content

  • Content or information may be removed if it violates:
    • Community Guidelines
    • Dos & Don’ts
    • This agreement
  • More information is available in our content moderation policies.

3.5 Intellectual Property Rights and Use of Code

Rights of Tobias Hess GmbH
Tobias Hess GmbH retains all intellectual property rights in the services, including:

  • Software, code, scripts, or other programmable content
  • Designs, graphics, layouts, and texts
  • Trademarks, logos, service marks, and product names

Use and Restrictions

  • Members and visitors may not copy, modify, distribute, or commercially use content, including code, unless expressly authorized in writing.
  • Any use outside the intended functions of the services is prohibited.
  • No rights to intellectual property are transferred.

License for Internal Use

  • Content and code may only be used within the intended service functions (e.g., for display or editing in your own account).

Rights in Case of Violations

  • In case of violations, we reserve the right to take action, including account restrictions or legal steps.

3.6 Recommendations and Automated Processing

Use of Data for Recommendations
We use provided data to display relevant content and suggestions, e.g.:

  • Recommendations for contacts and content
  • Job suggestions
  • Ads and features
  • Optimization of feed order

A current profile improves the relevance of these recommendations.

Generative AI Features
Some services generate automated content, e.g., via generative AI. Please note:

  • Content may be inaccurate, incomplete, delayed, or misleading.
  • You are responsible for reviewing, editing, and compliant use before sharing.

General Notes

  • Automated or third-party generated content should always be carefully reviewed, regardless of labeling.

Reporting Problematic Content

  • Problematic, faulty, or misleading content should be reported immediately so we can take appropriate action.
  1. Liability and Limitation of Liability

4.1 Use of Services at Your Own Risk

Use of the services is at your own risk.
Tobias Hess GmbH provides the services “as is” and “as available.”
We do not guarantee:

  • Error-free services
  • Uninterrupted availability
  • Suitability for a particular purpose
  • Accuracy, completeness, or timeliness of content

4.2 Exclusion of Certain Warranties

To the extent permitted by law, we disclaim all express or implied warranties, including:

  • Warranties of merchantability
  • Warranties of fitness for a particular purpose
  • Warranties of non-infringement of third-party rights

This applies also to content, services, or features from third parties.

4.3 Liability for Damages

Principle

  • Tobias Hess GmbH is liable only to the extent legally permitted.

Liability Exclusion
We are not liable for:

  • Indirect damages
  • Consequential damages
  • Lost profits
  • Data loss
  • Service outages
  • Intangible damages

This applies regardless of whether the damage arises from contract, tort, or other legal grounds.

4.4 Limitation of Liability

Maximum Liability

  • To the extent legally permissible, our liability is limited to:
    • The amount you paid under this app agreement
    • Maximum 1,000 EUR

Time Period

  • The limitation applies to claims arising within twelve (12) months after the event causing the damage.

4.5 Mandatory Legal Liability

  • The above limitations do not apply where liability is mandatorily required by law, including:
    • Intent or gross negligence
    • Injury to life, body, or health
    • Product liability law

4.6 Liability for Third-Party Content and Services

  • We are not liable for third-party content, products, or services accessible through the services.
  • In particular, we are not liable for:
    • Accuracy or legality of third-party content
    • Availability or functionality of external services
    • Damages arising from the use of third-party offers
  • Use of such content or services is entirely at your own risk.

5. Term, Changes, and Termination

5.1 Term

  • This agreement begins when you first use the services and continues indefinitely.
  • If you use paid services, the applicable term follows the plan or offer you selected at the time of purchase.

5.2 Changes to the Services

Tobias Hess GmbH reserves the right to modify, further develop, or adjust the services at any time.
This includes, in particular:

  • Technical changes
  • Functional expansions or restrictions
  • Adjustments to comply with legal requirements
  • There is no entitlement to the continued availability of specific features or services.

5.3 Changes to This Agreement

Notification of Changes

  • Changes will be published in a suitable form (e.g., within the app or on the website).
  • Material changes will, if required, be announced separately.

Consent

  • Continued use of the services after the changes take effect constitutes acceptance of the revised agreement.
  • If you do not agree with changes, you may terminate your use of the services and close your account.

5.4 Termination by You

You may terminate this agreement at any time by:

  • Closing your account, or
  • Stopping use of the services if no account is required.

Effects of Termination

  • Your right to use the services ends.
  • Stored content or data may be deleted, unless legal retention obligations apply.
  • Paid services continue until the end of the billing period unless different cancellation rules apply.

5.5 Termination by Tobias Hess GmbH

Tobias Hess GmbH may suspend or terminate your use of the services wholly or partially, especially if:

  1. You violate this agreement,
  2. You violate applicable law, or
  3. There is abuse of the services.

Immediate Termination

  • Immediate termination is possible, in particular in cases of:
    • Severe or repeated violations
    • Illegal use
    • Threats to the security or integrity of the services

5.6 Consequences of Termination

Upon termination of this agreement:

  • Your right to use the services ends immediately.
  • Access to your account and content may be blocked.
  • Provisions that by their nature continue after termination remain in effect (e.g., liability, intellectual property).

6. Governing Law and Dispute Resolution

6.1 Governing Law

  • This agreement is governed exclusively by the laws of the Federal Republic of Germany.
  • The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

6.2 Jurisdiction

  • For all disputes arising from or in connection with this agreement, Siegen is agreed as the exclusive place of jurisdiction, as far as legally permissible.

6.3 Consumer Protection

  • If you are a consumer under German law, all mandatory statutory consumer protection rights remain unaffected.

6.4 Alternative Dispute Resolution

7. General Provisions

7.1 Severability

  • If a court declares any part of this agreement invalid or unenforceable, the remaining provisions remain unaffected.
  • The parties commit to adjusting the invalid part so that it is legally enforceable and comes as close as possible to the original intent.
  • If this is not possible, the remainder of the agreement remains binding.

7.2 Entire Agreement

  • This agreement, including any additional terms, constitutes the complete agreement between you and Tobias Hess GmbH.
  • It replaces all prior oral or written agreements regarding the use of the services.

7.3 Waiver and Rights

  • Failure to enforce any part of this agreement by Tobias Hess GmbH does not constitute a waiver of rights.
  • You may not transfer this agreement, your membership, or use of the services to third parties without prior written consent.
  • Tobias Hess GmbH may assign this agreement to affiliated companies or a purchaser without your consent.

7.4 Third-Party Beneficiaries

  • This agreement does not confer rights on third parties; there are no third-party beneficiaries.

7.5 Legal Notices

  • Legal notices to Tobias Hess GmbH must be sent exclusively to the contact information provided in the imprint.

8. Dos and Don’ts

The Tobias Hess GmbH platform is intended for professionals and executives.
This list, along with our Community Guidelines, defines allowed and prohibited behaviors.
Exceptions are only possible if explicitly approved in writing by Tobias Hess GmbH (e.g., for research or cooperation agreements).

8.1 Permitted Behavior (Dos)

You agree to:

  • Comply with all applicable laws and regulations, including data protection, intellectual property, anti-spam, export controls, etc.
  • Provide correct contact and identity information and keep it up to date.
  • Use your real name in your profile and all services.
  • Use the services in a professionally appropriate and respectful manner to promote professional exchange.

8.2 Prohibited Behavior (Don’ts)

You agree not to:

  • Use false identity, impersonate others, or use third-party accounts.
  • Employ automated processes, bots, or scripts to browse services, collect data, or use content without authorization.
  • Circumvent security measures or manipulate technical protections.
  • Copy, distribute, or commercially use content or information without permission of the rights holder.
  • Share confidential third-party information without permission.
  • Infringe third-party intellectual property rights.
  • Post or distribute malware, viruses, or harmful code.
  • Reverse engineer or decompile the services without express permission.
  • Create the false impression of connection or endorsement by Tobias Hess GmbH.
  • Rent, sell, resell, or commercially exploit services or data.
  • Use deep links or external references for unauthorized purposes.
  • Use bots or automated methods for interactions that are not authentic.
  • Rebuild, mirror, or simulate the services.
  • Manipulate or disrupt the functioning of the services (e.g., spam, denial-of-service).
  • Violate applicable law, community guidelines, or additional service terms.
  • Use the services for fraudulent, misleading, discriminatory, or illegal purposes.
  • Misuse the reporting system for false, duplicate, or unjustified reports.

9. Content Complaints

  • Members and visitors may report content that violates third-party rights, community guidelines, this agreement, or applicable law.
  • Tobias Hess GmbH may remove content, features, or access if necessary to protect the platform, third parties, or prevent misuse.
  • In cases of severe violations, Tobias Hess GmbH may take measures up to account suspension.
  • We respect third-party intellectual property rights. Content must be accurate and not infringe third-party rights.

10. Contact

  • Legal notices, inquiries, or complaints must be directed exclusively to the contact information provided in the imprint of Tobias Hess GmbH.
  • Ensure your messages contain all necessary information to allow efficient processing.