ExecMatchAI | Terms and Conditions

Preamble

These Terms and Conditions (hereinafter "Terms") constitute a legally binding agreement between you ("User", "you", or "your") and ExecMatchAi (hereinafter "ExecMatchAi", "Company", "we", "us", or "our"), a company registered and operating under the laws of the Federal Republic of Germany, with its registered office in Berlin.

ExecMatchAi operates the platform accessible at https://www.execmatch.ai/ (the "Platform"), which provides technology-enabled services relating to mentorship matching and executive search (collectively, the "Services").

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

If you are accessing or using the Platform on behalf of an entity (e.g., your employer or a company), you represent and warrant that you have the authority to bind such entity to these Terms, and all references to "you" shall include such entity.

§1 – Definitions

In these Terms, the following definitions shall apply unless the context otherwise requires:

"Candidate" means any individual who registers on or is presented through the Platform for executive search or mentorship opportunities.
"Client" means any individual or organisation using the Platform to seek executives, mentors, or mentees, or to post engagement opportunities.
"Content" means any data, text, images, profiles, communications, or other materials submitted, posted, or transmitted by Users through the Platform.
"Engagement" means any mentorship relationship, executive placement, or other professional arrangement facilitated through or initiated via the Platform.
"Personal Data" has the meaning ascribed to it in Article 4(1) of Regulation (EU) 2016/679 (GDPR).
"Services" means all features, tools, communications, and functionalities made available by ExecMatchAi through the Platform, including mentorship matching, executive search, and related ancillary services.
"User" means any person or entity that accesses or uses the Platform, including Candidates and Clients.

§2 – Scope of Services and Platform Role

2.1 Nature of the Platform

ExecMatchAi operates exclusively as a technology platform and intermediary that facilitates connections between Candidates and Clients for the purposes of mentorship and executive search. ExecMatchAi is not a party to any Engagement between Users and does not act as an employer, employment agency, recruiter, mentor, coach, consultant, or advisor.

2.2 No Employment or Agency Relationship

No employment, partnership, joint venture, agency, or fiduciary relationship is created between ExecMatchAi and any User by virtue of these Terms or the use of the Platform. ExecMatchAi does not employ, recommend, endorse, or vouch for any Candidate or Client. The Platform merely provides a technological environment for Users to connect; all decisions regarding any Engagement are made solely by the Users involved.

2.3 No Guarantee of Results

ExecMatchAi makes no representations or warranties, express or implied, regarding the quality, suitability, availability, reliability, timeliness, or accuracy of the Services, any Content, or any Engagement. ExecMatchAi does not guarantee that use of the Platform will result in any mentorship match, executive placement, hire, or other specific outcome. Users acknowledge and accept that the Platform is provided on an "as is" and "as available" basis.

2.4 Third-Party Services

The Platform may contain links to or integrate with third-party websites, services, or tools. ExecMatchAi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services. Users access third-party services at their own risk.

§3 – User Registration and Accounts

To access certain features of the Platform, you may be required to create an account. You must provide accurate, current, and complete information during registration and keep your account information up to date.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify ExecMatchAi immediately of any unauthorised access to or use of your account.
You must be at least 18 years of age to create an account and use the Platform. By registering, you represent and warrant that you meet this age requirement.
ExecMatchAi reserves the right to suspend, restrict, or terminate your account at any time, with or without notice and with or without cause, including but not limited to violations of these Terms. ExecMatchAi shall not be liable for any loss or damage arising from such suspension, restriction, or termination.

§4 – User Obligations and Conduct

4.1 General Obligations

Users agree to use the Platform only for lawful purposes and in accordance with these Terms. Users shall not:

Provide false, misleading, or fraudulent information in any profile, application, or communication;
Use the Platform to harass, defame, intimidate, or discriminate against any person;
Upload or transmit any Content that infringes any intellectual property, privacy, or other rights of third parties;
Attempt to gain unauthorised access to the Platform, other User accounts, or ExecMatchAi's systems;
Use any automated means (bots, scrapers, crawlers) to access, collect data from, or interact with the Platform without prior written consent;
Circumvent, disable, or otherwise interfere with security-related features of the Platform;
Use the Platform for any purpose that violates applicable law, including but not limited to anti-discrimination, data protection, and employment laws.

4.2 Content Responsibility

Users are solely responsible for the accuracy, completeness, legality, and appropriateness of all Content they submit to or through the Platform. ExecMatchAi does not pre-screen User Content and disclaims all liability for any Content posted by Users. ExecMatchAi reserves the right, but has no obligation, to review, monitor, edit, or remove any Content at its sole discretion and without notice.

4.3 Client-Specific Obligations

Clients are solely responsible for all decisions related to any Engagement, including hiring decisions, mentorship arrangements, and compliance with all applicable laws (including anti-discrimination, employment, and data protection laws). Clients shall not rely on ExecMatchAi as a substitute for their own independent judgment and due diligence.

§5 – Intellectual Property

5.1 Platform Ownership

The Platform, including all software, design, text, graphics, logos, icons, images, audio, video, data compilations, algorithms, and the arrangement thereof, is the exclusive property of ExecMatchAi or its licensors and is protected by German, European Union, and international intellectual property laws. No rights or licences are granted to you except as expressly set forth in these Terms.

5.2 Limited Licence

Subject to your compliance with these Terms, ExecMatchAi grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose. This licence does not include the right to modify, reproduce, distribute, create derivative works from, publicly display, or commercially exploit any part of the Platform without ExecMatchAi's prior written consent.

5.3 User Content Licence

By submitting Content to the Platform, you grant ExecMatchAi a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with the operation and promotion of the Platform and Services. You represent and warrant that you have all necessary rights to grant this licence and that the Content does not infringe any third-party rights.

§6 – Data Protection and GDPR Compliance

6.1 Data Controller

ExecMatchAi acts as the data controller within the meaning of Article 4(7) GDPR for Personal Data collected directly through the Platform for the purposes of providing the Services. For the avoidance of doubt, when a Client receives Candidate data through the Platform for the purposes of an Engagement, such Client becomes an independent data controller for any further processing of that data.

6.2 Legal Basis for Processing

ExecMatchAi processes Personal Data on the following legal bases under Article 6(1) GDPR:

Contractual necessity (Art. 6(1)(b) GDPR): Processing necessary for the performance of a contract to which the User is party, or for steps taken at the User's request prior to entering into a contract;
Legitimate interests (Art. 6(1)(f) GDPR): Processing necessary for the purposes of the legitimate interests pursued by ExecMatchAi, including platform security, fraud prevention, service improvement, and analytics, except where such interests are overridden by the data subject's fundamental rights and freedoms;
Consent (Art. 6(1)(a) GDPR): Where the User has given consent for specific processing purposes, such as marketing communications or the processing of special categories of data;
Legal obligation (Art. 6(1)(c) GDPR): Processing necessary for compliance with a legal obligation to which ExecMatchAi is subject.

6.3 Categories of Data Processed

ExecMatchAi may process the following categories of Personal Data: name, email address, telephone number, professional qualifications and experience, CV/resume data, profile information, communication records, usage data (IP address, browser type, device identifiers, access times), and any other information voluntarily provided by the User through the Platform.

6.4 Data Subject Rights

In accordance with Articles 15–22 GDPR, Users have the right to: access their Personal Data (Art. 15); rectification of inaccurate data (Art. 16); erasure of data ("right to be forgotten") (Art. 17); restriction of processing (Art. 18); data portability (Art. 20); object to processing (Art. 21); and not to be subject to decisions based solely on automated processing, including profiling (Art. 22). To exercise any of these rights, Users may contact ExecMatchAi at the address provided in §16 of these Terms.

6.5 Data Retention

Personal Data will be retained only for as long as is necessary for the purposes for which it was collected, or as required by applicable law. Upon termination of a User's account, ExecMatchAi will delete or anonymise the User's Personal Data within a reasonable period, except to the extent retention is required by law or for the establishment, exercise, or defence of legal claims.

6.6 International Data Transfers

Where Personal Data is transferred to recipients outside the European Economic Area (EEA), ExecMatchAi shall ensure that appropriate safeguards are in place in accordance with Chapter V of the GDPR, including but not limited to Standard Contractual Clauses (SCCs) adopted by the European Commission, or an adequacy decision pursuant to Article 45 GDPR.

6.7 Data Security

ExecMatchAi implements appropriate technical and organisational measures in accordance with Article 32 GDPR to ensure a level of security appropriate to the risk, including encryption of data in transit and at rest, access controls, regular security assessments, and incident response procedures. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and ExecMatchAi cannot guarantee absolute security.

6.8 Cookies and Tracking Technologies

The Platform may use cookies and similar tracking technologies in accordance with applicable EU law, including Directive 2002/58/EC (ePrivacy Directive) and the GDPR. Details regarding the types of cookies used, their purposes, and how Users can manage their cookie preferences are set out in our separate Cookie Policy, accessible on the Platform.

6.9 Data Sharing with Clients

By submitting a profile or application through the Platform, Users authorise ExecMatchAi to share their Content and Personal Data with relevant Clients for the purpose of facilitating Engagements. Once data is shared with a Client, that Client's processing of Personal Data is governed by the Client's own privacy policies and applicable law. ExecMatchAi disclaims all liability for the processing of Personal Data by Clients after transmission.

6.10 Data Protection Officer

Users may contact ExecMatchAi's data protection officer (if appointed) or the responsible data protection contact via the contact details provided in §16.

6.11 Supervisory Authority

Users have the right to lodge a complaint with the competent supervisory authority. For Users in Berlin, Germany, the competent authority is the Berliner Beauftragte für Datenschutz und Informationsfreiheit (Berlin Commissioner for Data Protection and Freedom of Information).

§7 – Fees and Payment

Certain Services may be offered free of charge, while others may require payment of fees. All fees, payment terms, and billing arrangements are set out on the Platform or in a separate agreement between ExecMatchAi and the User. All fees are exclusive of applicable taxes unless otherwise stated. ExecMatchAi reserves the right to change its fee structure at any time upon reasonable notice to affected Users. Non-payment of fees may result in suspension or termination of access to paid Services.

§8 – Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ExecMatchAi does not warrant that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Platform will be accurate, reliable, or complete; (c) any Content, including User Content, will be accurate, complete, or lawful; or (d) any defects in the Platform will be corrected.

ExecMatchAi does not conduct background checks, verify credentials, or validate the identity, qualifications, or suitability of any User. Users interact with other Users entirely at their own risk. ExecMatchAi is not responsible for and disclaims all liability arising from any Engagement or interaction between Users.

§9 – Limitation of Liability

9.1 Exclusion of Liability

To the maximum extent permitted by applicable law, ExecMatchAi, its directors, officers, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, arising out of or in connection with these Terms, the Platform, the Services, or any Engagement, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and regardless of whether ExecMatchAi has been advised of the possibility of such damages.

9.2 Cap on Liability

To the maximum extent permitted by applicable law, ExecMatchAi's total aggregate liability to any User for all claims arising out of or in connection with these Terms, the Platform, or the Services shall not exceed the greater of: (a) the total fees paid by such User to ExecMatchAi during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred euros (€100).

9.3 Mandatory Liability under German Law

Nothing in these Terms shall exclude or limit liability: (a) for intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit) of ExecMatchAi or its legal representatives or vicarious agents (§ 276, § 278 BGB); (b) for damages arising from injury to life, body, or health (§ 309 Nr. 7a BGB); (c) under the German Product Liability Act (Produkthaftungsgesetz); or (d) to the extent otherwise not permissible under mandatory provisions of German law. For slight negligence (einfache Fahrlässigkeit), ExecMatchAi shall only be liable in the event of a breach of a material contractual obligation (wesentliche Vertragspflicht / Kardinalpflicht), and such liability shall be limited to the foreseeable, typically occurring damages.

§10 – Indemnification

You agree to indemnify, defend, and hold harmless ExecMatchAi, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of or access to the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any Content you submit to or through the Platform; (e) your Engagement with any other User; or (f) your infringement of any intellectual property or other rights of any third party.

§11 – Term and Termination

These Terms shall remain in effect as long as you access or use the Platform. You may terminate your account at any time by contacting ExecMatchAi or using the account deletion functionality on the Platform, if available.
ExecMatchAi may terminate or suspend your access to the Platform at any time, with or without cause, and with or without notice, at its sole discretion. Upon termination, your right to access and use the Platform shall immediately cease.
Termination shall not affect any rights, obligations, or liabilities that have accrued prior to the effective date of termination. The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to §5 (Intellectual Property), §6 (Data Protection), §8 (Disclaimer), §9 (Limitation of Liability), §10 (Indemnification), §13 (Governing Law), and §14 (Dispute Resolution).

§12 – Force Majeure

ExecMatchAi shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from circumstances beyond ExecMatchAi's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, epidemics, pandemics, government actions, sanctions, embargoes, power failures, internet or telecommunications failures, cyberattacks, or any other force majeure event. During such an event, ExecMatchAi's obligations under these Terms shall be suspended for the duration of the force majeure event.

§13 – Governing Law

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Mandatory consumer protection provisions of the country of the User's habitual residence that cannot be derogated from by agreement shall remain unaffected.

§14 – Dispute Resolution

14.1 Amicable Settlement

The parties shall endeavour to resolve any dispute arising out of or in connection with these Terms amicably through good-faith negotiation.

14.2 Jurisdiction

Subject to mandatory statutory provisions regarding jurisdiction (in particular for consumers), the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Berlin, Germany.

14.3 Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. ExecMatchAi is not obligated and does not undertake to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

§15 – Miscellaneous Provisions

15.1 Amendments

ExecMatchAi reserves the right to modify these Terms at any time. Material changes will be communicated to Users through the Platform or via email with reasonable advance notice. Continued use of the Platform after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree with any changes, you must discontinue use of the Platform and terminate your account.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision (§ 306 BGB).

15.3 Entire Agreement

These Terms, together with any separate agreements or policies referenced herein (including the Privacy Policy and Cookie Policy), constitute the entire agreement between you and ExecMatchAi with respect to your use of the Platform and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral.

15.4 No Waiver

The failure of ExecMatchAi to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by ExecMatchAi.

15.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without ExecMatchAi's prior written consent. ExecMatchAi may assign its rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets, without your consent.

15.6 Language

These Terms are drafted in English and German. In the event of any conflict or discrepancy between the English and German versions, the German version shall prevail.

Terms and Conditions