1.General

1. P-ick is a platform provided by P-ick UG (limited liability) (P-ick is also referred to as "we" or "us" below) for career orientation for young professionals, career changers and people with barriers or difficult access to the job and volunteer market. In the P-ick app, we inform these young people, i.e. the P-ick app users (the P-ick app users are hereinafter also referred to as "P-ickers"), about jobs, training places, dual study places, internships and volunteer opportunities. In this context, we draw the P-ickers' attention to the positions advertised by your company or organisation (your company or organisation will also be referred to as "P-rof" or "you" below) and thus enable the P-ickers to apply for advertised positions with you.

2. These P-ick App P-rof Terms and Conditions (hereinafter also referred to as "P-rof Terms and Conditions") therefore govern the fundamental legal relationship between us and you as a P-rof and apply when we conclude a "Partner Agreement" with you within the framework of a separate agreement, e.g. via the registration process you have completed, the booking of specific services offered by us or an offer accepted by you, or through a contract negotiated between us. The partner agreement concluded on the basis of such an agreement therefore consists of the respective agreement and these P-rof T&Cs. All provisions made in the separate agreement take precedence over the provisions of these P-rof T&Cs.

3. In addition to the Partner Agreement between you and us, a direct contractual relationship may be established between you and the respective P-ickers for the position you have advertised. In this relationship, your own contracts and agreements that you enter into with the relevant P-ickers shall apply.

4. The partner agreement applies exclusively with regard to the services we provide to you. Deviating terms and conditions of the partner do not apply to us and therefore do not become part of the contract. The validity of such terms and conditions is expressly rejected. The priority of individual agreements between the parties over this partner agreement remains unaffected.

5. The P-ick app is only available to P-rofs who offer their services in the course of their business activities and thus as companies within the meaning of Section 14 of the German Civil Code (BGB), as public-law corporations, as non-profit companies, registered or economic associations or as special funds under public law.

2.Performance obligations

1. With the P-ick app, we offer a platform for advertising job vacancies that you would like to fill with the P-ick app's target audience. The P-icker target group of the P-ick app consists primarily of young professionals, career changers and people with barriers or limited access to the job and volunteer market aged 14 and above who use the P-ick app for career guidance.

2. For these P-ickers, you can use the P-ick app to provide information about your jobs, apprenticeships, dual study places, internships and volunteer opportunities (hereinafter also referred to as "positions").

3. In the P-ick app, we advertise your positions by creating offers, making them visible to your target group, enabling interview bookings or providing advertising space (hereinafter also referred to as "P-rof placements") to interested P-ickers, thereby enabling them to contact you and apply for your positions. P-ick and the P-ick app act as a technical platform for providing information about your positions and as an intermediary for the corresponding legal relationships and contracts that are concluded directly between the P-ickers and you as a P-rof.

4. We provide you with services such as the provision of our P-ick app as a technical environment for your P-rof placements, the design and creation of advertisements for your advertised positions, "matching", i.e. introducing interested P-ickers to you as a P-rof and your advertised position, as well as providing technical support for communication between you and the P-ickers (hereinafter also referred to as "P-ick services").

5. If agreed, we will also carry out marketing measures for you in connection with the provision of our P-ick services, such as the production and sharing of social media posts (hereinafter referred to as "marketing measures").

6. If agreed, we shall also provide you with support measures and answer queries via email and telephone to the extent possible for us in relation to the provision of our P-ick services and to P-ickers interested in your positions. We will accept emails and phone calls during normal business hours (usually between 9 a.m. and 5 p.m.) and respond to them promptly or forward enquiries from P-ickers to you for response.

7. For our P-ick services, our marketing measures and the support measures we provide, you shall pay us the fee specified in the partner agreement.

8. If a contractual relationship arises between you and P-ickern regarding the position you have advertised, this relationship shall exist exclusively between you and P-ickern directly. In this respect, the P-ick app acts solely as a technical environment for presenting your advertised positions. We are not a party to these contracts concluded directly between you and P-ickern.

3.Requirements for your placement in the P-ick app

1. Our P-ick app only lists positions and P-rofs that meet our requirements. These requirements are set out below in the P-ick P-rof Guidelines. We reserve the right to amend these requirements if this is objectively necessary or to ensure customary safety and quality standards.

2. P-ick P-rof Guidelines:

1. You are obliged to create and maintain your appearance in your partner profile and your P-rof placements in the P-ick app in a permanently up-to-date manner in accordance with the requirements for content, allocation, completeness, images and layout. To this end, you must enter the necessary information and files into your partner profile or P-rof placements yourself, if technically possible, or otherwise provide them to us upon request so that we can enter them into your partner profile or create the P-rof placements.

2. If required and in accordance with the law in relation to your P-rof placements, you must provide information on the evidence, certifications or other qualifications that interested P-ickers must have in order to be considered for your position.

3. You are obliged to comply with the legal requirements as a (potential) employer towards the P-ickers and therefore, in particular, during the placement and further application phase and in the event of the employment of P-ickers in your company or organisation, to fully observe and fulfil the legal, (data protection) and official regulations that apply to you as an employer.

4. The images, texts, graphics, videos, etc. used in the P-ick app and provided by you for this purpose to display P-rof placements must be permitted under applicable law (e.g. copyright law, competition law, etc.), lawful and free of third-party rights.

5. You must obtain all legally and officially required permits and licences that are necessary or reasonable for the operation of your business or organisation at your own expense and present them upon request.

6. Unless expressly permitted in the Partner Agreement, you may not refer to your own website in your partner profile or in your P-rof placements, advertise services offered outside the P-ick app, or ask P-ickers to contact you outside the P-ick app. You are, of course, permitted to advertise your positions outside the P-ick app. In this respect, there is no exclusivity obligation. 

1. We are entitled, upon providing legitimate reasons, to refuse to place your advertised positions or publish P-rof placements via our P-ick app and to block or exclude you as a P-rof or to terminate the partner agreement with immediate effect if we receive repeated complaints about you or if the requirements of this partner agreement, other requirements communicated by us or compliance with legal regulations are repeatedly disregarded by you. We will inform you of this immediately and give you the opportunity to comment. Before a complete suspension or exclusion, we will inform you in advance, giving you reasonable notice and stating the reasons for this. If you remedy the reason that led to the rejection, suspension or exclusion, we will consider reinstating your services in our P-ick app.

4.Ranking & P-rof placements

1. The display and suggestion of your P-rof placements to P-ickers using the P-ick app is based on the search and interest profile of the respective P-icker. This search and interest profile may be determined by regionality, professional specifications and other criteria that can be set by P-ickers when using the P-ick app.

2. In the P-ick app, you can book advertising space and visibility packages (hereinafter also referred to as "advertising spaces") as part of your P-rof placements. The following criteria apply in particular:

   1. Booking an advertising space improves the placement of your advertised position or your partner profile.

   2. You are responsible for the use and design of the advertising space in accordance with the P-ick P-rof Guidelines.

   3. No impressions (e.g. CPM) can be guaranteed for "advertising space" (advertising banners).

   4. The ranking of the placement of the advertising spaces you have booked is designed in such a way that each advertising banner appears equally often as other advertising banners booked by other P-rofs in the most relevant places in our P-ick app within the scope of the booked advertising conditions.

5.Partner agreement & use

1. In order to use the P-ick app as a placement platform for your advertised positions and for your P-rof placements, you must conclude a partner agreement. Unless otherwise agreed, this can be done by accepting our offer, registering online, booking specific P-ick services or by any other means provided to you.

2. If you conclude the partner agreement on behalf of a company or other organisation, a partnership or a legal entity, you guarantee that you are authorised to legally represent and bind them.

3. In your partner profile or upon our request, you must upload or provide us with documents such as your logo, legal notice, information about the advertised position and other contractually or legally required information relating to the position you are advertising, which are relevant for the placement of your position via the P-ick app.

4. In your partner profile or through regular communications from us, you will be regularly informed about relevant actions and transactions relating to your P-rof placements made in the P-ick app. You will be informed about relevant key figures such as views of the advertising placements of your positions, interaction rates and general information about the development and functions of the P-ick app.

6.Fee

1. For the use of our P-ick services in our P-ick app, we will receive from you the fee agreed with you in the partner agreement and, in particular, in the offer or as part of your booking of our P-ick services. Unless otherwise agreed, this fee shall be deemed remuneration for all our P-ick services as well as our marketing and support measures. The remuneration to which we are entitled is subject to VAT at the applicable statutory rate.

2. Unless otherwise agreed, invoices are due immediately and payable within 14 days.

3. We are entitled to use payment service providers for billing purposes. You may need to enter into a separate contractual relationship with these payment service providers in order to use their services. We are not responsible for this contractual relationship between you and the payment service providers.

4. You are only entitled to offset claims if your counterclaims have been legally established, recognised by us or are undisputed; this does not apply to the assertion of claims for defects. You are only entitled to exercise a right of retention if your counterclaim is based on this contract.

7. Liability

1. We are liable for damages that we cause you in connection with our rights and obligations under the partner agreement, subject to the following provisions and in accordance with the law.

2. In the event of simple negligence, we shall only be liable if this constitutes a breach of a material contractual obligation. A material contractual obligation is an obligation whose fulfilment is essential for the proper execution of a contract and on whose fulfilment the other party may regularly rely. In the event of simple negligence, liability shall be limited to the damage typical for the contract and foreseeable damage. Liability for compensation for indirect property damage and financial loss, in particular loss of profit, is completely excluded in cases of simple negligence. In cases of force majeure and free use, our liability for simple negligence is excluded altogether.

3. We shall be liable without limitation for injury to life, limb or health and for intentional or fraudulent acts. The same shall apply in the event of a written guarantee being given for the quality or durability of a service to be provided by the parties. Liability under the Product Liability Act shall remain unaffected.

4. You are responsible for any fault on the part of your subcontractors as if it were your own fault.

5. If you breach your obligations under this contract, in particular the obligations set out in clause 3, you shall indemnify us against any liability and claims by third parties arising therefrom upon first request and reimburse us for any costs of legal action.

6. You are fully responsible for the contractual relationship between you and the P-ickers, in particular any employment relationship. If a P-icker makes a claim against us due to an action or omission on your part that is in breach of your obligations, without us being responsible for this, you shall indemnify us against any resulting liability and claims upon first request and reimburse us for the reasonable costs of legal action.

8.Rights of use & indemnification

1. You grant us all (please list further), distribution and, if applicable, support measures necessary (copyright) rights of use and industrial property rights to the content you provide for the advertising placement of your advertised positions for the provision of our P-ick services, online and offline marketing, in particular via the social media channels Instagram, Facebook, TikTok, YouTube, distribution and, if applicable, support measures, the necessary (copyright) usage rights and industrial property rights to the information and files provided by you for the advertising placement of your advertised positions, your company name, your brand name and any content provided, etc.

2. You guarantee that the aforementioned rights are free from any conflicting rights of third parties. Please inform us immediately in writing if you become aware of any third-party rights to your services.

3. You shall indemnify us in full and upon first request against any claims, in particular claims for payment and damages, arising from the infringement of third-party rights by your services or your content. At your request, we shall grant you the right to defend yourself against claims asserted by third parties and to provide you with all necessary information, make statements and grant powers.

9.Data protection

If, under this contract, you gain access to (personal) data from us or P-ickers, you agree to process this data only in a legitimate manner, for a purpose in accordance with the contract and in compliance with legal requirements. In the event that personal data is processed by us or by you in accordance with instructions and for a specific purpose, we will conclude a separate data processing agreement in accordance with Art. 28 GDPR at your express request.

We have access to personal data and other data that you or P-ickers have provided for the use of your P-rof services or that is generated in the course of providing our P-ick app. Further details on data protection are set out in our privacy policy and, where applicable, in the data processing agreement.

10.Confidentiality

1. In the course of their cooperation, the parties will become aware of trade secrets of the other party or third parties, in particular of customers. A trade secret is information that is not generally known or readily accessible to persons within the circles that normally deal with this type of information, either in its entirety or in the precise arrangement and composition of its components, and which therefore has economic value and is subject to reasonable confidentiality measures and where there is a legitimate interest in keeping it secret (cf. Section 2 GeschGehG). A trade secret is also information that is marked as a trade secret, protected by industrial property rights or copyright, covered by banking secrecy or data protection, and where there is a legitimate interest in keeping it confidential. Information that is known to the other party prior to disclosure, that becomes known to the public after disclosure without the involvement of the disclosing party, that the disclosing party has learned from a legitimate third party, and that the disclosing party has developed itself is not considered a trade secret.

2. The disclosing party and all persons who come into contact with trade secrets in accordance with their intended purpose are obliged to treat the trade secrets as strictly confidential and to use them or disclose them to third parties and employees only if this is necessary in connection with the business purpose. In all other respects, the disclosing party shall protect the trade secrets from becoming known to third parties.

3. Objects, files or other intangible items containing trade secrets shall be deleted immediately upon request by the disclosing party or at the latest upon termination of the contractual relationship, or returned to the disclosing party.

11.Reference

Both parties are entitled to mention the other party, including its logo and a brief description of its business, in their external communications. The information required for this purpose, such as logo, descriptive texts, version status, contact and support channels, must be provided in advance.

12.Community guidelines

1. Adjustments, changes and additions to our P-ick services, as well as measures taken to identify and remedy malfunctions, may lead to a temporary interruption or impairment of availability. We will carry out major maintenance work that could lead to a malfunction of our services outside normal business hours wherever possible.

2. You may not transfer our P-ick services to third parties for commercial use.

3. We protect our systems against virus attacks. However, virus attacks can never be completely ruled out. In addition, unauthorised third parties may send messages using our name without our consent, which may contain viruses or spyware, for example, or link to web content that contains viruses or spyware. We have no influence over this. You should therefore check all incoming messages sent under our name. This also applies to any messages from other P-ickers.

4. We are not responsible for any damage or loss of data that may arise from the installation of software that does not originate from us on your end devices.

5. You undertake not to disclose your partner profile data under any circumstances or to use the partner profile or account of a third party. If a third party uses your partner profile after gaining access to your login details because you have not secured them sufficiently against unauthorised access, you must treat yourself as if you had acted yourself.

6. In the event of reasonable suspicion that access data has been disclosed to unauthorised third parties, we are entitled, for security reasons, to change the access data ourselves without prior notice or to block your partner profile. We will inform you of this immediately and provide you with new access data within a reasonable period of time. You have no right to have the original access data restored.

7. You must inform us immediately if you become aware that unauthorised third parties have access to the access data for your partner profile or that unauthorised third parties are using your device. We would like to point out that access data should be changed regularly for security reasons.

8. When using our P-ick services, you are prohibited from:

• infringe the property rights of third parties, such as trademarks, copyrights and naming rights,

• harassing, insulting, defrauding or disparaging  P-ickers and third parties, 

• using measures, mechanisms or software in connection with the P-ick services that could disrupt the function and operation of the P-ick app,

• take measures that may result in an unreasonable or excessive load on the technical capacities of the P-ick app,

• block, overwrite or modify content,

• add elements to the P-ick app or change, delete or modify elements of the P-ick app in any other way,

• copy, extract or otherwise use graphic elements or attempt to decompile the source code of the P-ick app (subject to Section 69e of the German Copyright Act (UrhG)),

• use tools that interfere with the operation of the P-ick app (in particular so-called "bots", "hacks", etc.),

• obtain premium features or other advantages, such as the systematic or automatic control of the P-ick app or individual features of the P-ick app, through the use of third-party software or other applications, or exploit program errors for your own benefit ("exploits"),

• to distribute unauthorised commercial advertising for third-party products or programmes in connection with our P-ick services,

• using malicious or virus-infected documents, files, third-party IT systems and data in connection with our P-ick services,

• to use mechanisms, software and scripts that go beyond the functionalities and interfaces provided, in particular if this blocks, modifies, copies or overwrites our P-ick services, and

• to impair our P-ick services through data modification (Section 303a of the German Criminal Code (StGB)), computer sabotage (Section 303b StGB), falsification of evidence (Sections 269, 270 StGB), suppression of evidence (Section 274 StGB), computer fraud (§ 263a StGB), spying on data (§ 202a StGB), intercepting data (§ 202b StGB) or other criminal offences.

13.Your right to use our P-ick app

1. Software use & general information

1. You receive a simple, non-exclusive right to use our P-ick services, limited to the duration of the partner agreement and unrestricted in terms of location.

2. You are not authorised to issue, publicly reproduce, in particular make publicly available, edit, redesign, translate, decompile or otherwise redesign our P-ick app and our P-ick services. Your rights under Sections 69d (3) and 69e of the German Copyright Act (UrhG) remain unaffected.

3. We are entitled to use our P-ick services, including new releases, as well as general know-how, experience, methods and procedures developed in connection with the contract, for other purposes (provision to third parties, as open source software, etc.).

4. Test and demo licences are limited to a term of up to 30 days, unless otherwise agreed.

1. Open source software

1. We grant you the rights to open source software contained in our P-ick services that can be transferred to you in accordance with the licence conditions applicable to us. You are only permitted to use our P-ick services within the scope of these licence conditions. We accept no liability or warranty for any use beyond this.

14.Rules for dealing with illegal content

We have established the following rules because we are required to do so by the Digital Services Act, the EU Regulation (EU) 2022/2065 on a Single Market for Digital Services in the European Union.

The Digital Services Act aims to establish rules that create a safe, predictable and trustworthy environment for people who use platforms and apps such as our P-ick app.

The Digital Services Act regulates in particular the handling of illegal content in or via our P-ick app and obliges us to take specific measures, which we describe in more detail in these "Rules for dealing with illegal content".

1. Moderation & justification for the deletion of illegal content

1. We delete, block or restrict illegal content in our P-ick app. "Content" refers to any information of any kind. This information is "illegal" if it violates our Terms and Conditions, service descriptions, guidelines or applicable law.

2. Illegal content can be reported by P-ickers, partners or third parties. For details of the reporting procedure, see lit. b "Reporting and remedy procedure".

3. Insofar as reported or content identified by us is illegal and we have deleted, blocked or restricted it, we will justify our decision to delete, blocking or restricting such content and any suspension or termination of the entire or partial provision of our services to the person who published the illegal content, unless it is misleading, extensive commercial content. In this explanation, we will communicate the following points in particular:

1. Information on whether our decision concerns the removal of the information, the blocking of access to the information, the downgrading of the information or the restriction of the display of the information or the suspension or termination of payments in connection with this information, or whether other measures mentioned in connection with the information are imposed, and the geographical scope of the decision and its duration;

2. The facts and circumstances on which our decision is based, including, where applicable, whether our decision was made following a report or following voluntary investigations on our own initiative and, where absolutely necessary, the identity of the reporting person;

3. Information on whether automated means were used in the decision-making process, including whether our decision was made in relation to content identified or detected by automated means;

4. If our decision only concerns "presumed" illegal content, a reference to the legal basis and an explanation of why the information is considered illegal on that basis;

5. If our decision is based on the alleged incompatibility of the information with our Terms and Conditions, a reference to the relevant contractual provision and an explanation of why the information is considered incompatible with it;

6. Information on whether the data subject has any legal remedies available against the measure, in particular – depending on the circumstances – internal complaint management procedures, out-of-court dispute resolution and judicial remedies.

1. If a criminal offence has been committed by the publication of the unlawful content, or if there is a suspicion that a criminal offence has been committed, we will immediately notify the law enforcement or judicial authorities of our suspicion.

1. Reporting and remedy procedures

1. We review illegal content as soon as we become aware of any suspicion that such content has been published. We become aware of such content either through our own review or through a report of the relevant content to our central contact point (see below under c).

2. Illegal content can be reported directly online. Reports must be sent exclusively to our central contact point (see c) below) and must contain at least the following information:

1. A sufficiently detailed explanation of why the reporting person or organisation considers the information in question to be illegal content;

2. Clear indication of the exact location where the content is stored or found, e.g. by means of a precise URL and other relevant information to identify the content, e.g. screenshots, comments, etc.;

3. The name and email address of the reporting person/organisation, unless the report concerns criminal offences related to sexual abuse, sexual exploitation, child pornography or solicitation of children for sexual purposes; including incitement and aiding and abetting or attempting to commit the aforementioned criminal offences (see EU Directive 2011/93/EU, Articles 3 to 7);

4. A statement that the reporting person or institution is convinced in good faith that the information and statements contained in the report are accurate and complete.

1. We will immediately send the reporting person/organisation an electronic confirmation of receipt of the report to the contact details provided.

2. We will review the reports received promptly, carefully, impartially and objectively and decide whether the reported content is illegal without conducting a detailed legal review, and act accordingly. If the reported content is illegal, we will immediately delete, block or restrict it and, if necessary, take further measures as specified in section a, paragraph 3.

1. Central contact point for communication

We have set up a central contact point for communication. This contact point is responsible for receiving electronic reports of suspected illegal content from reporting persons and for responding to enquiries from authorities or third parties regarding the handling of illegal content. Please note the guidelines in section b regarding the content of reports.

All persons, authorities or other bodies (press, affected parties, etc.) can report illegal content directly online using our procedure at:

[email protected]

We will then deal with all reports in accordance with the process described in lit. a-c.

15.Term & termination

(1)The partner agreement is concluded with the inclusion of these P-rof General Terms and Conditions upon your independent registration or upon booking our P-ick services, provided that we refer to the P-rof General Terms and Conditions.

(2)Unless otherwise agreed during registration or when booking our P-ick services, the partner agreement is concluded for a period of one month. It can be terminated in writing with four weeks' notice to the end of the term. Unless otherwise agreed, the partner agreement shall be extended for a further year in the absence of termination.

(3)The right of the parties to terminate this contract for good cause remains unaffected.

(4)Upon termination of the partner agreement, we will discontinue our P-ick services to you. However, you remain obliged to fulfil any contracts previously concluded or in the process of being concluded with P-icker. You can transfer all data stored in your partner profile to your own systems after termination of the partner agreement. It will be irrevocably deleted 4 weeks after termination of the agreement.

16.Transfer to third parties

(1)Both parties are entitled to transfer the contract to an affiliated company, a legal successor or a German company that takes over the respective services. They shall inform each other of this in writing prior to the planned transfer.

(2)Any transfer of the contract to a foreign third party requires the prior consent of the other party. In the event of your objection, this contract shall continue unchanged. The objection shall be deemed an important reason for extraordinary termination of the contract.

17.Complaints management and mediation

(1)Due to the special requirements for our P-ick app as an online brokerage platform, the EU Platform2Business Regulation applies to our contractual relationship. This requires the following provisions in particular:

(2)If you have any complaints or questions about our measures and offers, you can contact us at any time via [email protected] . We will endeavour to resolve your complaint within 30 days of receiving it, in consultation with you.

(3)If we are unable to resolve your complaint or query to your satisfaction, we will offer you the opportunity to discuss the matter with us in mediation and resolve the complaint or query, if you wish to do so in your individual situation.

18.Final provisions

(1)The entire contractual relationship between the parties shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of law provisions.

(2)If you are acting as an entrepreneur, the exclusive place of jurisdiction is the court with jurisdiction at our registered office. This agreement on the place of jurisdiction does not apply if an exclusive place of jurisdiction is established for the dispute in accordance with the statutory provisions. If you are acting as a consumer, the place of jurisdiction is determined by the statutory provisions.

(3)Amendments and additions to the General Terms and Conditions and to the entire contract between us must be made in writing to be effective, unless the following explanations prescribe special form or procedural requirements.

1. Changes and additions that we make (or are required to make) due to changed legal or technical requirements for our services and that do not have any negative effects on the services to which you are entitled shall become effective if you do not object to a change within one (1) month of receiving notification of the change in text form and we have informed you in advance of your right to object. If you object to the change, the contract shall continue to apply unchanged and we shall be entitled to terminate the contract extraordinarily with one (1) month's notice to the end of the next calendar month.

2. Changes and additions to the contract that we wish to make due to changed service, remuneration or other commercial or operational requirements and which have negative effects on our contractual relationship with you shall only take effect if you expressly agree to them. This consent can be given by clicking a consent button in the notification of change (email or pop-up when using our services) or by any other simple and transparent means provided. If consent is not given, the contract shall continue to apply unchanged and we shall be entitled to terminate the contract within the contractually agreed notice periods.

3. The text form also applies to any amendment to this form clause. The priority of individual ancillary agreements remains unaffected.

4. The aforementioned deadlines do not apply and there is only a right to information about changes to the contract if the changes are necessary to avert an unforeseen and imminent danger in order to protect against fraud, malware, spam, data protection violations or other cyber security risks.

(4)Should any provision of the contract be or become invalid or should the contract contain a loophole requiring regulation, this shall not affect the validity of the remaining provisions or the loophole. In this case, the parties undertake to replace or supplement the invalid or incomplete provisions with provisions that come closest to the invalid or incomplete provisions in economic terms.

Status: July 2025