Terms and Conditions

1. Preamble

The “BauMatch” app (hereinafter the “platform”) is a digital matching and communication platform for the professional networking of employees (in particular in the construction, trades and services sector) and employers or clients.

BauMatch is not an employment agency in the legal sense, provides no guarantee of success or conclusion of a contract, and does not become a party to any contracts concluded between users.

2. Subject matter

The subject matter of these terms is the use of the platform’s functions, in particular:

• Creating and managing user profiles
• Matching functions
• Chat and communication functions
• Listings, job offers and advertising

3. Registration & user account

Use of the platform requires registration. Users undertake to provide true, complete and up-to-date information and to update it whenever it changes.

Only one user account per person is permitted. The operator reserves the right to block or delete multiple accounts.

4. Eligibility

Use is permitted exclusively to natural persons aged 18 and over. Users warrant that they have not been excluded from use and that there are no legal impediments to their use.

5. Territorial scope & applicable law

Use of the platform is restricted exclusively to the geographical territory of the Federal Republic of Germany. The origin of users is irrelevant as long as use takes place within Germany. Until further notice, geographical use is verified on a random sample basis.

All contractual relationships initiated or concluded via the platform are governed exclusively by the law of the Federal Republic of Germany.

6. User obligations & rules of conduct

Users undertake not to misuse the platform; in particular, the following actions are prohibited:

• Infringement of third-party rights (copyright, personality rights, etc.)
• unlawful, discriminatory, pornographic or insulting content
• misleading or false information
• spam, fraudulent or advertising content without approval

The operators and developers of the platform expressly oppose undeclared work and any form of illegal employment. The platform must not be used to arrange, advertise or agree undeclared work.

Undeclared work can have serious legal consequences – in particular fines, criminal investigations and back payments of taxes and social security contributions. When initiating and carrying out assignments and employment, users are obliged to comply with the applicable statutory provisions.

7. User content

Users remain the owners of their content but grant the operator an EU-wide, non-exclusive, royalty-free right of use for display, processing and distribution within the platform. Use outside the European Economic Area is prohibited.

8. Advertising & listings

The platform may contain advertising, sponsored content or listings. The operator accepts no liability for the content of external advertising partners.

9. Liability

The liability of the platform operators is limited to the legally permissible minimum. The operator is liable only for intent and gross negligence. No liability is accepted for content, conduct or contracts concluded between users.

10. Blocking & termination

Users may delete their account at any time. The operator is entitled to block or delete accounts in the event of breaches of these terms.

11. Changes to these terms

The operator reserves the right to amend these terms. Changes will be announced in good time.

12. Dispute resolution

If for any reason you are dissatisfied with BauMatch’s services, we ask you to contact our customer service first so that we can try to resolve your concern informally and without involving external bodies. BauMatch values a fair, transparent and cooperative relationship with its users and appreciates the benefits of an amicable out-of-court resolution for everyone involved.

A “dispute” means any dispute, disagreement or claim arising between you and BauMatch on any legal basis, in particular those arising from or in connection with the use of the platform, these terms and conditions or the existing user relationship. The term dispute is to be interpreted broadly and also covers claims that arose before these terms took effect as well as claims asserted during or after the end of the user relationship.

Before a dispute is formally pursued in or out of court, both parties undertake to first conduct an informal dispute resolution procedure. To this end, the party wishing to assert a dispute must send the other party a detailed written notice. This notice must contain at least the following information:

• the full name of the user concerned,
• sufficient information to clearly identify the user account (e.g. username, registered email address, profile details),
• a detailed description of the dispute, including the factual basis of the claim asserted and the specific remedy sought.

In the case of a dispute asserted by BauMatch, BauMatch will send a corresponding notice to the contact address you last provided (in particular your email address).

Upon receipt of a proper notice, both parties undertake to negotiate with each other in good faith in order to reach an amicable solution. As part of this informal procedure, either party may request a telephone or digital conversation to discuss the dispute. Participation of legal counsel is permitted.

This informal dispute resolution procedure is a prerequisite for initiating court or other formal proceedings, unless mandatory statutory provisions state otherwise. For the duration of the informal dispute resolution procedure, any limitation periods are suspended.

All statements, offers, commitments or settlement proposals exchanged as part of this informal dispute resolution procedure are confidential and may not be used as evidence in subsequent court or out-of-court proceedings, to the extent permitted by law.

13. Final provisions

German law applies. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.