Recruitment market-place platform “Gurus n’ Heroes”
Terms of service
We, EdgeCase Technology GmbH (EdgeCase or Us), operate an online recruitment marketplace platform available at: https://gurusheroes.com (Platform). The Platform connects a business enterprise of any type (Company) and a professional skilled and experienced (Professional) interested either in employment or in hire as an independent contractor, and ensures the best matching between the jobs placed and the prospective professionals.
Please read carefully the terms and conditions (Terms of Service or Terms) below applied to the services we provide.
The sections “Main Terms” and “Other Terms” are equally applied to both, companies and professionals (if otherwise in not specified in the corresponding text). Section “For Companies” covers companies, and section “For Professionals” – professionals only.
If some sections or clauses of these Terms equally apply to companies and professionals, the company or professional are individually referred to as User or You.
Main terms and definitions
EdgeCase or Us
EdgeCase Technology GmbH , of Argentinische Allee 20A, 14163 Berlin, Amtsgericht Berlin HRB 193946 B, VAT-ID.: DE316678614. Managing directors: Arthur Barasch, Alexander Feldmann.
Account means a unique combination of user’s personal login and password sent to user’s email indicated upon the signing up to the Platform.
- User may use his account only after its activation by EdgeCase (clause 1.9.5).
- EdgeCase may suspend or terminate user’s account as set forth in these Terms.
Days mean calendar days.
The Platform may provide the following services (Services), including, but not limited to:
Regular subscription services:
- provision of user’s account;
- provision of profile, job or CV forms with mandatory or voluntary fields to be filled-in and updated online;
- automatic matching algorithms and software (Intelligent AI-Machine) to ensure the best matching of jobs a company may place and necessary skills, education and experience of prospective professionals;
- offers and acceptance online tools to connect companies with professionals;
- professional manual screening by EdgeCase to ensure best matching of jobs and professionals.
Specific set of regular subscription services available to companies.
Direct recruitment services on time-to-time basis: search and testing of professionals upon a company’s specific request.
Job means any job or project assuming either employment (full time or part-time) or working as an independent contractor.
- Job shall be deemed closed if it assumes only one professional to be hired and the hire has occurred (clause 1.13.1).
Professional means any individual interested in employment in the EU or elsewhere on permanent or temporary basis, or in hire as an independent contractor.
- To be eligible for enrollment (clause 1.9) a professional shall be of due legal age (corresponding to the place of the prospective employment or place of residency of the professional) and of legal capacity.
Company means any business enterprise duly registered and operating under the laws of its domicile state, seeking to employ or engage under a contract a skilled and experienced professional.
No individual is allowed to be enrolled as the professional if he is:
- not eligible under clause 1.6.2; or
- to EdgeCase’ best knowledge he is engaged as a manager or an employee or an agent of the company that is a restricted person (clause 1.8.2).
- No company (including individual recruiters, recruitment agencies or online marketplace platforms similar to the Platform) is allowed to be enrolled as the company, and EdgeCase do not provide any services to them.
Enrollment. Accounts activation
Users are enrolled to the Platform only after their accounts are activated. To have the account activated by EdgeCase user shall:
- duly complete his profile as per the application form provided by the Platform; and
- be interviewed by EdgeCase for the verification of his identity and demands.
- User must carefully complete his profile and submit only true information, including contact details.
- EdgeCase may request supplementary information if finds any data are non-accurate or incomplete.
EdgeCase may request any user to prove his identity:
- for individuals – by submission of photos of ID documents, a selfie photo with ID documents or via participation in a recordable video online interview with EdgeCase employees;
- for companies – by submission of documents confirming powers of companies’ representatives to act on behalf of the company.
- EdgeCase activates user’s account at its sole discretion and may reject user’s enrollment if finds him to be a restricted person (clause 1.8) or if such activation may conflict with applicable law or may humiliate EdgeCase’ goodwill. EdgeCase may (but not obliged to) inform users why they are rejected.
- Once any user accepts these Terms upon signing up to the Platform and clicking the relevant check-box he makes a binding offer to EdgeCase to enter with him into a binding agreement (Agreement) in accordance with these Terms.
- If EdgeCase activates the user’s account upon the enrollment the agreement shall be deemed concluded between them.
- If EdgeCase rejects the user for enrollment no agreement shall arise.
- Neither of the users’ own terms and conditions may form a binding agreement for EdgeCase unless expressly accepted by EdgeCase in writing.
Connection of Company and Professional
The Platform connects the jobs placed by companies and professionals (Matching) as follows:
- EdgeCase search and select a professional whose profile matches the job the most, and send a notice (Hint) to the professional.
- The professional can see all the company’s details and may accept or not accept the hint. If he accepts the hint the Platform opens the professional’s profile to the company (with no personal details).
- If the company accepts the professional the Platform opens to the company all personal details of the professional (including contact details).
- Once all details of the company and professional are disclosed they may communicate directly.
PLEASE NOTE THAT WE DO NOT PROVIDE TO USERS THE LISTS OF COMPANIES OR PROFESSIONALS.
- Once the professional’s profile has been opened to the company (clause 126.96.36.199) the professional shall be deemed introduced to the company (Introduction).
- If the professional has been known to the company earlier from other sources (but no longer than 12 preceding months) the company shall in 5 days notify EdgeCase accordingly. It shall also provide EdgeCase with sufficient proofs (e.g. email or other correspondence with the professional or third parties mentioning the professional). Such proofs must carry information about the professional’s personal details and that the company had intent to hire him at the time of correspondence.
- If the company fails to give the notice (clause 1.12.2) the professional shall be deemed introduced by EdgeCase.
- Each introduction expires after two years (Introduction Period).
A professional shall be deemed hired by the company (Hire) if:
- the company and the professional have signed an employment agreement or contract;
- the professional has received an offer and actually started working for the company.
- if the company transfers the professional’s CV or other details to a third party who prospectively may have a concern to hire the professional.
please note PROFESSIONALS use PLATFORM and its SERVICES FREE of charge.
Fee and payments
- Company pays a service fee (Fee) against EdgeCase’ invoices and in accordance with the subscription plan effective upon the time of the Services’ delivery.
for regular subscription services (Subscription Fee) – any time convenient for the company;if the subcription fee is not timely and fully paid the company’s account will be suspended – clause 4.2.2.
- for direct recruitment services and/or hire via the Platform (Pay per Hire – within 14 days after the hire occurred (clause 1.13.1).
- The subscription period covered by monthly subscription fee equals 30 days.
- The monthly subscription fees are provided only in consideration to 6-months mandatory subscription.
- EdgeCase may at its sole discretion provide companies with custom fee and/or payment terms (Custom Terms) as may be negotiated between them.
- If agreed upon, the custom terms will be included into the EdgeCase’ invoices and substitute the corresponding terms and conditions of these Terms or the subscription plan.
- All fees in the subscription plan exclude the value added tax (VAT).
- You understand that, having entered into the agreement with us and accepting hints we send to you, you agree and give us the permission to disclose your personal information to companies as necessary to ensure the performance under the agreement and future hire.
- A professional (Referrer) may recommend and encourage other professional (Referee) to register with the Platform.
- If the referee registered with the Platform is hired as an employee or independent contractor the referrer shall be entitled to a referral remuneration (Referral Remuneration) in the amount of EUR 750.00 or EUR 300.00 for remote job.
- The referral period continues 12 months and none other professional may refer to EdgeCase the same referee before the referral period expires.
- The referral remuneration is payable within 30 days after the referee’s hire.
- You shall within 5 days inform EdgeCase of your hire (as defined in clauses 188.8.131.52, 184.108.40.206 or 220.127.116.11) occurred during your enrollment or within 12 months after your account has been terminated.
- EdgeCase may periodically contact you to check the ongoing status of negotiations between you and the company to which you has been introduced.
- Company who give EdgeCase contact and other details or their managers, employees, agents or other affiliated individuals shall ensure that it has received all necessary consents, permits or have concluded agreements authorizing it to process such personal data and transfer them to EdgeCase or prospective professionals (including the transfer outside EU area).
- Company shall process the professional’ personal data only for the purposes of hire, and must delete them if the data are no longer necessary or after introduction period (clause 1.12.4) expires. The Company is also not allowed to transfer personal data of the professional to third parties except if such transfer is actually necessary to hire the professional, relocate him to the company’s place of business or to comply with the applicable regulations.
- You shall within 5 days inform EdgeCase of the hire of the professional (as defined in clauses 18.104.22.168, 22.214.171.124 or 126.96.36.199) occurred during your enrollment or within 12 months after your account has been terminated.
- We may periodically contact you to check the ongoing status of negotiations between you and the professional introduced to you.
Compensatory hire. Refund
- If the hire has been terminated due to the professional’s default we provide you with one free of charge compensatory hire.
The professionals default occurs when the hire is terminated by him by any reason except when the termination is caused by:
- breach of the employment agreement or contract by you;
- personal or family reasons such as death, disease or concurrence of other adverse circumstances.
If you do not accept the compensatory hire we refund the “Pay per Hire” fee you has paid for the professional, as follows:
- if the hire is terminated within the 1st month – 100% refund;
- if the hire is terminated within the 2nd month – 75% refund;
- if the hire is terminated within the 3rd month – 50% refund;
- if the hire is terminated within the 4th through 6th month – 25% refund.
- Company shall not solicit any manager or employee of EdgeCase or any of its affiliates to leave their employment within or terminate cooperation with EdgeCase.
- Company shall not enter into any employment or business relationship with the professional introduced by the Platform (clause 1.12.1) within the introduction period (clause 1.12.5) without payment of the “Pay per Hire” to EdgeCase (unless otherwise is provided by the subscription plan).
- If company makes a breach of clause 3.4.1 or 3.4.2 EdgeCase shall be entitled to demand the payment of penalty in the amount equal to financial losses determined by EdgeCase at its sole discretion but in any event not less than EUR 25,000.00.
- The payment of the penalty does not preclude reimbursement of damages that may arise.
- Users may not transfer their accounts to or share them with third parties without prior written consent of EdgeCase.
- Users may not use their accounts to get an access to the Platform or its software code except as granted under these Terms, as well as to commit any acts that may disturb or interrupt the Platform’s operation or overload its technical capacity.
- Users may not block, overwrite, modify or delete the content generated by the Platform (except the changes and updates to their profiles, jobs or CVs – Users’ content).
Users may not place or distribute via the Platform any illegal or immoral information that is prohibited (or may not be freely distributed without an special permit) by the applicable law, including but not limited to the information:
- violating intellectual rights of third parties;
- being false, inaccurate or misleading;
- being racist, sexist or discriminating on other grounds;
- being pornographic or obscene;
- being humiliating for EdgeCase goodwill;
- Users may not advertise via the Platform third parties’ services and goods unless they receive a prior written consent from EdgeCase.
Account suspension and removal
If EdgeCase finds a user to be in breach of any part of these Terms it may at its sole discretion:
- suspend the account unless user remedies the breach; or
- remove the account.
- A company’s account is automatically suspended on next day when the paid monthly subscription period expires and the company fails to pay next amount of monthly subscription fee.
- A company whose account is suspended may not use the Platform’s functionality (including receipt of new professionals’ profiles) but may communicate with professionals introduced to the company before the suspension.
- A professional whose account is suspended may not use the Platform’s functionality (including receipt of new hints) but may communicate with the companies to whom he has been introduced before suspension.
- EdgeCase may at its sole discretion block, modify or delete any of users’ information if finds it to be in breach of clause 4.1, and users may not claim the recovery of the information deleted.
- Users whose accounts are suspended or removed are prohibited from creating new accounts without a prior written consent of EdgeCase.
- User may remove his account at any time.
- Clauses 4.1 and 4.2 shall not limit EdgeCase to exercise its virtual domiciliary right.
Account update and protection
- Users must promptly update their profiles, jobs or CV they may place.
- Users shall keep secret all their Platform access data (login, passwords etc.). If user believes that some third party could gain an access to his account he shall immediately inform EdgeCase.
- If EdgeCase believes that a user’s account is in possession of a third party it may at its sole discretion change user’s login and/or password without prior notice, or block the account. If so, EdgeCase will immediately inform the user of measures taken and will transfer new access details to him. The user who receives new login details may not request the previous details to be restored.
- Users are liable for any acts committed with the use of their accounts, unless they can submit sufficient proofs that they have lost the control over the accounts at no fault.
Profiles and application forms alteration
- We may add mandatory or voluntary fields to users’ profiles, Job or CV forms, as well as request supplementary information from users.
- Each user shall submit the information requested in the mandatory fields and may complete the voluntary fields. In case of his failure to submit requested information the user may suffer a risk of wrong matching (clause 1.11.1) or poor operation of the Platform’s functionality.
- We will put our best efforts to operate the Platform smoothly and deliver the Services of high quality. However, we do not assume any guarantee that a company may find a professional (and alternatively, the professional – the company) absolutely matching its demands, or that the hire or cooperation between them will last as long as they may expect.
- We will ensure uninterrupted access to the Platform’s functionality and the Services. Nonetheless, we reserve a right to stop the operation of the Platform or restrict access to it when and as long as needed for maintenance works.
- We do not assume any guarantees in a legal meaning as long as not expressly provided for in these Terms.
- Generally, we communicate with our users via emails, messengers or by phone, or notices may be displayed to users upon login to the accounts.
- Users shall adjust their anti-spam or anti-virus email filters to ensure they receive our emails. Users will suffer a risk of negative consequences of their failure to ensure proper communication with us.
Limitation of liability
- In no event we shall be liable to our users or any third party for any lost of profit or any indirect, consequential, exemplary, incidental, special, or punitive damages, loss of profit, interruption in business and/or interruption of operations, arising from use of (or inability to use) the Platform.
We agree to stay liable only for:
- losses caused intentionally or with gross negligence;
- death, personal injury or damage to health caused by the intent or negligence;
- product deficiencies, if such kind of liability applies to us under the German Product Liability Act or any similar laws that may be promulgated in substitution thereof;
- losses caused by the breach of our material undertakings as due to our intent, gross or simple negligence. For the purposes of this clause the material undertaking mean our most essential undertakings that encouraged users to enroll with the Platform and to be bound by these Terms.
- All damages coverable under clause 4.7.2 are limited to 15 times the subscription fees paid by the user to us in the past 6 months preceding the event that gave rise to the damages.
- We reserve all rights, titles and interest (jointly – IP rights) to the Platform, its algorithms, interfaces, design, software, content (or any other Platform’s part, the website https://gurusheroes.com (jointly – IP Components) not expressly acknowledged as owned by our users.
- EdgeCase shall be an exclusive owner of all copyrights, trademark or other related rights to the IP components.
- You use IP components on the terms of non-exclusive, non-transferable license that shall be deemed immediately revoked after the agreement termination (clause 4.15).
- You warrant that any information you place on the Platform belong to you or has been legally obtained and does not infringe intellectual rights of third parties.
- You are not allowed to change, duplicate, decompile or translate our source code or other IP components or content, except the users’ content (clause 4.1.3).
- When you accept these Terms (clause 1.10.1) you agree to provide EdgeCase with an unlimited non-exclusive royalty-free license to exploit the information you place on the Platform, for the purposes of the Services’ delivery. Such exploitation includes but not limited to: collection, storage, distribution, transfer, modification, blocking or removal.
You hereby agrees to indemnify, defend and hold harmless EdgeCase, its subsidiaries, directors, officers, employees, owners and agents, as well as other users (accordingly, a company or a professional) against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including attorneys' fees and costs) arising from or relating to:
- your (a) content;
- use of and access to the Services in violation of these Terms;
- violation of any law, rule, or regulation, or the rights of any third party.
- All information you may receive from your cooperation with EdgeCase, including, without limitation, business information, information from other users’ profiles, CVs, jobs etc., shall remain strictly confidential and may not be used for any purpose except the Services (Confidential Information).
- You may not use the confidential information to establish, join to or run a business competing with the Platform and EdgeCase.
- Clauses 4.10.1 and 4.10.2 do not apply to information you have obtained independently or have rightfully received from a third party, or if the information has been publically disclosed by its owner and such disclosure neither constitutes a breach of these Terms nor violates the applicable law.
- We collect and otherwise process users’ personal data only to the extent necessary to enter into the agreement with them and to provide them with the Services.
- We act in compliance with the applicable law of the Federal Republic of Germany and European Union.
Term of Agreement. Termination
- The agreement comes into force after the user’s account is activated by EdgeCase (clause 1.9.5) and continues for 6 months.
- The agreement is subject to automatic prolongation on the same terms and conditions (including subscription plans for companies), for next 12 months if the user does not give to EdgeCase a 5-days prior written notice of termination.
- Clause 3.3 will survive the termination for 6 month; clauses 2.3 and 3.2 – for 2 years; clauses 4.5, 4.7 through 4.10 – for indefinite time.
- EdgeCase or user may immediately terminate the agreement for cause provided each of them has sent the subsequent notice explaining the reasons for termination.
- The removal of user’s account by himself or by EdgeCase (clause 188.8.131.52) means the termination of the agreement.
- EdgeCase may amend, change or modify these Terms at any time provided it is caused by changes in the Platform technical functionality or business model or legal (e.g. changes in the applicable law) grounds.
- EdgeCase shall not amend these Terms to adversely affect the users or as a bad faith action, but in no case the amendments to the subscription plans may be considered as such.
- If company supports its subscription and regularly pays monthly subscription fee the subscription plan may not be changed during 6-months mandatory subscription period for such company without its prior written consent.
- EdgeCase notify users of the changes occurred by email or by displaying the special notices once a user logs into his account.
- User shall be deemed accepted the amended Terms if he continues use the Platform after the notice. If he does not accept new Terms he may terminate the agreement for cause (clause 4.15.4). Such termination is possible only within 5 days after he has received the notice of new Terms.
Governing Law. Jurisdiction.
- These Terms and the agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.
- All disputes if not resolved by negotiations between EdgeCase and the user shall be referred for final resolution to a competent court at the EdgeCase’ place of registration that is Berlin.
- Professionals who are EU residents may also file lawsuits in the competent courts at place of their residency.
- The agreement constitutes the entire agreement between the EdgeCase and a user relative to the subject matter hereof, and supersedes all proposals, written or oral, and all other communications between them relating to the subject matter of hereof.
- EdgeCase’ failure to act with respect to a breach by a user does not waive EdgeCase’ right to act with respect to that breach or subsequent or similar breaches. No waiver under these Terms shall be deemed effective unless duly signed by EdgeCase’ authorized representative and delivered to the user.
- Except as provided in clause 4.20.2, neither the agreement nor any rights or obligations hereunder may be assigned by users either voluntarily or involuntarily, by operation of law or otherwise, by either party without the prior written consent of EdgeCase.
- EdgeCase or a Company’s rights and obligations hereunder may be assigned to, respectively, EdgeCase or the Company’s subsequent owners, in case of a merger, acquisition or sale or transfer of assets.