Terms of Service — Talents & Candidates

Xpreso Recruiting GmbH

Merantix AI Campus, Max-Urich-Straße 3, 13355 Berlin, Germany

HRB: 285652 B, Amtsgericht Charlottenburg

E-mail: hq@xpreso.ai

('Xpreso', 'we', 'us', 'our')

2.1 These Terms govern your use of the Xpreso platform and all associated services provided to candidates and job seekers (collectively, the 'Services').

2.2 'Platform' means our website, web application, mobile application, and all related services, including AI-driven conversation features and candidate profile tools.

2.3 'AI' means the automated systems Xpreso uses to generate text, speech, summaries, profile signals, and job match recommendations.

2.4 'Consumer' means a natural person acting predominantly for purposes outside their trade, business, or profession.

2.5 These Terms are governed by German law. Where you are a Consumer, the mandatory consumer protection provisions of German law apply in full and cannot be excluded by these Terms.

2.6 These Terms are provided in English. German-language Terms are also available on request and at www.xpreso.ai/terms. In the event of ambiguity between language versions, the German version governs for Consumers habitually residing in Germany.

The Services are provided free of monetary charge. In exchange, you provide personal data, including your professional profile and career preferences, to receive the AI-driven matching service. Under German law (§§ 327 ff. BGB implementing EU Directive 2019/770), this constitutes a 'Vertrag über digitale Produkte' — a digital services contract where data is the consideration.

As a result:

• You are entitled to a digital service that meets the agreed and objectively expected quality standards
• We are obliged to provide updates necessary to keep the service compliant and functional
• If the service is defective in a way that materially affects your use, you may have the right to request remediation or, in serious cases, termination of the contract
• We may process your data only for the purposes set out in these Terms and our Privacy Policy. You have the right to withdraw your data (delete your account) at any time, which terminates this contract

4.1 You must be at least 18 years old to use the Platform.

4.2 You must create an account with accurate and complete information and keep it up to date.

4.3 You must keep your login credentials secure. Notify us immediately at hq@xpreso.ai if you suspect unauthorised access.

4.4 Each person may only register one account. Accounts created by automated means will be removed.

4.5 The Platform is intended for individuals seeking employment, primarily in Germany and the European Union.

5.1 Xpreso helps you:

• Have AI-driven conversations to understand your career preferences, experience, and goals
• Build and enrich a candidate profile, including AI-generated summaries and match signals
• Identify potentially relevant job opportunities
• Be introduced to employers — only with your explicit prior consent per employer ('Employer Opt-In')

5.2 Xpreso does not guarantee interviews, job offers, employment outcomes, salary levels, or any specific career result. Use of the Platform is free of charge for Talents.

5.3 Xpreso acts as an intermediary. Any employment relationship is solely between you and the employer. Xpreso is not a party to that relationship.

6.1 Voice interactions are always user-initiated. You actively start sessions via a 'Start Call' button. We do not implement always-on or background listening.

6.2 Voice recording consent: By starting a voice session, you explicitly consent to:

• Real-time transcription of your spoken input
• Storage of the transcript for up to 48 months, or until you request earlier deletion (see Privacy Policy Section 7)
• AI processing of the transcript to build your profile and generate match signals

This consent satisfies the requirements of §201 StGB (German law on the protection of spoken word). Consent is freely given — you may decline to use voice features without losing access to other platform functionality. Withdrawing consent going forward does not affect transcripts already created.

6.3 AI limitations: AI-generated output may be incomplete, inaccurate, or unsuitable. Verify important information independently. AI output is not legal, career, or professional advice.

6.4 No binding representations: AI interactions do not create legally binding commitments by Xpreso or any employer.

7.1 Your profile is not shared with any employer without your explicit Employer Opt-In for that specific employer.

7.2 Before you opt in, we will inform you of: (a) the employer's identity; (b) the role context; and (c) the categories of data to be shared.

7.3 You may withdraw an Employer Opt-In at any time. We will stop processing your data for that employer going forward. We cannot technically retrieve data already shared but will formally request deletion from the employer where appropriate.

7.4 Xpreso does not charge Talents any fee for introductions or use of the Platform.

8.1 You may provide content including CVs, profile information, voice input, and links to external profiles ('User Content').

8.2 You confirm your User Content is accurate, not misleading, and does not infringe any third-party rights (including IP rights or confidentiality obligations).

8.3 You grant Xpreso a non-exclusive, royalty-free licence to store, process, and use your User Content solely to provide the Services as described in these Terms and our Privacy Policy.

8.4 You must not upload or distribute false, harmful, defamatory, obscene, or otherwise unlawful content.

10.1 You may delete your account and associated data at any time via your account dashboard or by contacting hq@xpreso.ai. Deletion terminates the digital services contract under §§ 327 ff. BGB.

10.2 We may suspend or terminate your account with reasonable notice if we have grounds (see Section 9). In cases of serious or urgent breach — such as illegal use or a security threat to other users — we may act without prior notice. We will state our reasons in writing.

10.3 Termination does not affect rights or obligations already accrued.

11.1 All intellectual property rights in the Platform (including software, design, text, graphics, and AI systems) belong to Xpreso Recruiting GmbH or our licensors.

11.2 You receive a limited, personal, non-transferable, revocable licence to use the Platform for the purposes described in these Terms.

11.3 You may not copy, reverse-engineer, decompile, or create derivative works from any part of the Platform without our prior written consent.

12.1 We provide the Platform 'as is'. While we aim for high availability and quality, we do not guarantee uninterrupted or error-free operation.

12.2 We are fully liable for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), and for damages resulting from injury to life, body, or health (§§ 823, 253 BGB).

12.3 For minor negligence (leichte Fahrlässigkeit), our liability is limited to foreseeable, typical damages and only arises from breach of a material contractual obligation (Kardinalpflicht).

12.4 These limitations do not apply to claims under the German Product Liability Act (Produkthaftungsgesetz) or other mandatory statutory liability that cannot be excluded.

12.5 We are not liable for the conduct of employers or the outcome of any recruitment process facilitated via the Platform.

14.1 We may modify the Platform at any time, including adding, changing, or removing features.

14.2 We will notify you of material changes to these Terms by email or in-platform notification at least 30 days before they take effect. If you continue to use the Platform after the effective date, you are deemed to have accepted the updated Terms. If you do not agree, you may delete your account before the effective date at no cost.

15.1 These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

15.2 If you are a Consumer, you benefit from any more favourable mandatory consumer protection provisions of the law of your country of habitual residence.

15.3 The courts of Berlin have non-exclusive jurisdiction. Consumers may also bring proceedings in the courts of their place of habitual residence.

17.1 Severability (§ 306 BGB): If any provision is held invalid or unenforceable, the remaining provisions continue in full effect. The invalid provision shall be replaced by a valid one that most closely reflects the intended purpose.

17.2 No waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.

17.3 Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Xpreso Recruiting GmbH regarding your use of the Platform as a Talent.

17.4 Individual agreements prevail (§ 305b BGB): Any individually negotiated agreements between Xpreso Recruiting GmbH and you take precedence over these Terms.