General Terms of Use of the Cammio Video Pitch (“Freemium”) within d.vinci Applicant Tracking System 

(this English version is a translation from the Original German version)

These General Terms of Use govern the use of the above-mentioned system by Customers and Applicants within d.vinci Applicant Tracking System, as well as all related legal and factual details. 

Article 1: Definitions

The following terms in the context of these Terms of Use are defined as follows: 

• Authorized Third Party: Any contractual partner or other agent of the Customer who is authorized to use the d.vinci Applicant Tracking System on behalf of the Customer to carry out applicant management for the Customer, such as HR consultants, recruiters, etc. 
  
  

• Cammio: Cammio GmbH, Gehrtsstr. 14, 40235 Düsseldorf.
  
  

• d.vinci Applicant Tracking System: The SaaS platform for the purpose of applicant management by d.vinci HR-Systems GmbH, Nagelsweg 37-39, 20097 Hamburg.
  
  

• Customer: Every natural or legal person who is a contractually authorized user of the d.vinci Applicant Tracking System and who is granted access to the System by Cammio or by a third party authorized by Cammio, and uses the System in connection with the business use of d.vinci Applicant Tracking System for recruitment activities.
  
  

• Partei: Individually – Cammio, the Applicant or the Customer.
  
  

• Agreement: These General Terms of Use.
  
  

• Database: The Database in which the videos, recorded by the Applicant, as well as other Applicant data, are stored.
  
  

• System: The web-based software System for recording video pitches from Cammio, accessible via the URL https://tool.cammio.me, known under the name “Cammio.” The Customer can activate the System within the d.vinci Applicant Tracking System they use. Once the System is activated accordingly, applicants can record and submit a video pitch for the respective Customer or an affiliated company of the Customer as part of the online application process. 
  
  

• Applicant: The natural person who uses the System as part of their application to one or more customers to record a video and transmit it to the Customer. 
  
  

• Video: A video of an Applicant that has been recorded using the System. Videos are generated in the System and stored in a Database. They are made available to the Customer directly via the d.vinci Applicant Tracking System. Videos can be viewed in the d.vinci Applicant Tracking System but cannot be downloaded.
  
  

• Open Source Software: Software that is licensed to anyone for comprehensive, including for the purpose of modification and redistribution (even in modified form), and royalty-free use, while complying with the respective licensing requirements (such as maintaining license information, disclosing modifications, or providing the source code), by the respective rights holders, and whose source code is available.
  
  

• Affiliated Companies: The companies affiliated with the Customer within the meaning of §§ 15 et seq. of the German Stock Corporation Act (Aktiengesetz). 

For the sake of readability, these Terms of Use refrain from gender-specific differentiation. Terms used herein apply equally to all genders in the interest of equality.

Article 2: Subject Matter of the Contract and Use of the System

2.1 Use of the System by the Customer

2.1.1 Cammio provides the Customer and the Applicant with the technical capability and authorization, free of charge (“Freemium”), to access the System via telecommunication facilities within the scope of using d.vinci Applicant Tracking System for the duration of this Agreement. To use the System, an active internet connection with a minimum transmission rate of 16Mb/s is required. Additionally, the Applicant needs an internet-capable device (computer, smartphone, tablet, etc.) with a camera and microphone for recording. The System is compatible with most current browser versions. Further details can be found here: https://cammio.com/de/support/. 

2.1.2 The information provided following this link is not to be understood as a guarantee unless expressly designated as such.

2.1.3 Customers can independently activate the system through the “Video Pitch” option in the settings of the d.vinci Applicant Tracking System, thereby offering the option of an application video (in the form of a Cammio asynchronous interview) in the application process. 

2.1.4 Customization or expansion of the system tailored to the specific needs of the Customer is not owed, nor is consultation with the customer regarding the setup of the System. If consultation regarding the setup of the system is provided to the Customer without explicit compensation arrangements, the customary fee for IT consulting services applies. 

2.1.5 Subject to the substantial compliance with the Customer’s obligations under the Agreement, the Customer may only access the System in accordance with the specified contractual use outlined in this Agreement and solely for their own internal business purposes. The Customer does not acquire any additional rights, particularly to the software, associated IT services, or the infrastructure services provided in the respective data center. 

2.1.6  Subject to the sections “Access to the System by Affiliated Companies” and “Access to the System by Authorized Third Parties,” the Customer may not allow third parties to use the System or make it accessible to third parties. In particular, the Customer is not permitted to reproduce the software or parts thereof, or to sell, temporarily transfer, rent, or lend the system. Cammio is entitled to take appropriate technical measures to protect against unauthorized use. 

2.1.7 The relevant point of transfer of responsibility for the System is the router output of the data center used by Cammio. Cammio is not responsible for failures or the unavailability of hardware and software components, telecommunications networks, or other networks beyond this point of transfer of responsibility. The Customer’s connection to telecommunications networks, maintaining network connectivity, as well as the procurement and provision of the necessary hardware and software on the Customer’s side, are not part of the agreement and are solely the responsibility of the Customer.

2.1.8 Cammio is authorized to have parts of the cloud services provided wholly or partially by suitable subcontractors.

2.1.9 The software provided or executed by the Customer in connection with the system may contain open-source software, for which the license terms of the respective rights holders apply. The license terms of the rights holders take precedence over the usage rights granted in the contract; this also applies to warranty and liability disclaimers of the open-source software license terms. Contrary provisions of the contract do not apply in this regard.

2.2 Access to the System by Affiliated Companies and Authorized Third Parties of the Customer

2.2.1 The Customer may grant access to the System to its affiliated companies and authorized third parties, provided that: (i) the access right is limited to the contractual use specified in the agreement, (ii) such access is solely for the internal business purposes of the respective affiliated company, (iii) such access must not be intended to circumvent, in whole or in part, the usage restrictions in the Agreement, and (iv) the affiliated company complies with all usage restrictions and obligations applicable to the Customer.

2.2.2 The Customer is responsible for ensuring that affiliated companies and authorized third parties of the Customer comply with the provisions of this contract when using the cloud services. The Customer is equally liable for any fault or negligence of its affiliated companies and authorized third parties as for its own fault or negligence.

2.3 Access to the System by the Applicant

2.3.1 Applicants, as part of their application to a Customer for whom the System has been activated, can record a video at no cost by selecting this function in the d.vinci online application form (part of the d.vinci Applicant Tracking System) of the Customer.

2.3.2 Applicants will use the System solely for recording videos as part of their application process at a Customer’s organization via d.vinci Applicant Tracking System. Any further use of the System is prohibited. In particular, the following actions are prohibited: 

• Infringe upon the legal rights of others or encourage such infringement;

• Be used for unlawful, invasive, abusive, defamatory, or fraudulent purposes, or for any other harmful or morally objectionable purposes;

• Intentionally distribute viruses, worms, trojan horses, corrupted files, hoaxes, or other terms of a destructive or misleading nature;

• Impersonate, or falsely represent affiliation with, any natural or legal person;

• Publish or disseminate material that is unlawfully pornographic or indecent, or that advocates bigotry, religious, racial, or ethnic hatred;

• Publish or disseminate content or links to content that are excessively violent, or that promote, contain, or incite violence or hate speech, or pose risks to the safety or health of a person or the public, or create risks to national security or impede law enforcement investigations;

• Distribute software that secretly collects or transmits user information;

• Defame or violate the privacy of any individual;

• Infringe upon trademarks, brands, inventions, copyrights, or other intellectual property or proprietary information of third parties;

• Support such conduct by displaying another person’s trademark without permission;

• Disclose trade secrets of another person or violate confidentiality obligations;

• Use the service to download, publish, distribute, use, or otherwise copy texts, music, software, art, images, or other copyrighted works unless permission has been obtained from the owner of the work to use or copy the work in this manner, or unless otherwise derived from applicable intellectual property law to copy or use the work or rights in this way.

2.3.3 The clauses 2.1.1, 2.1.2, 2.1.6, 2.1.7, 2.1.8 and 2.1.9 apply accordingly.

2.4. The obligation to secure access credentials

If user access rights and access credentials, as well as identification and authentication security measures, are assigned to the Customer or its users, the Customer shall protect these from unauthorized access by third parties and shall not disclose them to unauthorized third parties. As soon as the Customer has reason to believe that the user access rights and access credentials have been unlawfully obtained by a third party or could be abused, the Customer is obligated to inform Cammio immediately.

Article 3: Adjustments to the Agreement

3.1 In the event of changes in legislation, changes in case law, changes in the terms to be passed on by Cammio to the Customer or the Applicant, changes in economic conditions, Cammio reserves the right to amend the Agreement in accordance with the following provisions, provided that this does not materially alter essential elements of the agreement’s equivalence relationship between the parties and the amendment is reasonable for the Customer. It should be noted that the System is offered completely free of charge. 

3.2 Cammio will inform the Customer of the changes in written form. If the Customer does not object to the change in written form within six (6) weeks of receiving the information from Cammio, the change is considered approved, and the amended version of the terms and conditions becomes binding for the existing Agreement between Cammio and the Customer from that point onwards. Cammio will expressly inform the Customer of this consequence upon notifying them of the change. In the event that the Customer does not accept the change, both Cammio and the Customer are entitled to terminate the Agreement with effect from the date the change comes into force.

Article 4: Granting of Usage and License Rights

4.1 Upon activation of the System, referred to as the “Video-Pitch” function in the d.vinci Applicant Tracking System, by the Customer, the Customer receives the corresponding usage rights for the usage possibilities described in section 2.1 of this Agreement. No further usage rights are granted to the Customer.

4.2 With the initiation of video recording in the d.vinci Applicant Tracking System of the respective Customer, the Applicant receives the corresponding usage rights for the usage possibilities described in section 2.3 of this agreement. No further usage rights are granted to the Applicant.

4.3 Both the Customer and the Applicant are prohibited from using the System in violation of the Agreement, particularly for the following purposes: (i) conducting tests, reverse engineering, and decompiling the underlying source code, (ii) accessing or using the System in a manner aimed at avoiding any applicable usage fees or circumventing the usage restrictions of the Agreement, (iii) any unauthorized public disclosure of the System, documentation, or provider identification marks, (iv) monitoring traffic when using the System without the prior documented consent of the provider.

4.4 Cammio is entitled to temporarily or permanently block access to the System by the Applicant, the Customer, and/or affiliated companies of the Customer and/or authorized third parties – with immediate effect – if there are specific indications of (i) a violation of sections 2.3.2 and 4.3, (ii) a violation of applicable law, or (iii) a violation of other usage rights regulated in this Agreement, or if Cammio has any other legitimate interest in blocking access. 

4.5 In deciding on a blockage, Cammio will adequately consider the legitimate interests of the Customer and the Applicant and will notify of a potential blockage in written form with reasonable advance notice. In individual cases, a blockage may also be implemented by Cammio without prior notification to safeguard the legitimate interests pursued by Cammio with the blockage, to the extent that prior notification is not legally required or necessary for other legal reasons.

4.6 The blocking of access to the System does not constitute termination simultaneously. Cammio can maintain access blocking without termination for a reasonable period, up to a maximum of three (3) months.

4.7 Cammio is further entitled to delete the data and especially videos recorded and/or stored in the Database by the Customer or by the Applicant if there is reasonable suspicion that the content of the data and/or videos violates legal provisions or a provision of this Agreement, without prejudice to other rights held by Cammio.

Article 5: Rights and Obligations of Cammio

5.1 Cammio has the right to make changes and/or improvements to the System, as well as to adjust the minimum requirements necessary for using the System, without prior notification to or consent from the Customer. However, Cammio will make reasonable efforts to inform the Customer in advance of such changes and adjustments.

5.2 Furthermore, Cammio may disable individual functions of the System entirely or partially if (i) an unusually low proportion of customers and applicants use the respective function, (ii) the continued operation of the respective function is disproportionate for Cammio regarding the affected proportion of customers or applicants, and (iii) the respective functions do not constitute a significant component of the system.

5.3 Cammio has the right to temporarily suspend the operation of the System and/or restrict its use if necessary for maintenance purposes. Cammio will inform the Customer in advance, if reasonably possible; otherwise, as soon as possible. Typically, Cammio will display a banner on the frontend of the system informing users about the scheduled maintenance work.

5.4 When the Customer utilizes services intended for communication with third parties, such as video recruiting, Cammio is in no way involved in the relationship between the Customer and their partner. Cammio is not obligated to review the stored data.

5.5 Unless otherwise regulated in this Agreement, the Customer and the Applicant have all rights to all data and videos, and they each bear sole responsibility for the legality, accuracy, and maintenance of this data. Notwithstanding the above, the Customer and the Applicant will grant Cammio the necessary usage rights to enable the processing of the data and videos for the provision of the System as well as support services by Cammio and its agents in accordance with the provisions of the agreements.

5.6 Cammio may aggregate, store, and analyze system-generated data. During and after the contract term, Cammio may (i) use system-generated data to further develop and improve the system as well as its other services, and for other internal business purposes, and (ii) disclose system-generated data solely in anonymized form.

5.7 The Customer grants Cammio an irrevocable, spatially and temporally unrestricted right to use its recommendations, corrections, or other feedback for integration into the System, documentation, and for other unlimited economic exploitation for its own or third-party business purposes.

Article 6: Consent to Marketing Communication

The Customer consents to Cammio contacting them at regular intervals to present the complete video recruitment solution offered by Cammio. This consent applies to contact via email, SMS, telephone, post, as well as through OTT services and social media. The Customer can withdraw the consent provided here for contacting them at any time with effect for the future.

Article 7: Rights and Obligations of the Customer and the Applicant

7.1 The Customer and the Applicant acknowledge that Cammio only provides the technical implementation of the System. The Customer is solely responsible and liable for the content of the Database as well as for ensuring compliance with all legal obligations regarding the content of the database. The Applicant is solely responsible and liable for the content of the videos as well as for ensuring compliance with all legal obligations regarding their content.

7.2 The Customer is obliged to provide a link to this Agreement as well as Cammio’s privacy policy upon integration or activation of the System in the d.vinci Applicant Tracking System, so that the Applicant can become aware of both documents before recording a video.

7.3 The Customer and the Applicant assure and warrant that a) the contents they transmit to Cammio or enter into the system do not contain viruses or other programs that could damage the System in any way, and b) no devices and/or software are used during the transmission or input of the respective contents that could disrupt the proper operation of the system, and that no data is transmitted that would disproportionately burden the infrastructure of the system due to its size and/or characteristics.

7.4 The Customer and the Applicant must adhere to and consider all instructions, rules, and procedures provided by Cammio, including those listed in any user manual provided. Information on how to use the Cammio platform for applicants is available, among other places, here: https://cammio.com/de/support/.

7.5 The Customer shall indemnify Cammio upon first request from any claims by third parties or regulatory fines due to breaches of obligations in this Agreement, particularly in this section, and upon Cammio’s request, undertake the legal defense against third-party claims and/or regulatory orders, or bear the reasonable costs of legal defense for the provider, provided that the Customer is at fault in this regard.

7.6 The Applicant shall indemnify Cammio upon first request from any claims by third parties or regulatory fines due to breaches of obligations in this Agreement, particularly in this section, as well as in sections 2.3.2 and 2.3.3, and upon Cammio’s request, undertake the legal defense against third-party claims and/or regulatory orders, or bear the reasonable costs of legal defense for the provider, provided that the applicant is at fault in this regard.

7.7 Cammio will adequately support the Customer and the Applicant in all measures to mitigate damages. The Customer’s and the Applicant’s obligations to indemnify shall only apply if Cammio promptly notifies the Customer and/or the Applicant of the assertion or threat of such claims in written form, all out-of-court and judicial defense measures and settlement negotiations remain reserved for the Customer and/or Applicant, or are conducted only with the documented consent of the customer and/or Applicant, Cammio promptly provides any information requested by the Customer and/or Applicant for assessing the situation or defending against the claims, and grants appropriate assistance.

Article 8: Copyright and other related rights

8.1 This Agreement does not transfer ownership rights, licenses, or any other exclusive rights to the software to the Customer, affiliated companies, Authorized Third Parties, and/or to the Applicant (“Authorized Users”). All intellectual property rights relating to the website, the System, the Database, and the service as well as all software, hardware, other materials, and information developed by Cammio and provided to the authorized users, including but not limited to designs, documentation, reports, models, techniques, data files, photos, image and/or audio materials, formats, and trademarks and domain names, as well as related preparatory materials, are exclusively owned by Cammio. The use of the System and/or the service(s) does not constitute a license to use these intellectual property rights, except to the extent specified in this Agreement.

8.2 Drafts, sketches, drawings, videos, software, and other materials or electronic or other files created by Cammio under the contract remain the property of Cammio, regardless of whether they have been delivered to the authorized users, unless expressly agreed otherwise.

8.3 All documents provided by Cammio, including designs, sketches, drawings, videos, software, electronic or other files, etc., are intended for use by the authorized users only. The Customer and/or the Applicant agree not to reproduce, duplicate, copy, sell, resell, exploit, distribute, or otherwise disseminate or disclose these documents to third parties unless they have obtained prior express written consent from Cammio or the nature of the documents provided clearly indicates otherwise.

Article 9: Liability and Warranty

9.1 Cammio is liable for direct damages caused by material defects to the Customer and/or Applicant, if Cammio maliciously concealed a material defect of the System from the Customer and/or Applicant, and for consequential damages resulting from intentional or grossly negligent actions by Cammio. Liability for material defects beyond this scope is excluded.

9.2 Cammio is liable for legal defects only for damages incurred by the Customer and/or the Applicant due to the malicious concealment of a legal defect of the System from the Customer and/or the Applicant. Liability for legal defects beyond this scope is excluded.

9.3 Cammio is liable only for intent and gross negligence. Further claims for damages and reimbursement of expenses by the Customer and/or the Applicant, regardless of their legal basis, especially for breach of obligations under the contractual relationship and tort, are excluded. However, liability under the Product Liability Act and for damages resulting from injury to life, body, or health remains unaffected.

Article 10: Confidentiality and Data Protection

10.1 The parties undertake to maintain confidentiality regarding all protected or confidential information and data that comes to their knowledge in the context of the preparation, execution, or fulfillment of, or as a result of this Agreement, particularly regarding operational and business secrets of the respective other contracting party. In particular, protected or confidential information shall be protected against unauthorized access by third parties and shall not be made accessible, directly or indirectly, to third parties without the prior consent of the disclosing contracting party. For the purposes of this provision, third parties shall not include companies associated with the contracting parties pursuant to §§ 15 et seq. of the German Stock Corporation Act (AktG), as well as Authorized Third Parties. Furthermore, the parties undertake to use the protected or confidential information provided to them exclusively for the agreed purpose.

10.2 Protected or confidential information within the meaning of this provision includes all information that

a) fall under the protected information according to § 2 No. 1 GeschGehG;

b) have been expressly and in writing designated as confidential by one of the contracting parties;

c) are protected by industrial and other property rights, e.g., draft materials for software (cf. § 69a (1) UrhG);

d) include personal or factual circumstances of the authorized users and are subject to banking secrecy or data protection or a similar obligation of confidentiality, or are of a nature similar to data protected by banking secrecy or data protection; or

e) where the interest in confidentiality of the disclosing party arises from the nature of the information, in particular concepts, business plans, samples, procedures, formulas, source code, production techniques and ideas, product and program specifications, drawings, sales and marketing data or marketing plans, pricing and cost information, information about suppliers and business relationships, as well as other operational and business secrets.

10.3 The inclusion among the protected or confidential information ends when, with regard to the protected or confidential information, wholly or partially, the following is demonstrably true:

a) They were already known to the receiving contracting party before the transmission.

b) They were already publicly known before the communication.

c) They became publicly known after the communication without the involvement of the receiving contracting party and independently of any failure of the receiving contracting party.

d) They have been made known to the receiving contracting party by a third party who is not subject to a direct or indirect confidentiality obligation towards the respective other contracting party.

The proof of the existence of one of these exceptions is to be provided by the contracting party invoking the exception.

10.4 The protected or confidential information received by one contracting party may only be disclosed to those employees, consultants, subcontractors, or other third parties who need to be aware of them (“Restricted Group of Individuals”) in order to fulfill the obligations listed in or arising from this agreement. All members of the restricted group of individuals who come into contact with the protected or confidential information in the course of their cooperation must be bound to confidentiality conditions before the disclosure of this information to this group of individuals, which are at least equivalent to those of this agreement, even beyond the termination of the respective contractual or employment relationship with the respective member of the group of individuals.

10.5 The confidentiality obligation in this clause also applies for five (5) years beyond the termination of the contract, regardless of whether the individual agreement should be terminated by termination, rescission, or otherwise.

10.6 If a party requests it, the documents provided by them must be returned to them upon termination of the contractual relationship, to the extent that the other party cannot assert a legitimate interest in these documents. Copies of documents made as part of regular data backup measures are exempt from this obligation to surrender, provided that the party otherwise obliged to surrender ensures that the provisions of this Clause 10 continue to apply and that the documents cannot be used for any purposes other than pure data backup.

10.7 The Customer is responsible for compliance with all relevant legal data protection regulations, particularly for the legality of the transfer and processing of personal data of its employees and other data subjects in connection with the use of the System.

10.8 The parties agree that both Cammio and the Customer are independent controllers within the meaning of Article 24(1) of the GDPR. If, contrary to expectations, Cammio processes personal data on behalf of the Customer as the data controller in terms of data protection law, a data processing agreement for the provision of the System must be concluded.

Article 11: Duration and Termination

11.1 This Agreement comes into effect (1) with the activation of the System in the d.vinci Applicant Tracking System by the Customer and (2) with the start of the initial use of the System for video recording in the application process by the Applicant. For (1), the Agreement is valid for the duration of the Customer’s use of the d.vinci Applicant Tracking System, unless terminated by Cammio with a notice period of 14 days or if the Customer deactivates the use of the system. For (2), the Agreement is valid as long as the Applicant’s application process with the respective Customer is ongoing and automatically terminates upon its completion or if the Customer deactivates the system in the d.vinci Applicant Tracking System or discontinues the use of the d.vinci applicant management. Cammio also has the right to terminate with a notice period of 14 days.

11.2 All rights to use the System by all authorized users automatically terminate upon the effectiveness of termination or upon the other termination of this Agreement.

11.3 Cammio will delete all user data and videos in accordance with legal retention periods, the corresponding deletion concept, and as per the information provided in the privacy policy.

11.4 The right to terminate without notice remains unaffected.

Article 12: Disputes

12.1 For all disputes arising out of or in connection with this Agreement between Cammio and the Customer, the place of jurisdiction shall be Düsseldorf.

12.2 In the event of disputes between Cammio and the Customer arising from the Agreement or subsequent agreements to which these General Terms of Use apply, the parties must first attempt to reach an out-of-court settlement, without prejudice to the right to take precautionary measures or obtain interim relief. The parties will only resort to the court after making all reasonable efforts to resolve the dispute between them.

Article 13: Applicable Law

This Agreement shall be governed by German law, expressly excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Article 14: Miscellaneous

14.1 The Customer may not assign or transfer the contract between them and Cammio, or any resulting rights or obligations, in whole or in part to third parties without the written consent of Cammio.

14.2 In these General Terms of Use, “in writing/written form” also refers to email communication, provided that the identity of the sender and the integrity of the content can be sufficiently verified. However, electronic communication does not include direct messaging services such as WhatsApp, Facebook Messenger, iMessage, Slack, Skype, FaceTime, etc.

14.3 Customer terms and conditions that have not been explicitly agreed upon by the parties are not recognized, regardless of whether they constitute a material change to the agreement.

14.4 If individual provisions of the contract are or become legally invalid due to subsequent circumstances, or if a gap is found in this contract, the validity of the remaining provisions shall not be affected. The parties undertake to replace the ineffective provision with an effective provision that comes closest to achieving the economic purpose of the ineffective provision.