Terms and Conditions (AGB)

1. The platform is provided by Lehel Kakonyi, sole proprietorship, trading as “Miragescouting.de”, Mühlenstraße 8 a, 14167 Berlin, Germany (“MirageScouting” or “we”). Full provider details are in the imprint.
2. These terms apply to all contracts for the use of the platform at www.miragescouting.de and its services, in particular MirageScouting Scout (recruiting and candidate profiles), MirageScouting Academy, MirageScouting Office and the application programming interfaces (API).
3. Business customers are entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law that use MirageScouting for recruiting or people development. Consumers within the meaning of § 13 BGB use MirageScouting with their own account as a candidate or learner.
4. Part A applies to all users, Part B additionally to business customers, Part C additionally to consumers.
5. A customer's own terms and conditions do not apply, even if we do not expressly object to them. Individual agreements take precedence over these terms (§ 305b BGB).

1. An account is required to use the platform. Completing the registration concludes a contract for the use of the free features.
2. Registration is open to people aged 16 and over.
3. Paid services for business customers are agreed by an offer and its acceptance in text form or, where offered, by a booking in the account.
4. An account is personal. Login details must be kept secret; MirageScouting must be informed without delay of any suspected misuse, and a new password set without delay. MirageScouting Scout and MirageScouting Office accounts are separate accounts.
5. All details given at registration must be true and complete and must be kept up to date.

1. MirageScouting provides the platform as software-as-a-service over the internet. The scope of services follows from the service description that applies on our website or in the offer when the contract is concluded.
2. Features labelled “Early access”, “Coming soon” or “Planned” are not part of the services owed unless we expressly commit to them.
3. We may change features if there is a valid reason, such as a change in the law, platform security or technical development, the change is reasonable for the customer and the agreed core of the service is preserved. If a change to paid services affects the customer more than insignificantly, we give at least 30 days' notice in text form; the customer may then terminate the contract free of charge within 30 days of receiving the notice or of the change, whichever is later.
4. We provide the platform with the availability that is customary for comparable software-as-a-service offerings. Excluded are maintenance windows, which we announce in advance where possible, and disruptions outside our responsibility. A specific availability rate only applies if agreed.
5. MirageScouting does not guarantee any particular outcome of an application or selection process — in particular not being hired, a reply from the business customer, or an employment or mentoring relationship. Only the business customer decides whether and how an application is considered.

1. MirageScouting uses AI models, in particular for voice interviews, question plans and evaluations. AI results are based on probabilities and may be incomplete or inaccurate.
2. MirageScouting gives recommendations and backs every score with quotes from the conversation. MirageScouting does not decide on any application and does not move any application on its own; every decision is made by a person at the business customer.
3. Only the content of the conversation is evaluated, against the criteria set for the role. MirageScouting does not recognise emotions and does not categorise people based on biometric data.
4. We do not use data of customers, applicants or employees to train AI models.

1. For the term of the contract, the customer receives a simple, non-transferable and non-sublicensable right to use MirageScouting to the agreed extent.
2. In particular, it is not permitted to:

• use MirageScouting unlawfully or in a discriminatory way, or circumvent security or access restrictions;
• extract content automatically (scraping) outside the interfaces MirageScouting provides, or use bots, scripts or similar automated means to create accounts, conduct interviews or simulate interactions;
• influence or circumvent the AI interview or its scoring through hidden instructions, manipulated inputs or comparable techniques (prompt injection);
• get the AI interview or other AI features to disclose their instructions, assessment criteria or other internal information;
• observe, study, reverse-engineer or test MirageScouting, its software, interfaces, transmitted data or AI output in order to obtain MirageScouting's trade secrets, in particular instructions to AI models (prompts), scoring and evaluation logic, assessment criteria, competency levels and the skill catalogue (§ 3(1) no. 2(b) GeschGehG, the German Trade Secrets Act);
• reproduce, distribute or make available to the public MirageScouting's content, in particular the skill catalogue, the descriptions of competency levels and the assessment criteria, in whole or in substantial part, or repeatedly and systematically in insubstantial parts, beyond use in accordance with the contract (§§ 87a et seq. UrhG);
• use MirageScouting or its content to develop or improve a competing offering, or to train, test or fine-tune AI models;
• share login details, impersonate another person, or create a user account for a person who does not exist or for another person without their consent;
• harass, threaten, or discriminate against or insult other users on the basis of gender, origin, religion or another characteristic named in § 1 AGG (the German General Equal Treatment Act);
• collect, store or pass on other users' personal data without their consent;
• upload malware, or provide content that infringes third-party rights or links to unlawful content.

The rights of lawful users under §§ 69d, 69e and 87e UrhG (including decompilation and error correction of software) and text and data mining for scientific research (§ 60d UrhG) remain unaffected by these rules.

We reserve the use of MirageScouting's content for text and data mining, including the training of AI models, under § 44b(3) UrhG. The machine-readable declaration is in robots.txt and at /.well-known/tdmrep.json.

We advise against sharing special categories of personal data (Art. 9 GDPR — for example health, religion, trade union membership or sexual orientation) in free-text fields or during the interview. Such information is not required for the evaluation, and MirageScouting does not automatically filter it out.

1. Content that customers upload or create remains theirs. The customer grants MirageScouting the rights required to provide the service.
2. If these rules are breached, we may block access after a prior warning, immediately in the case of serious breaches, and temporarily on reasonable suspicion until the matter is clarified. We may remove the content concerned. We take the customer's legitimate interests into account. Claims for injunctive relief and damages remain unaffected.

1. The business customer is the controller within the meaning of the GDPR for the personal data of its applicants and employees. MirageScouting processes this data on its behalf under the data processing agreement (AVV), which becomes part of these terms with the contract for a business account.
2. The business customer determines the legal basis of the processing, informs applicants and employees under Art. 13 and 14 GDPR, carries out any required data protection impact assessment and involves the works council where the law provides for it. Our compliance process describes how we support this.
3. As a deployer of an AI system within the meaning of the AI Act, the business customer ensures that MirageScouting is used in line with our instructions, that evaluations are reviewed by people with sufficient AI literacy, and that applicants and employee representatives are informed where required.
4. The business customer only sets objective, role-related criteria and complies with the German General Equal Treatment Act (AGG).
5. The business customer decides who receives access on its behalf and is responsible for the actions of these people.
6. When a member of the business customer opens a candidate's full profile, MirageScouting shows that candidate the business customer's name and how many of its members opened the profile — never which person did. The business customer informs its members of this.

1. The prices agreed when the contract is concluded apply, in particular those in the offer.
2. We issue invoices in text form, including electronically. They are due within 14 days of receipt without deduction.
3. Statutory rules apply to late payment. If a business customer is more than 30 days late with a due payment, we may block access after notice in text form until payment is received.
4. We announce new prices for a renewal at least six weeks before the end of the term, in text form. They only apply if the customer agrees. If the customer does not agree, the previous prices apply until the end of the term, and either party may terminate the contract at that point.

1. The term follows from the agreement. If no term has been agreed, the contract runs for an indefinite period and may be terminated with one month's notice to the end of a month.
2. A fixed-term contract renews for the original term, at most for twelve months, unless it is terminated with one month's notice to the end of the term.
3. The right to terminate for good cause remains unaffected. Notices of termination must be given in text form.
4. Until the end of the contract, the business customer can retrieve reports and transcripts. After that, we delete or hand over the data under the rules of the AVV.

1. We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the Product Liability Act and to the extent of any guarantee we have given.
2. In the case of slight negligence, we are only liable for the breach of an essential contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely. Liability is then limited to the damage that is typical for the contract and foreseeable.
3. Strict liability for defects that already existed when the contract was concluded (§ 536a(1), first alternative, BGB) is excluded.
4. The business customer is responsible for decisions it makes on the basis of recommendations from MirageScouting.
5. Liability under Art. 82 GDPR remains unaffected. These rules also apply to the personal liability of our staff and agents.

1. Both parties treat the other party's confidential information as confidential, including for three years after the end of the contract. This does not apply to information that is publicly known, was lawfully obtained from third parties or must be disclosed.
2. Content we make available in the signed-in area that is not publicly accessible, in particular the descriptions of competency levels and the assessment criteria, is MirageScouting's confidential information within the meaning of paragraph 1. The business customer uses it only for its own hiring decisions and makes it available only to persons who need it for that purpose and are bound to confidentiality.
3. We only name a business customer as a reference with its prior consent.

1. The basic candidate account is free of charge. It can be closed at any time without notice, by e-mail to legal@miragescouting.de or, where offered, in the account settings.
2. For paid plans, we show the price, billing period and term before booking. An initial term is at most two years. After that, a subscription only renews for an indefinite period and can be terminated at any time with at most one month's notice.
3. Consumers can terminate contracts at any time in text form, for example by e-mail to legal@miragescouting.de.
4. MirageScouting never asks applicants for a payment or for bank details at any point in the application process. If anyone claiming to be MirageScouting, or a company represented on MirageScouting, asks you for money or bank details, it is an attempted scam; please report it to legal@miragescouting.de.
5. Information from your profile that is visible to other users — for example through business customers' talent search — can be viewed and used by them. This does not change how our privacy policy governs that visibility; it is only a liability point: MirageScouting has no influence over how the other user actually handles that information, and is not liable for it.

Consumers have a right of withdrawal for contracts for paid services in accordance with the following notice.

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Lehel Kakonyi, Mühlenstraße 8 a, 14167 Berlin, Germany, e-mail: legal@miragescouting.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the model withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement. If you requested that the services begin during the withdrawal period, you shall pay us an amount proportionate to the services provided up to the time you inform us of your withdrawal from this contract, compared with the full scope of services provided for in the contract.

Model withdrawal form. (If you want to withdraw from the contract, please complete and return this form.) To Lehel Kakonyi, Mühlenstraße 8 a, 14167 Berlin, Germany, e-mail: legal@miragescouting.de: I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service (*) — Ordered on (*) — Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is notified on paper) — Date. (*) Delete as appropriate.

1. We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the Product Liability Act and to the extent of any guarantee we have given.
2. In the case of slight negligence, we are only liable for the breach of an essential contractual obligation, limited to the damage that is typical for the contract and foreseeable.
3. Liability under Art. 82 GDPR remains unaffected.

Our privacy policy describes how we process personal data as a controller. The data processing agreement (AVV) applies to data we process on behalf of business customers.

1. We announce changes to these terms at least six weeks before they take effect, in text form.
2. Towards business customers, changes are deemed accepted unless the customer objects in text form before they take effect; we point this out in the notice. If the customer objects, either party may terminate the contract with effect from that date. Changes to main obligations or prices always require consent.
3. Towards consumers, changes only take effect with their express consent.

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Berlin, provided MirageScouting is also a merchant (§ 38(1) ZPO).
3. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
4. If a provision of these terms is invalid, the rest of the contract remains valid (§ 306 BGB).
5. The contract language is German. Translations of these terms are for information; the German version is binding.