Terms and Conditions

Scope and Contracting Parties

1.1 Provider

These General Terms and Conditions (hereinafter "Terms") apply to all services of Salearis GmbH (hereinafter "Salearis", "we" or "us"), registered in the commercial register of the Republic of Austria, domiciled in Albrechtsberg, Austria. Salearis operates the digital platform under the domains salearis.de, salearis.at and salearis.com as well as all associated subdomains (hereinafter "Platform").

1.2 User Groups

The Platform is directed at two user groups:

• Companies (B2B): Legal entities, registered partnerships and sole proprietors who use the Platform for the search, placement and evaluation of commission-based sales freelancers.
• Freelancers: Natural persons registered on the Platform as self-employed commission-based sales specialists (Setter, Closer, Opener, SDR, Key Account Manager). Registration is free of charge.

1.3 B2B Relationship and Consumer Exclusion

The paid services are exclusively directed at entrepreneurs within the meaning of § 1(1)(1) KSchG. Consumers are excluded from using paid services. By registering as a company, the user confirms that they are acting in the exercise of their commercial or professional activity.

1.4 Platform Admission at Discretion

Salearis reserves the right to reject registrations from companies and freelancers without stating reasons or to suspend or permanently remove existing accounts in the event of reasonable suspicion of misuse, false information or violations of these Terms. There is no legal entitlement to admission to the verified company or freelancer pool.

1.5 Exclusion of Deviating Conditions

Conflicting or deviating conditions of the user shall not become part of the contract unless Salearis expressly and in writing agrees to their validity.

Platform Service Description

2.1 Core Services

Salearis provides a digital SaaS platform that includes the following services:

• Creation, management and publication of job postings for commission-based sales freelancers
• Access to a verified pool of sales freelancers in the DACH region
• Algorithm-based matching by industry, ticket size, role and experience
• Structured performance feedback system in 30-day evaluation cycles
• Performance reporting after feedback submission, subject to technical and capacity availability
• Dashboard for managing active freelancer engagements and job slots
• "Refer a friend" function for freelancers to recommend additional professionals

2.2 No Employment Agency, No Success Guarantee

Salearis operates exclusively as a technical platform operator and is not an employment agency within the meaning of the AMFG. Salearis does not establish any employment relationship and guarantees neither the placement of a suitable freelancer nor the economic success of a collaboration. The contractual relationship for the provision of sales services exists exclusively between the company and the freelancer.

2.3 Platform Availability

Salearis strives for the highest possible platform availability. There is no legal entitlement to a specific minimum availability. In particular, Salearis is not liable for outages attributable to circumstances beyond Salearis's control, including outages of third-party providers, internet infrastructure, force majeure or cyberattacks. Planned maintenance will be announced 24 hours in advance where possible.

Registration, Verification and User Account

3.1 Registration Requirement

Use of the Platform requires complete registration with truthful, complete and current information. Changes must be updated in the account without delay.

3.2 Verification

Both freelancers and companies may be subjected to a verification process. There is no legal entitlement to admission to the verified pool. Salearis may revoke granted verifications at any time in the event of reasonable suspicion of false information.

3.3 Account Security

Access credentials must be kept confidential and must not be shared with third parties. The user is liable for all activities under their access credentials unless they are not responsible for the unauthorized use. In the event of suspected misuse, Salearis must be notified immediately at sicherheit@salearis.de.

Contract Conclusion, Term and Automatic Renewal

4.1 Contract Conclusion

The contract is concluded by submitting the online order and confirmation by Salearis via email. The order confirmation contains the selected plan, price, term and notice period.

4.2 Subscription Plans and Renewal

All paid plans are billed monthly and can be cancelled at any time. The contract is automatically renewed for one (1) calendar month at a time unless terminated. After cancellation, access remains until the end of the current billing period.

4.3 Upgrade and Downgrade

An upgrade is possible at any time with immediate effect; the price difference is charged on a pro-rata basis. A downgrade takes effect at the end of the current period.

Prices, Payment and Default

5.1 Prices and VAT

All prices are net prices plus the applicable statutory value added tax.

5.2 Price Changes

Salearis reserves the right to change prices with a notice period of at least thirty (30) days by email. The new price level applies from the next renewal period. In the event of objection within fourteen (14) days, the user is entitled to terminate the contract extraordinarily at the time of entry into force.

5.3 Due Date, Invoicing and Payment Processing

Subscription fees are due at the beginning of each billing period and billed monthly. All payment processing is handled by the payment service provider Stripe. The terms of use of Stripe apply additionally.

5.4 Payment Default

In the event of payment default, Salearis is entitled, after a payment reminder with a grace period of seven (7) days, to temporarily suspend platform access and charge default interest pursuant to § 456 UGB. In the event of continued default of more than thirty (30) days, Salearis is entitled to extraordinary termination.

5.5 Refunds

Subscription fees already paid are generally not refunded. Exceptions exist exclusively in the event of permanent proven non-fulfillment of essential contractual obligations by Salearis as well as statutory refund claims.

Termination and Contract End

6.1 Ordinary Termination by the Company

Paid plans can be terminated with a notice period of fourteen (14) days to the end of the current billing period – by email to kuendigung@salearis.de or via the cancellation function in the Dashboard. After receipt of the termination, the company receives a confirmation email within 24 hours. Without this confirmation, the termination is deemed not received.

6.2 Ordinary Termination by Salearis

Salearis may terminate the contract with a notice period of thirty (30) days to the end of the current period without stating reasons. Pro-rata fees for the unused period will be refunded.

6.3 Extraordinary Termination

Both parties reserve the right to termination without notice for good cause. Good cause for Salearis exists in particular in the event of serious or repeated violation of these Terms, false information, manipulation of the feedback system, payment default exceeding thirty (30) days despite reminder, or commencement of insolvency proceedings.

6.4 Consequences of Contract Termination

After contract termination, the company receives thirty (30) days of read access for data export purposes. Thereafter, personal data will be deleted unless statutory retention obligations apply. Anonymized and aggregated performance data remain permanently in the Salearis dataset. Outstanding payment claims remain unaffected.

User Obligations and Prohibitions

7.1 General Usage Obligations

All users commit to exclusively lawful use of the Platform and to fair, respectful interaction with other users.

7.2 Special Obligations of Companies

• Truthful and complete information in job postings, company profile and feedback system
• Regular and truthful submission of performance feedback in the agreed 30-day cycle as an essential contractual obligation
• No sharing of platform access credentials with third parties

7.3 Special Obligations of Freelancers

• Truthful information in the profile, particularly regarding experience, references and qualifications
• Active profile maintenance and immediate updates in the event of material changes
• Correct use of the "Refer a friend" function without manipulation

7.4 Prohibited Actions

Expressly prohibited are: Manipulation of the feedback system or entering knowingly false performance data, automated scraping of the Platform without written permission, publication of false or discriminatory content, harassment of other users, and reverse engineering or interference with the Platform source code.

Performance Data, Feedback System and Reporting

8.1 Feedback Obligation and Job-Slot-Lock

Regular submission of performance feedback is an essential contractual obligation for companies with paid plans. The evaluation cycle: Pre-notification on Day 25, feedback request with Magic Link on Day 30, final reminder on Day 35. If not submitted by Day 37, the respective job slot is locked until feedback is submitted (Job-Slot-Lock). The Job-Slot-Lock is a contractually agreed mechanism to ensure data quality and does not constitute a breach of contract by Salearis.

8.2 One-Time Role Assignment

The role assignment of a freelancer (Setter, Closer, Full Cycle) is made once during the first feedback cycle and saved. A change is only possible with proven change of actual activity.

8.3 Data Quality and Accuracy

The company confirms with each feedback submission that the entered data is correct to the best of their knowledge and belief. Knowingly false information may lead to immediate account suspension.

8.4 Use of Performance Data by Salearis

Salearis is entitled to use entered performance data for the following purposes: Creation of anonymized industry benchmarks, improvement of the matching algorithm, development of predictive scoring and AI models, internal product development, and aggregated market analyses. Use is exclusively in anonymized or aggregated form.

8.5 Performance Reporting

Salearis provides performance reporting after receipt of feedback. Timing, scope and form of reporting are at the discretion of Salearis and may vary depending on platform development status. There is no legal entitlement to reporting within a specific timeframe or in a specific format.

Reporting System and User Sanctions

9.1 Reservation of a Reporting System

Salearis reserves the right to introduce a function at a later date that enables companies to report freelancers for violations of these Terms or inappropriate behavior, as well as a corresponding function for freelancers regarding companies. The exact design, thresholds and sanction measures will be regulated in an updated version of these Terms upon introduction of this function.

9.2 Existing Sanction Options

Regardless of the reporting system, Salearis is already entitled to temporarily suspend or permanently remove user accounts in the event of reasonable suspicion of violations of these Terms or statutory provisions. Salearis decides at its own discretion and is not obligated to disclose the basis for its decision.

Liability, Indemnification and Warranty

10.1 Scope of Liability of Salearis

Salearis is liable without limitation for damages arising from injury to life, body or health as well as for damages caused by intent or gross negligence. For slight negligence, Salearis is only liable in the event of breach of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical for the contract, up to a maximum of the subscription fee paid by the affected user to Salearis in the month in which the damaging event occurred. Any further liability is, to the extent permitted by law, excluded.

10.2 Indemnification by Users

Each user indemnifies Salearis against all claims by third parties arising from the user's use of the Platform, in particular from:

• Violations of these Terms or statutory provisions by the user
• False or misleading information in the profile or job postings
• Disputes between companies and freelancers from their direct collaboration
• Damages caused by a freelancer to a company or third parties, or vice versa
• Infringement of third-party rights through content posted by the user

10.3 Warranty

Salearis warrants that the Platform functions substantially in accordance with § 2 of these Terms. In the event of material reproducible malfunctions, the user is first entitled to rectification. If this fails twice, the user may proportionally reduce the fee for the demonstrably affected period.

Intellectual Property, Data License and Reference Right

11.1 Ownership of the Platform

All rights to the Platform, source code, matching algorithm, scoring models and aggregated dataset belong exclusively to Salearis.

11.2 Data License for Performance Data

By entering performance data, the company grants Salearis an irrevocable, worldwide, non-exclusive, transferable and perpetual license to use this data for the purposes specified in § 8.4, in particular for creating anonymized benchmarks, training AI models and transferring in the exit case pursuant to § 12 in anonymized or aggregated form.

11.3 Reference Right

By concluding a paid subscription, the company agrees that Salearis may name and use its company name and, where available, its logo as a reference customer on the Platform, the website and in marketing materials. The company may object to this use at any time in writing by email to hallo@salearis.de; Salearis will cease the use within fourteen (14) days. The reference right does not constitute substantive approval or recommendation by the named company.

11.4 Freelancer Profile Data

Freelancers retain ownership of their profile data and grant Salearis the right to use them for matching purposes and platform functionality. No disclosure of raw profile data to third parties outside the Platform takes place.

Exit Clause: Company Sale and Data Migration

12.1 Right to Transfer in Corporate Transaction

Salearis is entitled to transfer all rights and obligations from existing user contracts – both with companies and freelancers – as well as all data stored on the Platform in the course of a company sale (share deal or asset deal), merger, acquisition, transfer to a group company or insolvency liquidation to a third party (hereinafter "Acquirer"), without requiring the separate consent of individual users.

12.2 Conditions of Contract Transfer

A transfer of existing user contracts is permissible provided that: the Acquirer assumes the existing contractual relationships under unchanged conditions; all affected users are informed by email at least thirty (30) days before the effective date; the Acquirer commits to adopting these Terms and the Privacy Policy or to providing equivalent regulations; and the Acquirer fulfills the data protection requirements of the GDPR.

12.3 Special Termination Right in Transaction

In the event of a transfer pursuant to 12.1, all paid users have the right to terminate the contract extraordinarily within fourteen (14) days of receipt of the notification at the time of the effective date. Pro-rata fees for the unused period will be refunded.

12.4 Transfer of Anonymized Datasets

Anonymized and aggregated datasets – including industry benchmarks, AI training data, scoring algorithms and market analyses – that allow no inference to individual natural persons or companies may be transferred without restriction, without notification obligation and without user consent. These datasets represent the primary strategic asset of Salearis.

12.5 Data Portability on Request

Upon written request, Salearis provides each user with a structured, machine-readable export of their own data (Art. 20 GDPR), within thirty (30) days of the request.

Changes to Terms and Conditions

13.1 Amendment Procedure

Salearis reserves the right to amend these Terms with a notice period of at least thirty (30) days. The amended Terms will be sent by email and published on the Platform.

13.2 Deemed Acceptance

If the user does not object in writing within fourteen (14) days of receipt of the amendment notification, the amended Terms are deemed accepted. The amendment notification expressly refers to the right of objection, the deadline and the consequences of silence.

13.3 Special Termination Right upon Objection

In the event of timely objection, the user is entitled to terminate the contract extraordinarily at the time the amended Terms take effect.

Final Provisions

14.1 Applicable Law

The law of the Republic of Austria applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and Austrian conflict of laws rules.

14.2 Jurisdiction

The exclusive place of jurisdiction is, to the extent legally permissible, the registered office of Salearis GmbH in Austria.

14.3 Severability Clause

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the legally permissible provision that most closely approximates the economic purpose.

14.4 Written Form and Assignment Prohibition

Amendments and supplements to these Terms require written form (email suffices). The assignment of rights under this contract by the user to third parties is not permissible without the prior written consent of Salearis. Salearis is entitled to assignment within the framework of § 12.