1.1 These General Terms and Conditions govern the contractual relationship between Aramaz Digital GmbH, Stadtheider Str. 12, 33609 Bielefeld (hereinafter the “PROVIDER”) and the CUSTOMER (hereinafter the “CUSTOMER”; together also the “PARTIES”) regarding the provision of the Software as a Service (SaaS) Klara.al in the field of recruiting telephony (hereinafter the “Services”).
1.2 Conflicting, differing, or supplementary general terms and conditions of the CUSTOMER shall not become part of the contract unless the PROVIDER expressly agrees to their applicability. These General Terms and Conditions shall also apply if the PROVIDER, being aware of terms and conditions of the CUSTOMER that conflict with or deviate from these General Terms and Conditions, renders the Services without reservation.
1.3 These General Terms and Conditions shall also apply to all future service relationships between the PROVIDER and the CUSTOMER (in connection with the offered subject matter of performance) without requiring express inclusion.
1.4 These General Terms and Conditions apply exclusively to the contractual service relationships between the PROVIDER and those CUSTOMERS who are entrepreneurs within the meaning of § 14 BGB.
1.5 These General Terms and Conditions apply from the first use of the offered Services, regardless of whether the selected offering for the CUSTOMER is subject to a fee.
1.6 Where the generic masculine is used in the following provisions, this is solely for reasons of simplicity and implies no value judgment.
2.1 The PROVIDER offers the CUSTOMER the option to use an AI-powered telephony solution through which telephone interviews with applicants are conducted automatically and autonomously. The subject matter of the services consists solely of conducting these calls based on predefined questions. No substantive evaluation of responses, no selection decision, no verification of applicant information, and no personal interaction by natural persons take place and are not part of the services.
2.2 Use of the software is subject to a fee; the contents and prices are set out in the PROVIDER’s price and service offering.
2.3 The PROVIDER is entitled to engage third parties to fulfill some or all contractual obligations.
2.4 The PROVIDER assumes no liability for the selection, suitability, qualification, or accuracy of applicant information. Responsibility for personnel selection and its legal admissibility remains exclusively with the CUSTOMER.
2.5 The CUSTOMER is responsible for compliance with data protection requirements in connection with the use of the software, in particular for duly obtaining applicants’ data protection consents and for complying with the provisions of the German General Equal Treatment Act (AGG). The PROVIDER has no duty to review or monitor in this regard.
2.6 The AI technology is based on algorithms and statistical models that may, in individual cases, lead to errors or inaccurate results. There is a risk that the software may be temporarily unavailable due to unforeseen technical disruptions or external influences (e.g., changes in the legal framework).
3.1 To fully use the service offering, the CUSTOMER must register with a valid email address.
3.2 Registration requires acceptance of these Terms of Use and the Privacy Policy and the truthful provision of the required data.
3.3 Upon confirmation of registration by the PROVIDER, a contract for the use of the software (hereinafter referred to as the „User Agreement“) is concluded between the PROVIDER and the CUSTOMER.
3.4 There is no entitlement to the conclusion of a User Agreement.
3.5 As part of the contract for the use of the content, the CUSTOMER is permitted to use the functions for their own purposes within the scope of these Terms of Use.
3.6 The use of certain functions may be subject to special conditions. The PROVIDER reserves the right to amend the Terms of Use at any time and to make further use of the software dependent on acceptance of the amended Terms of Use.
3.7 The CUSTOMER expressly agrees not to disclose logins, passwords, materials, and links to which the CUSTOMER gains access under this agreement to third parties.
3.8 The term of the User Agreement is determined by the respective agreement.
3.9 The right of the PARTIES to terminate the User Agreement for good cause (extraordinary termination) remains unaffected.
4.1 The CUSTOMER undertakes to use the functions provided by the PROVIDER only to the extent contractually agreed.
4.2 The CUSTOMER is independently responsible for maintaining the technical requirements (e.g., by regularly updating the operating system used) in order to fully utilize the service. In the event of technical problems with the provided service, the CUSTOMER is also obliged to cooperate to the best of their ability in resolving the issue.
4.3 In the case of registration, the CUSTOMER is obliged to keep their access data, in particular the chosen password, confidential at all times and to prevent any unauthorized access to their customer account by third parties through appropriate measures. The CUSTOMER is obliged to inform the PROVIDER immediately if there are indications that the access data may be used without authorization. The CUSTOMER is liable for any misuse of the customer account and/or their data.
4.4 The proper and regular backup of data is the responsibility of the CUSTOMER.
4.5 The CUSTOMER is obliged to ensure that the information and content they enter do not infringe the rights of third parties and do not violate any legal provisions. In the event of a breach of this provision, the PROVIDER expressly reserves the right to pursue civil and/or criminal sanctions. The CUSTOMER hereby indemnifies the PROVIDER against any possible claims for recourse resulting from the violation of this provision.
4.6 The CUSTOMER acknowledges that in the event of a violation of these conditions, they may be temporarily or permanently excluded (“deactivated”) from the service by the PROVIDER at any time.
4.7 The CUSTOMER is obliged to perform updates. Compatibility of the software with outdated versions is expressly not guaranteed.
4.8 The CUSTOMER bears sole responsibility for the legality and accuracy of all data transmitted via interfaces or other means. The PROVIDER does not check these data for content, accuracy, or completeness.
4.1 The CUSTOMER undertakes to use the functions provided by the PROVIDER only to the extent contractually agreed.
4.2 The CUSTOMER is independently responsible for maintaining the technical requirements (e.g., by regularly updating the operating system used) in order to fully utilize the service. In the event of technical problems with the provided service, the CUSTOMER is also obliged to cooperate to the best of their ability in resolving the issue.
4.3 In the case of registration, the CUSTOMER is obliged to keep their access data, in particular the chosen password, confidential at all times and to prevent any unauthorized access to their customer account by third parties through appropriate measures. The CUSTOMER is obliged to inform the PROVIDER immediately if there are indications that the access data may be used without authorization. The CUSTOMER is liable for any misuse of the customer account and/or their data.
4.4 The proper and regular backup of data is the responsibility of the CUSTOMER.
4.5 The CUSTOMER is obliged to ensure that the information and content they enter do not infringe the rights of third parties and do not violate any legal provisions. In the event of a breach of this provision, the PROVIDER expressly reserves the right to pursue civil and/or criminal sanctions. The CUSTOMER hereby indemnifies the PROVIDER against any possible claims for recourse resulting from the violation of this provision.
4.6 The CUSTOMER acknowledges that in the event of a violation of these conditions, they may be temporarily or permanently excluded (“deactivated”) from the service by the PROVIDER at any time.
4.7 The CUSTOMER is obliged to perform updates. Compatibility of the software with outdated versions is expressly not guaranteed.
4.8 The CUSTOMER bears sole responsibility for the legality and accuracy of all data transmitted via interfaces or other means. The PROVIDER does not check these data for content, accuracy, or completeness.
6.1 If the CUSTOMER is in default with due payments, the PROVIDER reserves the right to withhold further services until the outstanding payments have been settled.
6.2 The PROVIDER is entitled to terminate the contract for good cause pursuant to § 626 (1) BGB and to discontinue all services. Good cause exists in particular if the CUSTOMER, in the case of an agreed installment payment, is in default with at least two due installments owed to the PROVIDER. The PROVIDER is entitled to claim as damages the entire remuneration that would have been due up to the next ordinary termination date. In such a case, however, the PROVIDER must credit any expenses saved or any income gained through alternative use.
6.3 If the CUSTOMER is in default with payment of the due remuneration for more than four weeks, the PROVIDER is entitled, after prior reminder and setting of a deadline, to suspend the customer account. The PROVIDER’s claim for remuneration remains unaffected in the event of such suspension of the CUSTOMER account.
7.1 The PROVIDER shall be liable, regardless of the legal grounds, within the framework of statutory provisions only in accordance with the following provisions.
7.2 The PROVIDER shall be liable only for damages resulting from injury to life, body, or health, as well as for damages based on intent or gross negligence by the PROVIDER or one of its legal representatives or vicarious agents. In addition, the PROVIDER shall be liable, limited to compensation for foreseeable damages typical of the contract, for damages resulting from a slightly negligent breach of essential contractual obligations by the PROVIDER or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment enables the proper execution of the contract in the first place and on whose observance the CUSTOMER regularly relies.
7.3 Within the limits of section 7.2, the PROVIDER shall not be liable for data and program losses. Liability for data loss is limited in amount to the typical recovery effort that would have been required if regular and risk-appropriate backups had been made. The PROVIDER reserves the right to claim contributory negligence. The CUSTOMER is in particular responsible for data backups and protection against malware in accordance with the latest state of the art.
7.4 The PROVIDER assumes no liability for unforeseen software malfunctions caused by third parties or for technical bugs or data losses beyond the PROVIDER’s control.
7.5 The CUSTOMER shall indemnify the PROVIDER against all claims by third parties asserted against the PROVIDER due to a violation of these Terms and Conditions by the CUSTOMER. In such cases, the CUSTOMER shall also reimburse the PROVIDER for all costs incurred in legal prosecution and defense.
7.6 The PROVIDER shall not be liable in particular for the accuracy, completeness, or suitability of responses collected by the AI or of applicant data transmitted. Nor shall the PROVIDER be liable for the success or failure of the CUSTOMER’s selection decisions.
8.1 The PROVIDER’s entire offering is subject to the respective intellectual property rights (such as copyright law) and is legally protected by the PROVIDER and/or its licensors. This applies in particular to the entire data and database structure as well as to the external appearance of the website.
8.2 The entire data and database structure may not be published, reproduced, made publicly accessible, or passed on to third parties without the express prior consent of the PROVIDER. The CUSTOMER is granted a simple, non-transferable right of use limited in time to the duration of the contract for the use of the software. Any commercial use is strictly prohibited without the prior consent of the PROVIDER.
8.3 Automated data queries by scripts, bots, crawlers, etc., bypassing the search mask, using search software or comparable actions (in particular data mining or data extraction), and obtaining the protected data and database contents in any other way are not permitted. The right to assert claims for damages in this respect is expressly reserved.
8.4 The CUSTOMER permits the PROVIDER to mention the contractual cooperation for the purpose of (self-)promotion, in particular on the PROVIDER’s website or social media profiles (“testimonial use”).
9.1 As part of performance optimization after the conclusion of the contract, the PROVIDER reserves the right to make further developments and changes to the services (e.g., through the use of newer or different technologies, systems, processes, or standards).
9.2 In the event of significant changes to the services, the CUSTOMER will be notified in due time. If the changes result in substantial disadvantages for the CUSTOMER, the CUSTOMER shall have the right to terminate the contract extraordinarily as of the date of change. Termination must be declared by the CUSTOMER within two weeks of receipt of the notification of the service change.
10.1 At the time of transfer of risk, the software shall have the agreed characteristics and be suitable for the contractual use, or, in the absence of such agreement, for ordinary use. It meets the criterion of practical usability and has the quality customary for software of this type. Any impairment of functionality resulting from hardware defects, environmental conditions, improper operation, or similar is not considered a defect. An insignificant reduction in quality shall be disregarded.
10.2 In the event of defects, the PROVIDER may first provide subsequent performance. The subsequent performance will be carried out at the PROVIDER’s discretion by remedying the defect, by providing software that does not have the defect, or by demonstrating reasonable ways for the CUSTOMER to avoid the effects of the defect. At least three attempts at rectification must be accepted before other remedies may be sought.
10.3 The CUSTOMER shall support the PROVIDER in the analysis and elimination of defects by immediately and specifically describing any problems that occur, providing comprehensive information to the PROVIDER, and granting the PROVIDER the necessary time and opportunity to remedy the defect. The PROVIDER will provide defect remediation via remote maintenance.
11.1 The processing of personal data for the fulfillment of the contractually agreed services is carried out in accordance with national and European data protection laws. The processing of personal data necessary for the performance of the contractual offer is based on Art. 6 lit. b GDPR. Beyond this, further processing of data or disclosure to third parties shall only take place in cases where the CUSTOMER has expressly given prior consent or where processing/disclosure is required for the execution of the contract and is in the interest of the CUSTOMER. For further details, the PROVIDER refers to the privacy policy available at https://klara-ai.de/datenschutz.
11.2 The PARTIES undertake to treat as confidential any information or documents from the other party’s domain that become known to them in the course of contract performance and that are not obvious or generally accessible. This confidentiality obligation shall remain in force even after the termination of the contractual relationship.
11.3 Insofar as the PROVIDER processes personal data on behalf of the CUSTOMER in the course of providing services, this shall be carried out exclusively on the basis of a separate data processing agreement pursuant to Art. 28 GDPR. The CUSTOMER remains the sole controller within the meaning of the GDPR for the processing of applicant data.
11.4 The CUSTOMER is obliged to inform the data subjects (e.g., applicants) about the processing of their data by the software and to obtain their consent where legally required.
12.1 The contract is concluded for the fixed term agreed in the individual contractual agreement (initial term). Ordinary termination prior to the end of the initial term is excluded.
12.2 Unless explicitly agreed otherwise, the contract term shall automatically be extended by the agreed initial term if it is not terminated by either party at least four weeks before the end of the initial term or the respective contract extension.
12.3 The right to extraordinary termination for good cause remains unaffected.
13.1 The PROVIDER strives to ensure high availability of the software. However, the CUSTOMER acknowledges and agrees that the availability of the software may be limited in particular due to disruptions of the internet beyond the PROVIDER’s control, or other circumstances for which the PROVIDER is not responsible, especially force majeure or maintenance work on the software. Disruptions of this kind do not affect the contractual conformity of the services provided by the PROVIDER.
13.2 The availability of the software averages 97% per year, excluding the time required for installing updates, upgrades, new releases, and/or other modifications and maintenance work. The PROVIDER endeavors to resolve any server issues as quickly as possible and to perform maintenance work in a minimally disruptive manner.
The PROVIDER concludes contracts exclusively with entrepreneurs within the meaning of § 14 BGB; therefore, no statutory right of withdrawal exists.
15.1 To the extent permitted by law, the place of performance and place of jurisdiction shall be the registered office of the PROVIDER.
15.2 There are no collateral agreements to these Terms and Conditions, and any amendments must be made in writing to be valid. This also applies to any amendment of this provision itself.
15.3 The possible invalidity or ineffectiveness of one or more provisions of these Terms and Conditions shall not affect the validity of the remaining provisions. The PARTIES undertake to replace the invalid provision with a valid provision that comes closest, in economic and legal terms, to the intended regulation.
15.4 All disputes in connection with the use of the software, regardless of the legal basis, shall be governed exclusively by the law of the Federal Republic of Germany, excluding all provisions of conflict of laws that would refer to another legal system.
Status: August 2025
