General Terms and Conditions (AGB) for Talents on www.join.yoummday.com for registrations as of July 31, 2026, 00:00 (GMT) with validity starting only from October 1, 2026.
The yoummday marketplace on www.join.yoummday.com is operated by
Yoummday GmbH
represented by its managing directors
Dr. Klaus Harisch, Pablo Harisch, Claas van Delden and Benjamin Tüzen
Infanteriestraße 11A, 80797 Munich
Telephone: +49 89 231660000
E-mail: info@yoummday.com
Preliminary Remarks (Vorbemerkungen)
Yoummday GmbH (hereinafter referred to as “yoummday” or the “Company”) offers innovative, technology-based solutions in the field of customer service and operates a digital platform at the internet addresses www.yoummday.com and www.join.yoummday.com, which efficiently connects companies (“Clients” / Auftraggeber) and self-employed service providers (“Talents” / Talente) with one another (the “yoummday marketplace”). Talents are self-employed entrepreneurs who offer and perform their services to companies on the yoummday marketplace. In doing so, the Talents work from their own office premises. The Clients are companies that use the yoummday marketplace in order to make use of the services offered by the Talents.
yoummday offers its services in two different product models: Self-Service and Managed Service.
In Self-Service, yoummday provides the technical infrastructure to bring Talent and Client into contact with one another and to initiate, transmit and document contracts for services. The contracting parties to the customer-service services offered via the platform are exclusively the Talent and the Client. The Talent and the Client are solely responsible for the content, description and performance of the service offerings. yoummday provides the communication interface for the performance of the services and, on behalf of and in the name of the Talent, handles the invoicing. In individual cases, yoummday provides project-related support services to the Client in Self-Service, which are governed by separate agreements between yoummday and the Client (Enabled Service, Partner Service or BPO Service). These models have no effect on the contractual position of the Talents or their self-employed status.
In Managed Service, yoummday provides its own services to the Client, which are governed by a separate agreement between yoummday and the Client. In addition, in Managed Service there is a separate contractual relationship between yoummday and the Talent. There is no contractual relationship between the Client and the Talent in Managed Service. In both models, Self-Service and Managed Service, the Talents act free from instructions, bear entrepreneurial risk and are not integrated into the operational organization of yoummday or of the Client (see Section 2.2).
These General Terms and Conditions (hereinafter referred to as the “AGB”) govern the terms of use and sale of the yoummday marketplace as well as the rights and obligations of the Talents who offer their services via the yoummday marketplace.
Use of the yoummday marketplace requires acceptance of and compliance with these AGB. The Talent expressly agrees to these AGB in the course of registration.
I – Definitions (Definitionen)
Billing Mandate (Abrechnungsmandat): refers to the billing mandate agreed between the Talent and yoummday, by which the Talent agrees to entrust yoummday, in compliance with the applicable regulations, with the preparation and issuance of its invoices for projects agreed with a Client via the yoummday marketplace.
Account: refers to the account that the User creates upon registration on the website of the yoummday marketplace.
Offer (Angebot): refers to the service offer created by the Talent or a Client on the yoummday marketplace.
Client (Auftraggeber): refers to any legal or natural person that uses the yoummday marketplace for purely business purposes in order to make contact with, or be connected to, one or more Talents who may subsequently be entrusted with the performance of a project.
Services (Dienste): refers to all services offered on the yoummday marketplace.
Content (Inhalt): refers to all statements, messages or information of any kind (text, images, videos, photographs, comments, trademarks, business names and designations, etc.) posted online by a User on the yoummday marketplace.
Managed Service: The product model in which the Talents conclude a service contract with yoummday, while yoummday concludes its own contract with the Client (see Preliminary Remarks).
User (Nutzer): refers to Talent and Client who have registered on the yoummday marketplace.
Talent User Data (Talent-Nutzerdaten): Talent User Data are all Content as well as personal data provided, published or collected from Talents for the use of the yoummday marketplace, including voice data, texts and other digital information or content.
Project (Projekt): refers to the specific task that a Client entrusts to a Talent via the yoummday marketplace.
Self-Service: The yoummday product model in which the service contract comes into existence directly between the Talent and the Client and yoummday acts as a mere intermediary platform (see Preliminary Remarks).
Talent: Any self-employed natural or legal person who is self-employed in accordance with the respectively applicable statutory provisions in the Federal Republic of Germany or abroad and who offers its services to Clients via the yoummday marketplace.
Company (Unternehmen): is Yoummday GmbH as the operator of the yoummday marketplace.
yoummday marketplace: The platform operated by the Company at the website www.yoummday.com, as well as the associated software and technology developed or used by the Company for the operation of the yoummday marketplace.
Payment Service Provider (Zahlungsdienstleister): A company specialized in processing payments on online platforms, which enables companies and platforms to process payments between providers and recipients, to manage funds securely and to meet statutory requirements relating to anti-money laundering and customer authentication.
II – Registration of Talents on the yoummday marketplace; Self-Employed Status of Talents
2.1 Conditions for registration on the yoummday marketplace
(1) In order to gain access to the projects offered on the yoummday marketplace, the Talent must create an Account. For this purpose, the Talent must agree to these AGB, confirm that it has taken note of the privacy policy (Datenschutzerklärung), and provide complete and truthful information, including the provision of a current photograph. The Talent is obliged to keep its information up to date at all times. The place of invoicing to be stated is the place of registration or habitual residence as well as the tax domicile; the place of work is the place from which the projects are performed.
(2) In the context of certain projects or for quality assurance of the platform, communications, training sessions, project activities or other interactions may be documented or recorded, insofar as this is necessary for the performance of the respective project, the fulfillment of contractual obligations, quality assurance, fraud prevention, IT security or compliance with statutory requirements. Insofar as consent is required for this, such consent will be obtained separately. Further information can be found in the privacy policy for Talents, available at www.join.yoummday.com.
(3) The Talent must be at least 18 years of age and have legal capacity.
(4) Access to the Account is via the login credentials chosen by the Talent. The Talent is responsible for keeping these confidential and may not make them accessible to third parties.
(5) As part of the registration process, yoummday may review the technical equipment, the communication skills, the organizational prerequisites as well as compliance with data protection requirements. Participation in the registration process is voluntary and may be terminated at any time.
(6) Registration is complete as soon as yoummday activates the Account. There is no entitlement to registration. yoummday is entitled to reject registration applications at its own discretion, insofar as no mandatory statutory provisions preclude this.
(7) Upon activation of the Account and receipt of the confirmation e-mail, a usage contract (Nutzungsvertrag) for the use of the yoummday marketplace for an indefinite period comes into existence between the Talent and yoummday.
(8) By registering, the Talent authorizes yoummday to transmit the Talent data required for the placement and performance of projects to potential or existing Clients.
(9) If the Talent provides incorrect, misleading, incomplete or outdated information, yoummday is entitled to temporarily suspend or permanently close the Account.
(10) Talents domiciled or resident outside Germany are obliged to comply with the statutory requirements applicable to them in their respective state of residence or establishment.
2.2 Self-Employed Status and Entrepreneurial Freedom of the Talents
(1) The Talent renders all services as a self-employed entrepreneur in its own name, for its own account and at its own economic risk. Neither an employment relationship nor an employee-like legal relationship is established between the Talent and yoummday or between the Talent and a Client by registering on the yoummday marketplace, using the marketplace or performing projects.
(2) The Talent is free in the organization of its entrepreneurial activity. It is not subject to the professional, organizational or personal instructions of yoummday or of a Client. Specifications by a Client or by yoummday regarding the desired service result, compliance with statutory requirements, data protection, security or quality standards do not establish any right to issue instructions regarding the type, place, time or performance of the activity.
(3) The Talent decides on its own responsibility whether and which projects, assignments or shifts it accepts. There is no obligation to accept projects, to render a minimum volume of services or to be available during certain periods. Likewise, there is no entitlement to the allocation of particular projects, assignments or shifts.
(4) The Talent determines for itself when, from where and with which operating resources it renders its services, unless mandatory statutory requirements or project-related technical prerequisites preclude this. The Talent bears the costs of its business premises, its work equipment, its telecommunications and internet connection and its other operational infrastructure itself.
(5) The Talent is entitled to offer and render its services also to other Clients, platforms, companies or other customers. Neither yoummday nor a Client is entitled to the exclusive activity of the Talent.
(6) The Talent is not integrated into the work organization of yoummday or of a Client. In particular, it is not subject to duty rosters, working-time arrangements, leave arrangements, reporting lines or other organizational requirements that are typical of employees. Participation in meetings, training sessions or other measures takes place only insofar as this is necessary for the performance of a specific project.
(7) The Talent acts vis-à-vis third parties as an independent entrepreneur and is itself responsible for the proper fulfillment of its tax, social-security, trade-law and other statutory obligations.
(8) Insofar as the nature and content of a project permit this and no legitimate interests of the Client preclude it, the Talent is entitled to use its own employees or subcontractors on its own responsibility to fulfill its contractual obligations. Any employees or subcontractors of the Talent are, in this case too, not integrated into the work organization of yoummday or of the Client. In this case, the Talent remains responsible vis-à-vis the respective contracting party for the proper performance of the services.
(9) The remuneration for the services is, as a matter of principle, freely agreed between the Talent and the respective contracting party. The Talent decides on its own responsibility on the prices and remuneration models it offers, unless expressly agreed otherwise in an individual case.
(10) The contracting parties agree that the actual performance of the cooperation shall correspond to the principles set out in this Section. They will structure and carry out their cooperation accordingly.
2.3 Billing Mandate (Abrechnungsmandat)
(1) By registering on the yoummday marketplace, the Talent grants yoummday a Billing Mandate. This includes the preparation and issuance of invoices for projects agreed via the yoummday marketplace as well as the collection of the payments attributable thereto in the name and for the account of the Talent.
(2) The Talent provides yoummday with all information required for invoicing and keeps its legal, tax and billing-relevant information up to date at all times. Changes that may have an effect on invoicing must be notified to yoummday without delay.
(3) Insofar as legally or regulatorily required, the Talent provides the documents necessary for the identification and verification of its person or its company on the yoummday marketplace or to the Payment Service Provider engaged by yoummday.
(4) yoummday will make invoices and invoice corrections issued to the Talent available electronically. The Talent will review the invoices to a reasonable extent after receipt and will notify any identifiable inaccuracies or objections without culpable delay.
(5) yoummday will review justified correction requests and, if necessary, issue a corrected invoice.
(6) Notwithstanding the Billing Mandate, the Talent remains responsible for the accuracy of its information as well as for the fulfillment of its tax, accounting and other statutory obligations.
(7) The Billing Mandate applies from the registration of the Talent and ends upon termination of the usage contract or by revocation or termination of the Billing Mandate by yoummday.
2.4 Payment Service Provider (Zahlungsdienstleister)
The Talent agrees that the processing of payments may take place via a Payment Service Provider. In this case, the use of the Payment Service Provider is mandatory for the Talent.
The terms of use of the Payment Service Provider apply additionally to its use.
yoummday assumes no liability for the services of the Payment Service Provider. For all questions and problems arising in connection with the payment transaction, the Talent is obliged to contact the Payment Service Provider directly.
III – Services and Functioning of the yoummday marketplace
3.1 Description of the Services
The Services include, among others:
• the possibility for the User to create an Account on the yoummday marketplace;
• the bringing together of Talent and Client via the yoummday marketplace for the performance of projects;
• the preparation and issuance of invoices for the projects performed by the Talent via the yoummday marketplace within the scope of the Billing Mandate;
• tools for the automatic recommendation of Talent profiles.
3.2 Functioning of the yoummday marketplace
3.2.1 Offer and Conclusion of Contract
(a) Self-Service
All service offers on the yoummday marketplace www.yoummday.com constitute merely a non-binding invitation to submit offers (invitatio ad offerendum).
To book a service in Self-Service, this must be triggered by clicking on the desired service at https://manage.yoummday.com/addservice.
The Company transmits the booking data to the Talent. The contract comes into existence as soon as the Talent confirms the contract to the Company. The contract between the Client and the selected Talent is thereby concluded on the offered terms.
The Company is not liable for the accuracy of the information provided by the Talent. The Talent is solely liable for this.
Likewise, the Company is not liable for the accuracy of the information provided by the Client. The Client is solely liable for this.
(b) Managed Service
Different conditions apply to projects performed under the Managed Service model. In this case, the service contract for the respective project comes into existence between yoummday and the Talent when the Talent accepts the project offer transmitted via the yoummday marketplace. In this case, a contractual relationship regarding the service exists exclusively between yoummday and the Talent; no contract comes into existence between the Client and the Talent. yoummday subsequently coordinates the performance of the project in the relationship with the Client and cooperates with the Talent for this purpose.
The self-employed status of the Talents remains unaffected in this model as well; in particular, no instructions are issued by yoummday or the Client to the Talent, and the Talent is not integrated into the operational organization of yoummday or of the Client.
3.2.2 Prices, Payment Terms and Invoicing
(a) Free Price Negotiation; Outcome-based Pricing
(1) The Talent is entitled to determine the offer prices for its service itself. In the individual case, the price agreed between the Talent and the Client always applies.
(2) Success-based, event-based and similar payment models may be agreed between the Talent and the Company or the Client (“Outcome-based Pricing”). These include, by way of example but not exhaustively:
a. Success models (in particular special payments for successful contract conclusions by the Talents for the benefit of the Client),
b. Event-based models (per processing of tickets/calls, per scheduled hour),
c. Target-achievement models,
d. Deviation models (e.g., bonus/malus payments depending on previously agreed targets).
(b) Self-Service
(1) The Company undertakes, on behalf of and in the name of the Talents, the invoicing of the services rendered to the Client. In this respect, the Company issues an invoice to the Client on behalf of and in the name of the Talents. The Client then makes payment to the account set up with the Payment Service Provider.
(2) In the context of receiving payments via the payment method chosen by the Client, the Company acts with an authority to receive funds (Geldempfangsvollmacht) within the scope of the Talents’ Billing Mandate.
(3) The Payment Service Provider forwards to the Talent, on behalf of yoummday, those amounts of money that were earned through the service. Deducted from this, where applicable, is a bank fee incurred on the transfer to the specified bank account, as well as a placement commission for an affiliate partner that has become active, insofar as these have actually become due. Insofar as the deduction amounts are not yet precisely determined at the time of forwarding, the deduction will be made in later payouts in subsequent months.
(4) yoummday charges the Talents a platform fee (Plattformentgelt) for the use of the yoummday marketplace in Self-Service in the amount of 3% of the net remuneration amount payable to the Talent plus the applicable statutory value-added tax, insofar as this is incurred. yoummday is entitled to set off the platform fee against the Talent’s payout claims. yoummday makes a voucher available to the Talent regarding the platform fee.
(5) The platform fee pursuant to paragraph (4) will only be charged to the individual Talent once the invoicing-related prerequisites required for proper billing are met. yoummday will inform the Talent about the start of the charging in text form (Textform) with a notice period of at least four weeks in advance (the “notified date” / mitgeteilter Zeitpunkt). Until the notified date, no platform fee will be charged in Self-Service.
(6) The platform fee applies to Self-Service projects booked after the notified date. It further applies to services rendered after that date in already ongoing Self-Service projects as soon as the Talent has accepted these AGB, in particular by booking a new project or, within an ongoing project, a new work type (in particular by agreeing to a new or amended service description). No retroactive charging on services rendered or already invoiced before that date takes place. If the Talent books a new Self-Service project or a new work type, this constitutes consent to the AGB applicable at the time of booking, including the platform fee; the Talent is expressly advised of this significance of the booking during the booking process.
(7) The payout of the generated revenues takes place once per month, namely on the 18th of the following month in each case. If the 18th is not a business day, the payout takes place on the next following business day.
(8) No payout is made to the Talent if the payout amount is below EUR 5.00 for a SEPA direct debit and below EUR 50.00 for other transfer methods (in particular for foreign transfers). Amounts below this are carried over into the billing of subsequent months and paid out as soon as the accumulated payout amount reaches the respectively relevant threshold. Upon termination of the contractual relationship between the Talent and yoummday, any remaining residual amount is paid out with the final billing, even if it does not reach the aforementioned thresholds.
(9) The payout is made only to a bank account whose holder is the Talent itself, the spouse or the Talent’s own company. Decisive in this respect is the account that the Talent has specified in its Account.
(10) Should payment by the Client not occur, the Talent is itself responsible for collecting its fee claim. As a matter of principle, the Company has no liability for payment by the Client.
(c) Managed Service; Advance Payout
(1) In Managed Service, payment of the remuneration to the Talent is made directly by yoummday without involvement of a Payment Service Provider.
(2) The Talent acknowledges that the remuneration for services rendered in Managed Service can, due to the payment terms of the respective clients of the yoummday group, as a matter of principle only become due for payout 90 days after the 1st day of the month following the performance of the services. Notwithstanding this, yoummday regularly pays out the remuneration to the Talent already once a month on the 18th of the month following the performance of the services. For this advance payout, a discount (Abschlag) in the amount of 2.9% of the remuneration amount payable is charged. The discount is deducted directly upon payout. By accepting a project offer in Managed Service, the Talent declares its consent to the discount under this paragraph for the respective project.
(3) The discount pursuant to paragraph (2) applies to services rendered after the entry into force (Wirksamwerden) of these AGB, including in already ongoing Managed Service projects, as soon as the Talent has accepted these AGB, in particular by booking a new project or a new work type (in particular by agreeing to a new or amended service description). No retroactive charging on services rendered or already invoiced before the entry into force takes place. If the Talent accepts a new project offer or books a new work type, this constitutes consent to the AGB applicable at that time, including the discount; the Talent is expressly advised of this significance during the acceptance or booking process.
3.3 Rights of Use; Talent User Data
3.3.1 Rights in Project-Related Work Results
Insofar as the Talent creates work results eligible for protection under copyright or otherwise in the context of a project, it grants the simple (non-exclusive) rights of use required for contractual use.
In Self-Service, the rights are granted to the Client.
In Managed Service, the rights are granted to yoummday; yoummday is entitled to grant the respective Client the rights required for contractual use. The grant of rights is limited in territory, time and content to the purpose of the respective project, unless otherwise agreed in an individual case.
3.3.2 Publication of Talent User Data on the yoummday marketplace
By registering, the Talent grants yoummday the simple (non-exclusive), non-transferable and non-sublicensable right to publish and use the Content and information provided by the Talent on the yoummday marketplace on the yoummday marketplace, insofar as this is necessary for the presentation of the Talent profile, for initiating contact with Clients, and for the performance and processing of the services offered via the yoummday marketplace. Insofar as personal data are processed in this context, this takes place exclusively within the framework of the applicable data protection provisions. The Talent undertakes to provide only such Content and information in respect of which it holds the necessary rights and which do not infringe the rights of third parties or applicable statutory provisions.
The foregoing rights end, as a matter of principle, upon termination of the contractual relationship between the Talent and yoummday, subject to statutory retention obligations as well as any further storage or use insofar as this is necessary for the processing of existing contractual relationships or for the assertion, exercise or defense of legal claims.
3.3.3 Use of Talent User Data for Special Purposes
Insofar as legally permissible, yoummday is entitled to use Talent User Data provided by the Talent or arising in connection with the use of the yoummday marketplace for purposes of analysis, quality assurance, and for the development, training, evaluation and optimization of its own algorithmic and AI-supported systems. Insofar as personal data are processed in this context, this takes place exclusively within the framework of the applicable data protection provisions.
yoummday is further entitled to create anonymized data sets from Talent User Data and to use these for product development, analysis and commercial purposes or to make them available to third parties, provided that the anonymization is carried out in such a way that a personal reference no longer exists within the meaning of the GDPR (DSGVO).
IV – Access to the yoummday marketplace and its Services
4.1 Access to the yoummday marketplace
Talents are themselves responsible for setting up and ensuring the functionality of the IT and telecommunications means (e.g., computer, smartphone, internet connection) that enable access to the yoummday marketplace. The Talents bear the costs arising from this themselves.
yoummday endeavors to keep the yoummday marketplace available, as a matter of principle, 24 hours a day and 7 days a week. Excepted from this are, in particular, times of maintenance, updating, technical malfunctions, and other circumstances that necessitate a temporary restriction or interruption.
yoummday is entitled to temporarily restrict or suspend the yoummday marketplace or individual services insofar as this is necessary for technical, security-related, operational or legal reasons. Insofar as possible and reasonable, yoummday will give appropriate consideration to the legitimate interests of the Talents and will inform them in advance of material restrictions.
yoummday is further entitled to make changes and improvements to the yoummday marketplace and its services insofar as these are objectively necessary or useful for the maintenance, security, further development or functionality of the yoummday marketplace.
4.2 Access by Users; Prohibition of Use
(1) Access to the yoummday marketplace and its services is reserved exclusively for registered Users.
The yoummday marketplace may not be used by intermediaries, recruiters or their employees or other vicarious agents. Natural or legal persons who do not meet the requirements of Section 2.1 are not entitled to create an Account on the yoummday marketplace or to post or accept offers or perform projects via the yoummday marketplace.
(2) In the event of a breach of the foregoing access and use restrictions, the measures and sanctions under Section V (Integrity, Fraud Prevention and Compliance) apply.
V – Integrity, Fraud Prevention and Compliance
(1) The Talent undertakes to conduct itself with integrity and in compliance with the law on the yoummday marketplace and must refrain from any form of fraud, deception, manipulation or abusive use. The following are, in particular, impermissible:
• the use of incorrect identity or company data (identity deception);
• the use of third-party Accounts (account sharing) as well as the creation or use of multiple Accounts;
• the manipulation of performance, time, quality, rating, availability or billing data;
• violations of data protection requirements;
• the circumvention of the yoummday marketplace, in particular the initiation, agreement or performance outside the marketplace of projects initiated via the marketplace;
• the extraction, reproduction or other exploitation of Content of the yoummday marketplace for the purpose of a competing activity, personnel placement or recruitment;
• other acts aimed at obtaining unjustified advantages.
(2) Where there are concrete indications of a breach of paragraph (1), in particular of fraud, attempted fraud or a data protection violation, the Company is entitled to take all measures necessary to investigate and prevent the matter. This includes, in particular, the examination, documentation and data analysis of the relevant processes and Account activities.
(3) In the event of a breach, the Company is entitled – without prejudice to further contractual or statutory rights – individually or cumulatively:
• to withhold remuneration not yet paid out until the matter has been fully clarified (payout suspension);
• to reclaim payments obtained without justification;
• to temporarily suspend or permanently close the affected Accounts;
• to impose a reasonable contractual penalty (Vertragsstrafe);
• to assert claims for damages insofar as the actually incurred damage exceeds the contractual penalty;
• to file a criminal complaint and involve the competent investigating authorities.
(4) The amount of the contractual penalty is determined in particular by the severity of the breach, the extent of the circumvention or of the advantage obtained, the damage caused, and the Company’s investigation and clarification effort. It is capped, per individual case, at no more than three times the lost fee in the case of circumvention of the yoummday marketplace and otherwise at no more than EUR 10,000. It is set at the Company’s reasonable discretion (billiges Ermessen) and may be reviewed by a court. The assertion of further damage remains unaffected; a forfeited contractual penalty is credited against any claim for damages.
VI – Referral System
Talents have the possibility to recommend other persons such as colleagues, friends or relatives as possible future Talents. The terms of use of the Referral System are available here.
VII – Disputes between Client and Talent
(1) In the event of disagreements between Client and Talent regarding the performance, quality, remuneration or termination of a project, the parties may inform the Company at legal@yoummday.com. The notification should contain the facts of the matter, the objections asserted, and the parties involved.
(2) The Company may support the parties in the out-of-court settlement of their dispute and attempt to bring about an amicable resolution. The parties will cooperate appropriately in this regard.
(3) The Company may terminate its support at any time, in particular if a settlement does not appear achievable. In this case, further clarification of the dispute takes place exclusively between Client and Talent.
(4) Each party bears its own costs in connection with the dispute itself. There is no obligation on the Company to conduct or continue a dispute-resolution procedure.
VIII – Obligations of the Talent
(1) The Talent undertakes to use the yoummday marketplace and the services offered in accordance with the applicable laws and these AGB.
(2) The Talent acknowledges that the Company may take note of the Content published or exchanged on the yoummday marketplace for the purpose of reviewing compliance with these AGB and the applicable laws. The Company is entitled to moderate or remove Content if it violates applicable law or these AGB.
(3) The Talent is obliged to fulfill, on its own responsibility, all statutory, tax, social-security, official and other obligations required for its activity. At the Company’s request, the Talent must submit the necessary evidence thereof without delay.
(4) The Talent is obliged to treat as confidential all information, documents and other knowledge that become known to it in connection with the use of the yoummday marketplace, contact with Clients or the performance of projects, and not to disclose them to third parties. In the event of a culpable breach, the Company is entitled to impose a reasonable contractual penalty; the contractual penalty amounts to no more than EUR 10,000 per individual case. The assertion of further damage remains unaffected; a forfeited contractual penalty is credited against any claim for damages.
IX – Liability
9.1 Liability of the Talent
(1) The Talent is responsible for all consequences resulting from incorrect, incomplete, misleading or non-updated information in connection with its Account or the use of the yoummday marketplace.
(2) The Talent is solely responsible for the Content that it publishes on or transmits via the yoummday marketplace. No prior content review is carried out by the Company.
(3) The Talent is prohibited from publishing unlawful Content or Content that infringes the rights of third parties or is suitable to impair the rights, the reputation or the standing of the Company. This includes, in particular, insulting, defamatory, slanderous, discriminatory, xenophobic or criminal Content.
(4) The Talent is solely responsible for the conclusion and performance of contracts that it concludes with other Users via the yoummday marketplace. The Company merely provides the technical platform. Contracts come into existence exclusively between the Users involved and are performed by them on their own responsibility.
(5) The tools and technical means provided by the Company as well as the Billing Mandate do not release the Talent from its statutory, tax or other public-law obligations. In particular, the Talent remains responsible for the accuracy of the invoices and invoice corrections issued in its name as well as for the fulfillment of its tax reporting and payment obligations.
(6) Unless otherwise provided in these AGB, notifications to the Talent are made via the e-mail address stored in its Account.
9.2 Liability of the Company
(1) The Company is liable without limitation for damage based on intent or gross negligence of the Company, its legal representatives or vicarious agents. The same applies to damage arising from injury to life, body or health as well as in cases of mandatory statutory liability.
(2) In the case of slightly negligent breach of a material contractual obligation (cardinal obligation / Kardinalpflicht), the Company’s liability is limited to the damage typical of the contract and foreseeable. Material contractual obligations are those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the User may regularly rely.
(3) In all other respects, the Company’s liability for damage caused by slight negligence is excluded.
(4) Insofar as legally permissible, the Company is not liable in Self-Service for the initiation, conclusion, content, performance, termination or economic consequences of the service contract between Talent and Client.
(5) In Managed Service, the Company is liable to the Talent exclusively in accordance with the project contract coming into existence between the Company and the Talent as well as these AGB; there is no liability for contractual relationships between Talent and Client, as no such contractual relationship is established.
(6) The Company assumes no warranty for the accuracy, completeness or currency of information, documents or other Content provided by Users. The respective Users are solely responsible for such Content.
(7) The Company endeavors to ensure the availability of the yoummday marketplace as free of disruption as possible. Uninterrupted availability is not owed. In particular, the Company is not liable for temporary restrictions or outages of the marketplace insofar as these are caused by force majeure, technical malfunctions outside the Company’s sphere of influence, necessary maintenance measures or other circumstances for which the Company is not responsible.
(8) The Company is furthermore not liable for lost profit, missed assignments, indirect damage or consequential damage of the Talent, unless mandatory statutory provisions preclude this.
(9) The foregoing limitations of liability also apply for the benefit of the Company’s legal representatives, employees and vicarious agents.
X – Insurance Cover of the Talent
The Talent is itself responsible for insuring the risks associated with its activity. The Company recommends that the Talent take out and maintain, for the duration of its activity, appropriate professional and/or business liability insurance.
The conclusion and maintenance of such insurance cover take place exclusively at the Talent’s own responsibility and expense. The Company does not review the insurance cover and is not liable for damage attributable to a lack of or insufficient insurance cover of the Talent.
XI – Personal Data
11.1 Data Processing in Connection with the Use of the yoummday marketplace
The processing of personal data in connection with the use of the yoummday marketplace as well as other interactions with the Company is governed by the Company’s privacy policy (Datenschutzerklärung) in its respectively valid version (available at www.join.yoummday.com).
The privacy policy contains, in particular, information about the type, scope and purposes of the data processing as well as about the rights to which the data subjects are entitled.
The Company has appointed a data protection officer. Questions regarding data protection may be directed to datenschutz@yoummday.com or to the following address:
Yoummday GmbH
Infanteriestraße 11A
80797 Munich
Germany
11.2 Use of Data for the Development and Improvement of Systems
The Company may process personal data to the extent legally permissible for the development, optimization and improvement of its products, services and technical systems, including data-based and AI-supported systems.
Insofar as possible and economically reasonable, anonymized or pseudonymized data are used for this purpose.
Further information on the categories of data processed, the processing purposes, the respective legal bases and the rights of data subjects can be found in the Company’s privacy policy.
XII – Intellectual Property
12.1 The yoummday marketplace
The yoummday marketplace as well as its components, in particular texts, images, videos, photographs, trademarks, logos, business names, signs, software, databases and domain names, are legally protected and are owned by, or subject to the exclusive or necessary rights of use of, the Company or the respective rights holders.
Insofar as this is not necessary for the contractual use of the yoummday marketplace, the Talent is prohibited, without the prior express consent of the Company, from reproducing, distributing, making publicly accessible, editing or otherwise exploiting the yoummday marketplace or individual components thereof, in whole or in part.
Uses that are mandatorily permitted by law remain unaffected.
12.2 Public Content of the Talent
Insofar as the Talent expressly provides Content as publicly visible on the yoummday marketplace, the Company is entitled to use this Content for the purpose of promoting the yoummday marketplace and the services offered in its own communication channels. Editing of the content takes place only insofar as this is necessary for technical, linguistic or editorial purposes and legitimate interests of the Talent do not preclude it.
In all other respects, Section 3.3.2 applies.
XIII – Hypertext Links
Insofar as the yoummday marketplace contains links to external websites of third parties, this Content is not operated or controlled by the Company. The respective provider is solely responsible for the availability, content and services of such third-party sites.
XIV – Term, Termination and Account Suspension
The usage contract is concluded for an indefinite period as soon as the Talent has accepted the AGB. Both sides are entitled to terminate the usage contract at any time with a notice period of 30 days. The rights and obligations of the parties established up to termination remain unaffected; payment claims already arisen and other obligations arisen up to termination continue to exist.
The Company is entitled to temporarily suspend or close the Account of a Talent insofar as there is an objective reason for this. An objective reason exists in particular in the case of serious or repeated breaches of these AGB, where there are concrete indications of unlawful or abusive use of the yoummday marketplace, for the fulfillment of statutory obligations or official orders, and where this is necessary for reasons of security or integrity of the yoummday marketplace.
In the selection and scope of such measures, the Company will give appropriate consideration to the legitimate interests of the Talent. Insofar as the nature and severity of the breach permit, the Company will inform the Talent in advance or without delay, as appropriate in the individual case, about the measure. Further contractual or statutory rights of the Company, in particular under Section 4.2, Sections V, VIII and IX, remain unaffected.
XV – Final Provisions
(1) Should individual provisions of these AGB be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected.
(2) The non-exercise or delayed exercise of a right by the Company does not constitute a waiver of that right or of other rights of the Company.
(3) The Company is entitled to amend these AGB with effect for the future insofar as there is an objective reason for doing so. An objective reason exists in particular in the case of changes in the legal situation or in the case law of the highest courts, in the case of technical developments or new functions of the yoummday marketplace, as well as in the case of a reasonable adjustment of the range of services or of the fees charged for the use of the yoummday marketplace, insofar as the relationship between performance and consideration is not thereby shifted materially to the detriment of the Talent.
The Company will inform the Talent about the intended changes in text form (Textform) and will separately and in a highlighted form point out changes that have a detrimental effect on the Talent. Between the receipt of the notice of change and the notified entry into force of the changes, there is a period of at least six weeks.
If the Talent does not object to the changes by the expiry of this period and continues to use the yoummday marketplace after the notified effective date, the changes are deemed accepted. The Company will separately point out the significance of its silence in the notice of change.
If the Talent objects in due time, the changes are not deemed accepted vis-à-vis it; the previous terms continue to apply. In this case, both the Talent and the Company are entitled to terminate the usage contract in accordance with Section XIV.
(4) These AGB and all legal relationships between the Company and the Talent are governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(5) Insofar as the Talent is a merchant (Kaufmann), a legal person under public law or a special fund under public law, Munich is the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship. The Company remains entitled to bring an action also at the Talent’s general place of jurisdiction.
Version (Stand): October 1, 2026