General Terms and Conditions for Talents on the yoummday portal

General Terms and Conditions (GTC) for talents on www.yoummday.com from April 1, 2025 at 00:00 (GMT)

The yoummday marketplace at www.yoummday.com is operated by the

Yoummday GmbH

represented by the managing directors

Dr Klaus Harisch, Pablo Harisch, Frank Moser, Claas van Delden and Benjamin Tüzen

Infanteriestrasse 11A, 80797 Munich

Phone: +49 89 231660000

E-Mail: [email protected]

Preliminary remarks

Yoummday GmbH (hereinafter referred to as "yoummday" or "company") operates a website that can be accessed at the internet address www.yoummday.com (hereinafter referred to as "yoummday marketplace") and serves as a platform for the purpose of connecting freelancers ("talent") and clients. Talents are self-employed entrepreneurs who offer and provide their services to companies on the yoummday platform. Talents work from their own offices. The clients are companies that use the yoummday platform to utilise the services offered by the Talents. For this purpose, they are given the opportunity to conclude contracts for various services, in particular in the area of communication services. The contract is concluded when yoummday accepts the declarations of the talent and the client.

yoummday does not become a contractual partner for the services offered, but merely acts as a technical interface between the talent and the client. The talent and the client are solely responsible for the content, description and implementation of the services offered.

yoummday represents the communication interface for the realisation of the talent's service and handles the billing on behalf of and in the name of the talent.

These General Terms and Conditions (hereinafter referred to as "GTC") govern the terms and conditions of use and sale of the yoummday marketplace as well as the rights and obligations of users who are brought into contact with each other via the yoummday marketplace. Any other general terms and conditions deviating from these General Terms and Conditions shall not apply unless expressly stated otherwise by yoummday.

Any access to the yoummday marketplace or use of the yoummday marketplace requires the unconditional acceptance of and compliance with these GTC.

I - Definitions

Billing Mandate: refers to the billing mandate agreed between the Talent and the Company, by which the Talent agrees to entrust the Company with the preparation and issuance of its invoices for projects agreed with a Client via the yoummday Marketplace in compliance with applicable regulations.

Account: refers to the account that the user created when registering on the yoummday marketplace website.

Offer: refers to the service offer created by the talent or a client on the yoummday marketplace.

Client: refers to any legal or natural person who uses the yoummday marketplace for purely business purposes in order to contact or be put in touch with one or more Talents who can subsequently be entrusted with the execution of a project.

Services: refers to all services provided by the company.

Content: refers to all statements, messages or information of any kind (text, images, videos, photographs, comments, brands, business names and designations, etc.) posted online by a user on the yoummday marketplace.

Managed Service: The client of the talent is Yoummday GmbH or a subsidiary.

Users: refers to talent and clients who have registered on the yoummday marketplace.

User data: User data is all content, as well as personal data, provided by Talents on the yoummday marketplace, published or collected for the use of the yoummday marketplace, including language data, texts and other digital information or content.

Project: refers to the specific task that a client entrusts to a talent via the yoummday marketplaTalent: refers either to any natural or legal person who has registered a business and is entered in the relevant commercial register, or to any self-employed person who is self-employed abroad in accordance with the applicable legal provisions and offers their services to clients via the yoummday marketplace.

Company: refers to Yoummday GmbH as the operator of the yoummday marketplace.

yoummday marketplace: refers to the website operated by the company, as well as the software developed by the company for the targeted search for talent, as well as the corresponding contract and project management.

Payment service provider: A payment service provider specialises in the processing of payments on online platforms and enables companies and platforms to process payments between buyers and sellers, manage money securely and meet legal requirements in relation to money laundering and customer authentication. The services of a payment service provider are designed to ensure legal compliance.

II - Registration on the yoummday marketplace

2.1 Conditions for registration on the yoummday marketplace

In order to gain access to the services offered, the Talent must create an account by registering on the yoummday marketplace. When registering, the talent must agree to these General Terms and Conditions for Talents and confirm to that they have taken note of yoummday's privacy policy. Likewise, in order to verify compliance with the requirements based on the General Data Protection Regulation (GDPR), consent must be given to the recording of customer conversations and to the order-related recording of the webcam.

The Talent must be at least 18 years old and have legal capacity to use the yoummday marketplace in accordance with these GTC. The Talent is obliged to provide truthful information and also undertakes to update this information immediately in the event of changes.

Access to the account set up is protected by a user name and password that the talent has chosen themselves when registering on the yoummday marketplace. The talent is solely responsible for any use of his/her user name and password and may not disclose them to third parties or make them available in any other way.

 2.2 Registration conditions for talent

In order to be registered as a talent on the yoummday marketplace and to be visible to other users, the talent must provide complete information and upload a current photo. The talent is also obliged to update their account regularly.

As the yoummday marketplace is a platform, the talent must specify the place where they are registered or have their usual place of residence as the place of invoicing. As the place of work, the talent must specify the place where he/she is staying while working on the project.

As part of the registration process, the onboarding team checks the talent's technical equipment, communication skills, organisational requirements and compliance with data protection regulations. Participation in the registration process is voluntary and can be cancelled at any time.

Registration is complete as soon as the verification by the yoummday onboarding team has been successfully completed. There is no entitlement to registration. yoummday is authorised to reject the offer to register without giving reasons. Legal recourse is excluded in this respect, unless a rejection decision by yoummday violates mandatory applicable law.

Upon receipt of the confirmation email, a contract for the use of the yoummday marketplace at www.yoummday.com is concluded for an indefinite period of time under the terms of these General Terms and Conditions for Talents. The contract begins with the activation of the account.

By registering, the talent authorises the company to pass on data to potential clients.

The company offers the talent the opportunity to receive a newsletter and advertising information at the e-mail address provided. This will only take place with the consent of the talent. This consent can be revoked by the talent at any time with effect for the future. This does not affect the legality of the processing up to the time of cancellation

If the Talent provides false, inaccurate, outdated or incomplete data, the Company is authorised to block or close his/her account and to deny him/her access to all or part of the Services.

Talents based abroad must also fulfil all obligations incumbent on them under the legislation applicable to them in their country of residence and comply with the obligations arising from their use of the yoummday marketplace.

With regard to liberal professions for which the exercise of the Talent's activity is subject to the fulfilment of access criteria or conditions of practice that are the subject of government regulations (regulated professions), the Talent assures (i) to have the right to exercise the profession to which he/she refers and (ii) to have the right to carry out the projects for which he/she has applied on the yoummday marketplace.

 2.3 Billing mandate

The Talent acknowledges and agrees that the creation of an account on the yoummday Marketplace includes the unconditional consent to issue an invoicing mandate to the Company and the necessary authorisation to do so ("Billing Mandate"). Under the Billing Mandate, the Talent (as Principal) authorises the Company (as Agent) to (i) create and issue invoices for projects agreed via the Marketplace and (ii) collect payments for these invoices on its behalf.

The Talent agrees to upload the necessary documents relating to him/her both on the yoummday marketplace and with the payment service provider in order to fulfil his/her obligations to combat illegal employment and the transparency regulations (KYC) to combat tax evasion, money laundering and terrorist financing.

The talent provides the company with all the information required to create invoices.

In the event of a justified request for an invoice correction, the company undertakes to issue a corrected invoice without delay.

The Talent recognises that updating all information on its legal, accounting and tax situation is essential for invoicing and therefore undertakes to inform the Company immediately of any change that could affect invoicing (change of registered office, company form, etc.).

The Company undertakes to comply with all applicable invoicing legislation and in particular to ensure that the invoices issued contain the appropriate accounting and tax information (in particular VAT). However, the Talent remains solely responsible for its accounting and tax obligations when issuing its own invoices.

Should an incorrect invoice nevertheless be issued, the company shall be liable within the scope of the statutory provisions to which the company is subject for direct damages arising from proven fault. Invoicing is part of the services provided by the company.

The Company shall provide the Talent with copies of all invoices issued to the Talent. The Talent must check these invoices immediately, but at the latest within three days of issue, and object to them if necessary.

The billing mandate comes into force upon acceptance of the GTC and is valid as long as the talent's account on the yoummday marketplace exists or until the company cancels the billing mandate.

 2.4 Payment service providers

The Talent recognises that payments may be processed via a payment service provider. In this case, the use of the payment service provider is mandatory for the talent.

The talent agrees to the terms of use of the payment service provider, which can be viewed in the current version on the Yoummday website (Lemonway T&C). The T&Cs of the payment service provider are part of the contract concluded between the talent and Yoummday and apply alongside these T&Cs.

Yoummday accepts no liability for the services of the payment service provider. For all questions and problems that arise in connection with the payment transaction, the talent is obliged to contact the payment service provider directly.

III - Description of the services and functionality 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;
• bringing together talent and clients via the yoummday marketplace to realise projects;
• the collection and provision of all documents that prove the legal status of a talent and, if necessary, ensure that the client can comply with national laws. Should the client be legally obliged to check the legal status of a talent itself, Yoummday will provide the necessary documents. In this case the client is solely responsible for checking the documents;
• the creation and issuing of invoices for the projects carried out by the Talent via the yoummday marketplace as part of the billing mandate;
• Tools for the automatic recommendation of talent profiles.

 3.2 Functionality of the yoummday marketplace

3.2.1 Contacting users via the yoummday marketplace

The client gets in touch with a talent by contacting him (i) directly via the yoummday marketplace or (ii) through the company.

The Talent contacts a Client (i) directly via the yoummday marketplace or (ii) through the Company.

 3.2.2 Offer and conclusion of contract

All service offers on the yoummday marketplace www.yoummday.com merely represent a non-binding invitation to submit offers. After the users have agreed on the scope and conditions of the project, the offers are exchanged via the yoummday marketplace.

To book a service, this must be initiated by clicking on the desired service at https://manage.yoummday.com/addservice.

The company sends the booking data to the talent. The contract is concluded as soon as the talent confirms the contract to the company. The contract between the client and the selected talent is thus concluded on the terms offered.

The company is not liable for the accuracy of the information provided by the talent. The talent is solely liable for this

The company is also not liable for the accuracy of the information provided by the client. The client is solely liable for this.

 3.2.3 Prices, terms of payment and invoicing

The Talent is authorised to set the offer prices for its services itself. In individual cases, the price agreed between the Talent and the Client shall always apply.

In addition, other or additional special payment models can be agreed between the talent and the client. These include, for example, but are not limited to

• Success models (in particular special payments for successful contract conclusions of the talent in favour of the client),
• Event-based models (per processing of tickets/calls, per scheduled hour),
• Target fulfilment models (e.g. depending on the acceptance rate),
• Deviation models (e.g. bonus/penalty payments depending on previously agreed targets) or
• Supplements for work on Sundays and public holidays as well as night work.

The company invoice the client for the services rendered on behalf of and in the name of the talent. In this respect, the company issues an invoice  to the client on behalf of and in the name of the talent and accepts payment from the client. 

When accepting payments via the client's chosen means of payment, the company acts with an authorisation to receive money within the scope of the talent's billing mandate.

The company  the amount of money to the talent that has been utilised through the service. A bank fee, if applicable, is deducted from this, which is incurred when the money is transferred to the specified bank account, as well as a commission for an affiliate partner who has become active, if this has actually become due. If the deduction amounts are not yet precisely determined at the time of forwarding, the deduction will be made for subsequent payments in subsequent months.

The turnover generated is paid out once a month, on the 18th of the following month. If the 18th is not a working day, payment is made on the following working day.

No payment will be  to the talent if the payment amount is less than EUR 5.00 for a SEPA direct debit and less than EUR 50.00 for other transfer procedures (in particular for international transfers). Amounts below this amount will be included in the statement for the following months. However, they will only be paid out once.

Payments will only be made to a bank account held by the talent themselves, their spouse or their own company. In this respect, the account that the talent has specified in their account is decisive. 

The claim to payment of the talent's remuneration is subject to the regular limitation period of three years. In this respect, the statutory limitation provisions pursuant to Sections 194 et seq. of the German Civil Code (BGB) apply.

If no payment is made by the client, the talent itself is responsible for collecting your fee claim. The company is generally not liable.

 3.2.4 Deviating terms of payment for freelancers with the client Yoummday Group

The talent recognises that for projects carried out as part of the managed service the payment of the generated turnover will only be made after a period of 90 days, beginning on the 1st of the month following the provision of the service, due to the payment conditions of the respective client of Yoummday Group.

Contrary to the client's terms of payment, the generated revenues are paid out once a month, in each case on the 18th of the following month of the service provision. As a result, a discount of 2.9% of the revenues to be paid out is incurred. This discount is deducted directly when invoices are issued for projects that were agreed via the marketplace. 

 3.3 Rights of use

3.3.1 Transmitted language work

If the object of the service is a transmitted linguistic work, Talent transfers to the client a simple, non-transferable, non-sublicensable and non-rentable right of use.

 3.3.2 Publication of data on the yoummday marketplace

By registering, the talent grants the company the simple, non-transferable and non-sublicensable right to publish its user data on the yoummday marketplace and to use it for other contractually necessary purposes. The talent is obliged to only collect user data for which it has the necessary rights and which does not infringe the rights of third parties. The talent guarantees that the data provided does not violate any applicable laws.

These rights of use end with the termination of the contract between the talent and the company.

 3.3.3 Use of data for special purposes

By collecting user data on the yoummday marketplace, the Talent grants the Company a non-exclusive, worldwide, perpetual, irrevocable, sub-licensable and transferable licence to use the user data for the following purposes:

a) Training and optimisation of AI models of type 1: reactive machine and type 2: limited memory   

b) Sale of user data in anonymised and pre-labelled form. Insofar as the data offered for resale is personal data, the company undertakes to anonymise the user data in such a way that no conclusions can be drawn about the identity of the talent and it is no longer personal data within the meaning of the GDPR.

IV - Access to the yoummday marketplace and its services

4.1 Access to the yoummday marketplace

The users themselves are responsible for setting up the IT and telecommunications equipment (computer, smartphone, etc.) that enables access to the yoummday marketplace. Any costs incurred for their internet access and for the use of the yoummday marketplace shall be borne solely by the users.

The yoummday marketplace is accessible to all users 24 hours a day, 7 days a week.

The Company reserves the right to temporarily or permanently close or restrict the yoummday marketplace and/or access to one or more of its services without prior notice or compensation in order to make updates, modifications, changes or other measures to the operating infrastructure, servers and access times, without being limited to this.

The Company reserves the right to make any changes and improvements to the yoummday marketplace and its services that it deems necessary or useful for the proper functioning of the yoummday marketplace and its services.

4.2 User access

Access to the yoummday marketplace and its services is reserved exclusively for registered users.

The yoummday marketplace may not be used by intermediaries or recruitment agencies or their employees.  In addition, any natural or legal person who is not a user within the meaning of 2.1. is not authorised to create an account on the yoummday marketplace and to send offers or carry out projects via the yoummday marketplace.

This applies in particular to third parties who have created an account on the yoummday marketplace with the express intention of contacting a user in order to carry out a project outside the yoummday marketplace. In the event of an offence, the company reserves the right:

• permanently close all corresponding accounts;
• require the person concerned, the company employing him or her and any other unauthorised legal entity working on behalf of that person to pay compensation based on the seriousness of the breach, with a minimum of €10,000; and
• to take all other necessary measures provided for by law.

These parties are the only ones responsible for the direct or indirect damage they cause through their behaviour and must bear the consequences of their actions.

V - Evaluation and recommendation system

Talents also have the opportunity to be recommended by other users such as colleagues, friends or former clients with whom they have worked in the past. The terms of use for the referral programme can be found here.

Reviews and recommendations must reflect objective considerations and may under no circumstances contain exaggerated or offensive elements. Should this be the case, the company reserves the right to remove such reviews or recommendations.

VI - Disputes

6.1 Disputes between the Client and the Talent

6.1.1 Reporting the dispute to the company's complaints office.

In the event of a disagreement between the Client and the Talent regarding the quality of the service, the scope, the conditions or the completion of the project, both undertake to inform the Company accordingly. The e-mail address [email protected] must be used for this purpose. The complaint must include the complainant, the exact facts of the case, in particular the alleged shortcomings, deficient services or other grounds for complaint, as well as the person against whom the complaint is directed.

 6.1.2 Mediation attempt

From the time the Client or the Talent engages the Company, the Company will act as a mediator for a maximum period of 45 days (hereinafter referred to as the "Mediation Period") and attempt to reach an amicable agreement between the Talent and the Client to resolve their disputes.

The company's cooperation with experienced conflict experts and mediators from the German E-Commerce and Mail Order Association bevh e.V. ("bevh") offers the opportunity to settle disputes satisfactorily without having to resort to court proceedings, which can be lengthy and costly.

The bevh mediators come from a business background, have extensive experience with conflicts between companies and are certified in accordance with the requirements of the German Mediation Act. The bevh neither influences the mediation nor is it informed about the outcome of the process.

During the mediation period, the Client and Talent undertake to use their best endeavours to discuss their disputes and find an amicable solution.

6.1.3 End of the placement period

The company shall end the mediation period as soon as the client and the talent have found an amicable solution to their dispute.

If the client and the talent have not succeeded in finding an amicable solution to their dispute by the end of the mediation period, the company will terminate the mediation and will no longer be responsible for the dispute. Further dispute resolution is then the sole responsibility of the client and the talent.

6.1.4 Costs for mediation

The company is authorised to invoice the parties for the complaint management costs according to the usual rates. If the company requires the support of a third party to process the complaint, the losing party is also obliged to reimburse yoummday for the corresponding costs.

VII - Obligations

The Talent undertakes to access the services of the yoummday marketplace in accordance with the applicable laws and these GTC and to use them accordingly.

In this context, the Talent recognises that the Company may take note of all content published or exchanged on the yoummday marketplace for the sole purpose of verifying compliance with these GTC and applicable laws.

Likewise, the Talent recognises that the Company may intervene to moderate the published content if it violates the applicable laws and regulations as well as the obligations of users under these GTC.

The Talent undertakes to make all declarations and comply with all formalities required for its activity and to fulfil all legal, social security, administrative and tax obligations, as well as any specific obligations that may be incumbent on it in application of the laws applicable to it in the context of its activity and use of the Services.

In the event of a request, the Talent undertakes to immediately provide the Company with all evidence that he fulfils the conditions set out in this article.

The Talent is solely responsible for the proper fulfilment of the aforementioned provisions incumbent upon it. The company accepts no liability in this respect.

The Talent undertakes to use the yoummday Marketplace in a fair manner and not to circumvent the provisions of the yoummday Marketplace and its services. In this context, the talent undertakes in particular not to agree any projects initiated via the yoummday marketplace outside the yoummday marketplace.

Should users who have been connected via the yoummday marketplace conclude a project outside of the yoummday marketplace, each user involved in the infringement is obliged to pay a contractual penalty to yoummday as compensation.  In the event of an offence, the company may demand an appropriate contractual penalty based on the amount of the lost brokerage fee. Likewise, every user is prohibited from extracting content from the yoummday marketplace for a similar or competing activity or for recruitment purposes.

The Talent undertakes to treat as strictly confidential all conversations that he has had with clients, as well as all information that has been transmitted to him or of which he has become aware during a contact via the yoummday marketplace (with or without a project) or has received during a project activity. In particular, users are prohibited from sharing any exchange, information or extracts from conversations with third parties, either privately or via social media. Should a user violate this regulation, a contractual penalty will be due as compensation at the reasonable discretion of yoummday

The Talent undertakes to offer and execute his services and projects on the yoummday marketplace only in his own name. He is therefore prohibited from  his project in whole or in part to third parties. If the talent does not operate as a sole trader but through another legal form, only the services provided personally by the managing director, the chairman or the partner can be invoiced. The talent also undertakes to create a corresponding profile on the yoummday marketplace and to personally carry out the projects accepted by him.

VIII - Liability

8.1 Liability of the user

The user is solely responsible for any direct or indirect damage caused by incorrect, incomplete or misleading information provided at the time of registration or which has not been updated, and is solely responsible for the consequences of any resulting damage.

He agrees that any notification in accordance with these GTC may be sent to him via the e-mail address he provided when creating his account on the yoummday marketplace or which he has updated accordingly.

The user is solely responsible for all content that he places online on the yoummday marketplace, as the company does not check the content before it is uploaded.

The user is expressly prohibited from publishing content that is offensive, defamatory, libellous, racist, xenophobic, contrary to morality and good manners, patent infringing, contrary to public order or the rights of third parties, that could damage the rights, reputation and image of the company or, in general, content that violates the law, in particular criminal law.

The user is solely responsible for the conclusion and fulfilment of contracts in connection with a project that he concludes with another user via the yoummday marketplace, whereby the company only acts as an intermediary between the users. The conclusion and fulfilment of these contracts, which concluded directly between a talent and a client, take place on the initiative and under the sole responsibility of both parties.

The Talent recognises that the tools and technical means provided by the Company do not release him from his responsibility for the legal obligations incumbent upon him. In particular, he acknowledges that he retains full responsibility for his legal and tax obligations in relation to invoicing under the original original or corrected invoices issued in his name and on his behalf by the Company, in particular with regard to his reporting and payment obligations in relation to VAT and in accordance with the billing mandate.

 8.2 Liability of the company

The company uses all means at its disposal to ensure access and proper operation of the yoummday marketplace and its services 24 hours a day, 7 days a week.

However, given the limitations associated with the Internet, the Company cannot rule out the possibility that access to and operation of the yoummday marketplace and the associated services may be interrupted, in particular in the event of force majeure, malfunction of the User's equipment, disruption of the User's Internet access and maintenance work to improve the yoummday marketplace and the services.

Consequently, the Company cannot be held liable for any voluntary or involuntary interruption of the Services, unless otherwise provided by mandatory applicable national law. However, the Company undertakes to make every effort to minimise interruptions attributable to it.

The company provides the talent and the clients with tools and technical means that enable them to contact each other via the yoummday marketplace for the purpose of concluding a contract. The responsibility of the company is limited to the provision of these means as described in the GTC.

In particular, the company accepts no responsibility for the frequency with which profiles of Talents are displayed on the yoummday marketplace.

The Company and the User are independent parties, each acting in its own name and for its own account.

Under no circumstances can the company be regarded as the employer of a talent, as the contract is concluded exclusively between the talent and the client.

By virtue of this conclusion of contracts for projects between Talent and Client, Users are solely responsible for any difficulties, complaints and disputes that may arise during the conclusion and/or fulfilment of the contracts concluded. Consequently, each User releases the Company from any responsibility for the direct or indirect consequences arising directly or indirectly from the establishment of contact and the conclusion and/or execution of such a contract between a Talent and a Client.

In this sense, the company is also not liable for the cancellation of services by users or for the consequences that may result from this.

The Company endeavours to the best of its ability to use the means within its control to ensure the accuracy and validity of the information and documents transmitted by Talents on the yoummday Marketplace, provided that they are located in a country in which yoummday is represented by a legal entity. However, under no circumstances can the Company be held liable for any breach of the obligations incumbent on Talents, in particular in the context of the fight against undeclared work and compliance with transparency regulations, nor for any damage that may result.

Thus, the company cannot be held liable for incorrect, misleading or outdated information provided to it by a talent.

The company also reserves the right not to send a user the messages of another user if these violate the GTC.

IX - Public liability insurance for talent

For the projects carried out on the yoummday marketplace, it makes sense for the talent to take out public liability insurance. The Talent declares that he/she has taken full note of this recommendation to take out public liability insurance by accepting these GTC. The Company cannot be held liable for any damage resulting from the fact that the Talent has not taken out public liability insurance. The Talent recognises that they are free to take out professional indemnity insurance in their own name and for their own account.

X - Personal data

10.1 Data processing in connection with the use of the yoummday marketplace

The manner of data processing in connection with the use of the yoummday marketplace and any other interaction with the company is explained in the privacy policy, which is available here. This Privacy Policy also explains the rights of access, rectification, erasure, portability and restriction of data subjects affected by the processing of personal data carried out by the Company. The company has appointed a data protection officer who is available to answer any user's questions about the protection of personal data at Yoummday by e-mail to [email protected] and by post to the following address: Yoummday GmbH, Infanteriestraße 11a, 80797 Munich, Germany.

10.2 Use of personal data for AI training purposes

The company has a legitimate interest pursuant to Art. 6 para. 1 lit.f GDPR to use personal data of Talents in order to train and improve its own AI systems. This data processing is always carried out in compliance with the applicable data protection laws, the principles of data minimisation and strict purpose limitation. The use of personal data is anonymised wherever possible in order to protect the identity of the Talents.

Talents have the right to obtain information about the personal data stored about them at any time and to request the correction or deletion of this data. They can object to the processing of their data for training purposes at any time, provided there are no overriding interests of the company or statutory retention obligations to the contrary.

XI - Cookies

For the smooth functioning of the yoummday marketplace and the services, cookies may be stored on the Talent's end device if the Talent logs into the yoummday marketplace and consents to this. Cookies are small text files that are stored in the browser or end device by digital marketplaces, applications, online media and advertisers.

The company has a cookie policy which is available here (must be inserted). It explains the different categories of cookies used by Yoummday and the reasons for their use. This policy also explains how to set your cookie preferences.

XII - Intellectual property

12.1 The yoummday marketplace

The yoummday Marketplace and all of its components, including but not limited to text, images, videos, photographs, trademarks, logos, business names and designations, and domain names are the exclusive property of the Company or its affiliates.

These elements are protected by intellectual property laws and other laws, in particular copyright laws.

Any reproduction or representation, in whole or in part, of the yoummday Marketplace or any of its components without the express authorisation of the Company is prohibited and constitutes an infringement punishable by applicable law.

12.2 Contents

Every talent who publishes content on the yoummday marketplace remains the sole owner of all content that they publish.

By creating a profile or leaving recommendations on the profiles, the Talent expressly authorises the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and publish this public content on the yoummday marketplace, on social networks, the blogs operated by the latter and/or on all other media (in particular physical and digital media, press kits, commercial media, promotional and/or advertising material), by any means, for the purpose of using, improving, promoting, marketing, advertising the services and the yoummday marketplace or for the purpose of establishing partnerships. This authorisation is valid worldwide and for the entire duration of the talent's registration.

The Talent acknowledges that any use of his/her content by the Company that occurred prior to his/her deregistration, deletion or cancellation of his/her account cannot be contested.

XIII - Hypertext links

The yoummday marketplace may contain links to the sites of partners of the company or to third-party sites. The Company has no control over these websites and therefore accepts no responsibility for the availability of these websites, their content and the products and/or services offered on or from these websites.

The company is in no way liable for any direct or indirect damage caused when a user accesses the website of the partner or third party and uses the content, products and/or services of this third-party website.

XIV - Duration, cancellation and sanctions

This contract is concluded for an indefinite period as soon as the Talent has accepted the GTC. Both parties are entitled to terminate the contract of use at any time with a notice period of 30 days. All mutual rights and obligations shall continue to exist until cancellation. Payment obligations already entered into shall continue to exist even after cancellation.

Any use of the yoummday marketplace and the services that contravenes the GTC or the applicable laws and regulations entitles the Company to block the Talent's account without prior notice or to deny the Talent access to all or part of the yoummday marketplace in the future, without prejudice to any claims for damages that the Company may assert.

The Company may also close the suspended Talent's account by operation of law five (5) days after notifying the Talent of the matter by email, without any compensation whatsoever.

Such measures may be taken in the following cases in particular:

• Providing false information by the talent (documents, location, professional experience, etc.);
• Offensive remarks towards a user or an employee of the company;
• Unfair use and/or circumvention of the yoummday marketplace, including the conclusion of a contract for a project outside the yoummday marketplace;
• Subcontracting of projects entrusted to a talent;

Similarly, the Company is authorised to delay the visibility of content provided and managed on a server in search engine results and to suspend or close the Talent's account if the Talent is the subject of repeated disputes or client reports that have been forwarded to the Company.

The closure of the Talent's account by the Company shall terminate by operation of law the commitment to these GTC.

XV - Customer service

If you have any questions or require information about the yoummday marketplace and the services, the talent can contact the company via "Contact" on the website.

XVI - Nullity - Waiver

If any of the clauses of this contract should be declared null and void by a change in legislation, a regulation or a court decision, this shall in no way affect the validity of and compliance with these GTC.

Failure by the Company to exercise its rights under these provisions shall not constitute a waiver of such rights.

XVII - Amendment of the General Terms and Conditions

The company reserves the right to amend these GTC in whole or in part at any time and at its own discretion.

Talents who continue to use the yoummday marketplace after these changes are assumed to be in agreement with these changes.

If the changes made by the Company are material, the Company will inform the Talent by reasonable means, such as by posting a notice of such changes on the yoummday Marketplace or by sending an informative email to the Talent.

XVIII- Applicable law and competent jurisdiction

The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the company and the Talent.

If the Talent is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Munich is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. However, the company is also entitled to file suit at the Talent's registered office.

Status: 1. April 2025

General Terms and Conditions for Talents on the portal until March 31, 2025 at 23:59 (GMT)

§ 1 - Operator

The online platform www.yoummday.com is operated by the

Yoummday GmbH

represented by the managing directors

Dr Klaus Harisch, Pablo Harisch, Frank Moser and Claas van Delden, Benjamin Tüzen

Infanteriestrasse 11A, 80797 Munich

Phone: +49 89 231660000

E-mail: [email protected]

- hereinafter referred to as "yoummday".

§ 2 - Scope of these General Terms and Conditions

(1) The use of the portal www.yoummday.com including all services of yoummday is exclusively subject to the following General Terms and Conditions. Any other General Terms and Conditions that deviate from these General Terms and Conditions shall not apply, unless expressly stated otherwise by yoummday.

(2) yoummday is entitled to develop or change these Terms and Conditions at any time and without justification for the future. yoummday will notify all registered users of the amended Terms of Service by email at least 15 days in advance, unless yoummday is under a special legal obligation or needs to address unforeseen and imminent cybersecurity risks. In the event that a user does not object to the new terms of use within two weeks of receipt of the notice, the new terms of use shall be deemed agreed. In the event of an objection, the previous terms of use shall continue to be deemed agreed. In this case, yoummday is entitled to terminate the contract with a notice period of two weeks without further justification. In case of termination, access to the account of the registered user will be blocked.

§ 3 - Performance specification

(1) yoummday provides the technical platform for operating a marketplace on which registered providers of services (hereinafter referred to as "talents") and clients (hereinafter referred to as "customers") are given the opportunity to conclude contracts for various services, in particular from the area of communication services via telecommunications equipment. In this respect, the talents can present and advertise their service offers on the web platform www.yoummday.com after prior registration. The conclusion of the contract is then effected by yoummday's acceptance of the declarations of the talents and the customers.

(2) yoummday does not become a contractual partner of the services offered, but merely acts as a technical interface between talent and customer. The respective talent is exclusively responsible for the content, description and implementation of the service offers.

(3) yoummday provides the communication interface for the performance of the Talent's service and handles the billing on behalf and in the name of the Talent. For this service, yoummday receives a commission from the customer.

(4) yoummday accepts bookings on behalf and in the name of the talent and ensures the proper processing of the service. yoummday also takes over possible reversals of contracts and the entire complaint management.

§ 4 - Registration/Conclusion of Contract

(1) In order to offer services, your registration on the portal www.yoummday.com is necessary.

The registration process begins when you register on the portal www.yoummday.com by clicking on the registration button and providing your name, e-mail address and a password. When registering, it is mandatory that you agree to these General Terms and Conditions for Talents and yoummday's Privacy Policy. Likewise, in order to verify compliance with the General Data Protection Regulation (DSGVO), you must expressly give your consent to the recording of your telephone conversations conducted via the yoummday platform and to the order-related recording of your webcam. You hereby submit an offer to conclude a contract for the use of the portal www.yoummday.com under the terms and conditions of these General Terms and Conditions.

As part of the registration process, yoummday's onboarding team will check whether you meet yoummday's requirements. In this respect, the conclusion of a data protection contract between you and yoummday is necessary first. Subsequently, the onboarding team of yoummday checks your technical equipment, your communication skills, your organisational requirements as well as the assurance of compliance with data protection regulations.

Your participation in the registration process is voluntary and you can cancel it at any time. However, when registering, you are obliged to provide the requested data correctly, in particular complete address data and e-mail address.

You are liable for the accuracy of the information provided during registration and for its completeness. If yoummday discovers or suspects that the information provided is incorrect or incomplete, yoummday is entitled to delete the account in question without prior notice and without setting a grace period and to terminate any existing contracts without notice.

The registration is completed as soon as the verification by yoummday's onboarding team has been successfully carried out. You will then receive a corresponding confirmation from yoummday by e-mail.

You have no right to register. yoummday is entitled to refuse the offer of registration without giving reasons. Legal recourse is excluded in this respect, unless a rejection decision by yoummday violates mandatory applicable law.

(2) Upon receipt of the confirmation e-mail, a contract of use for the use of the portal www.yoummday.com is concluded for an indefinite period of time under the conditions of these General Terms and Conditions. The contract begins with the activation of your account.

You are then entitled to use the portal www.yoummday.com to advertise and perform your services with the clients. However, you are obliged to use the portal exclusively for yourself to offer your services. Passing on registration data for the use of the portal by third parties is prohibited.

Using your name or e-mail address and the password you have chosen yourself, you can log in to the portal at any time via the "My Profile" button. In the "My Account" section, you will then have access to your personal or other data that you provide to yoummday or that is generated in the course of using these services.

If the data you have provided changes, you are obliged to make the change in the portal without delay. You warrant that all details provided by you, in particular address, payment details and email address, are always up-to-date and correct.

(3) Both parties are entitled to terminate the user contract at any time with a notice period of 30 days. All mutual rights and obligations shall continue to exist until termination. Payment obligations already entered into shall continue to exist after termination. Any contracts entered into for the provision of services with end customers shall continue to exist.

A right to termination without notice on the part of yoummday exists in particular in the cases of the entry of incomplete or incorrect data for registration and/or in the case of default of payment and/or in the case of other breaches of duty on the part of the Talent within the framework of the use of the portal.

You have the right to terminate the User Agreement without notice if yoummday restricts, suspends or terminates its services. yoummday will give you at least 15 days' notice and provide detailed reasons for such action.

Notice of termination may be given by e-mail, fax and in writing.

(4) You are liable for all services carried out via your registration account in accordance with these and the General Terms and Conditions for Customers. If you use employees, you are fully liable for their activities.

(5) By registering, you authorise yoummday to pass on your data to the selected customer. yoummday is also entitled to send you newsletters and advertising information, provided that you have expressly consented to this during registration.

§ 5 - Offers and conclusion of contract

(1) If you post offers of services on the portal www.yoummday.com, this is in principle only an invitation to the customers of yoummday to submit offers.

As soon as the customer has gone through the entire booking process and triggered the booking with costs, you grant yoummday the authority to confirm the contract on your behalf and in your name. The contract between you and the customer is concluded as soon as yoummday has sent the contract confirmation to the customer by e-mail.

yoummday is not liable for the correctness of the information provided by you as the provider. You are solely liable for this. yoummday carries out a plausibility check as part of the hosting of the service offer, but liability for this only exists in the case of gross negligence and intent.

(2) You have the option of using your own General Terms and Conditions within the framework of the conclusion of the contract. In this case, you are obliged to ensure that your general terms and conditions comply with consumer law and are not anti-competitive.

In the event of a breach of this obligation and in the event that a claim is made against yoummday by a third party for the breach, you will indemnify yoummday against all third party claims.

§ 6 - Right of withdrawal

(1) yoummday will accept a revocation on your behalf and in your name and take over the entire revocation management. As a supplier, you undertake to fully support yoummday in all necessary measures.

(2) Insofar as service fee repayment claims exist against the customer, you are obliged to repay these to yoummday. yoummday will refund these to the customer.

(3) In the event that additional expenses are incurred due to the breach of your duty to cooperate, yoummday is entitled to charge you for the corresponding additional costs according to the usual hourly rates.

§ 7 - Prices and terms of payment

(1) As a talent, you are entitled to set the offer prices for your service yourself. In individual cases, the price agreed between you and the client always applies.

In this respect, you can agree on a price with the customer that depends on the time you actually spend on the phone on behalf of the customer. In this respect, each minute that has elapsed is decisive.

You can also agree other or additional special payment models with the customer. These include, for example:

• Success models (in particular special payments for successful contract conclusions of the talent for the benefit of the client),
• Success models (in particular special payments for successful contract conclusions of the talent for the benefit of the client),
• Supplements for work on Sundays and public holidays as well as night work.

(2) yoummday generally receives a fee of 29% plus statutory VAT on all net fees (excluding VAT) that the customer grants you for your services for providing its technical infrastructure and for brokering the conclusion of the contract. This fee is to be paid by the client directly to yoummday in addition to your fee, this means that 100% of your fee will be paid to you.

(3) yoummday will invoice the customer for the services provided by you on your behalf and in your name. In this respect, yoummday invoices the customer on your behalf and in your name and accepts the customer's payment in trust for you.

(4) yoummday acts on your authority to receive money when accepting payments via the customer's chosen means of payment.

(5) yoummday will forward to you the amounts of money that have been used through the service. If applicable, a bank fee will be deducted from this, which is incurred when the money is transferred to the bank account specified by you, as well as a brokerage commission for an affiliate partner who has become active, insofar as these have actually become due. If the deduction amounts are not yet precisely determined at the time of forwarding, the deduction will be made in subsequent payments in subsequent months.

(6) The invoices to the customers are issued on every third working day of a month for the previous month. The payment of the turnover generated via yoummday takes place once a month, namely on the 18th of the following month. If the 18th is not a working day, the payment will be made on the following working day.

(7) No payment shall be made if the amount paid out is less than 5 EURO for a SEPA direct debit and less than 50 EURO for other transfer procedures (in particular for foreign transfers). Amounts below this will be included in the settlement of the following months. However, they will only be paid out once.

(8) Payment will only be made to a bank account held by you, your spouse or your own company. In this respect, the account that you have specified on your personal yoummday account is decisive.

(9) The claim for payment of your remuneration is subject to the regular limitation period of three years. In this respect, the statutory limitation provisions pursuant to §§ 194 et seq. of the German Civil Code (BGB) shall apply.

(10) There is also no entitlement on your part to provide services for the funds held in trust.

(11) If the customer does not make a payment, you are responsible for the collection of your fee claim. There is no liability on the part of yoummday. Should a claim be made against you for any other reason for repayment of service fees received, you alone have the right of recourse. Any recourse claims against yoummday are excluded.

§ 8 - Liability for material defects and defects of title Talent and customer

(1) yoummday is not a contractual partner of contracts concluded between talents and customers and is therefore not liable for material and legal defects of the booked service.

You as the booked talent are solely responsible for this.

However, you warrant that your performance is free from defects in accordance with general standards of the service offered and the contractual specifications. The statutory warranty period shall apply.

You as the provider guarantee the fulfilment of all legal requirements, in particular the telecommunications law, the Federal Data Protection Act, the Basic Data Protection Regulation, the tax law requirements, in particular the proper payment of VAT.

(2) If the customer is an entrepreneur, his warranty claims may be limited to rectification of defects or replacement delivery at your discretion. We have excluded further claims for damages; this applies in particular to consequential damage.

(3) If two attempts at subsequent performance are unsuccessful, the subsequent performance shall be deemed to have failed. The customer shall then be entitled to the rights provided by law for this case.

(4) You as the provider are exclusively responsible and passively entitled for any warranty claims, claims for damages, claims for repayment of the fee paid with regard to the booked service. Any claims of the customer are to be directed against you as the provider.

§ 9 - Liability for defects of quality and title yoummday and talent

In the relationship between yoummday and you as the supplier, the following warranty provisions apply:

(1) yoummday ensures a proper functioning of the portal according to the state of the art.

yoummday cannot exclude the possibility of partial failures of the portal due to technical reasons. An unrestricted use of the portal without downtimes can therefore not be guaranteed.

If defects occur in this respect, you only have the right to subsequent performance. Any claim for compensation for consequential damages is excluded. In particular, yoummday is not liable for lost profits and other financial losses that you may have incurred.

(2) Apart from that, yoummday is only liable to you for damages resulting from injury to health, life or body in case of intent, gross and slight negligence of its legal representatives and/or its vicarious agents, for all other damages resulting from contractual or non-contractual breaches of duty only in case of gross negligence and intent of our legal representatives and/or vicarious agents. yoummday is not liable for tort claims in case of careful selection of its vicarious agents. Any liability for loss of profit is excluded.

(3) Exclusions of liability under these General Terms and Conditions do not apply to claims under the Product Liability Act.

(4) yoummday is only liable for loss of data in the event that yoummday has grossly negligently or intentionally omitted reasonable, regular and technically customary data backup measures.

(5) Any limitation of liability shall not apply if express warranties have been assumed.

(6) Should liability claims exist against yoummday according to the above regulations, these are limited in amount to the business liability insurance existing with yoummday. These expire one year after completion of the service.

(7) The prerequisite for all warranty claims is that you, as the provider, provide all reasonable cooperation in the elimination of the defect, in particular that you report the defect in a comprehensible form immediately after it is detected. If you report a defect that is not a defect or for which you are responsible, you shall be liable for the costs incurred, provided that you have acted negligently.

§ 10 - Rights of use

(1) If the subject matter of the service is a transmitted linguistic work or other intangible legal asset, you as the provider shall transfer to the customer only a simple, non-transferable, non-sublicensable and non-rentable right of use.

(2) By registering and submitting your information about your service, you grant yoummday the non-exclusive, non-transferable and non-sublicensable right to publish your data on the portal and to use it for other contractually necessary purposes. This does not include the right of yoummday to market your data, goods or services outside the Portal.

(3) These rights of use end with the termination of the contract between yoummday and you.

§ 11 - Offsetting

(1) You are only entitled to a right of set-off if the counterclaims are legally established, undisputed or acknowledged.

(2) Rights of retention only exist if the claim and counterclaim are based on the same contractual relationship. If you are in default with a payment obligation towards us, regardless of the legal grounds, all existing claims shall become due immediately.

§ 12 - Third Party Rights / Confidentiality

(1) As a provider, you are responsible for ensuring that your offers do not infringe the rights of third parties. In case of infringement, you are liable to the customer and possibly to yoummday for any damages incurred, in particular consequential damages.

In the event that any third party asserts a claim against yoummday, you shall indemnify yoummday against all third party claims.

(2) All data and information exchanged between you and yoummday, even if not expressly designated as such, shall be considered strictly confidential and may only be used within the scope of the contract to achieve the purpose of the contract.

The confidential information shall be kept strictly secret and shall not be disclosed to third parties. The confidential information may only be used insofar as this is urgently required for the purpose of the contract.

The contracting parties are prohibited from any use and exploitation of the information, data and documents that does not correspond to the purpose of the business relationship.

All confidential information may not be published, used commercially or exploited in any other way.

§ 13 - Complaint management

(1) yoummday provides its registered users with an internal complaints management system to enable fast and effective dispute resolution. Within this framework, any registered user is entitled to raise complaints about non-compliance with legal obligations, technical problems and actions or behaviour of talents, customers or yoummday.

(2) Any complaint must be sent by e-mail to yoummday. For this purpose, the e-mail address [email protected] must be used. The complaint must contain the complainant, the exact facts of the case, in particular the alleged inadequacies, defective services or other grounds for complaint, as well as the person against whom the complaint is directed.

(3) If the complaint is against another user, yoummday will immediately forward this complaint to the other party. The other party will then have the opportunity to respond to the complaint to yoummday within 7 days. yoummday will then decide on the complaint in good faith as soon as possible in the normal course of business. The decision will then be clearly and understandably justified by yoummday and communicated to both parties.

(4) If the complaint is directed against yoummday, yoummday will respond to the complaint within 7 days at the latest. If yoummday considers the complaint to be justified, it is obliged to cease the conduct challenged by the complaint and to remedy its consequences.

(5) If a party does not agree with a decision, he or she can also turn to a mediator for a quick and effective dispute resolution. Through our cooperation with experienced conflict experts and mediators from the Bundesverband E-Commerce und Versandhandel bevh e.V. (German E-Commerce and Distance Selling Trade Association), we offer the possibility of settling disputes satisfactorily without having to initiate court proceedings, which can be lengthy and costly.

The bevh mediators come from a business environment, have extensive experience with conflicts between companies and are certified in accordance with the requirements of the Mediation Act. The bevh neither influences the mediation nor is it informed about the outcome of the proceedings. You can find the mediation rules here.

Further information on the mediation process, the costs and the bevh mediators can be found here.

(6) yoummday is entitled to charge the complaint management expenses to the losing party according to the usual rates. If yoummday requires the assistance of third parties for the handling of the complaint, the losing party is also obliged to reimburse yoummday for the corresponding costs.

§ 14 - Applicable law, place of jurisdiction, partial invalidity

(1) These Terms and Conditions and the entire legal relationship between yoummday and you shall be governed by the laws of the Federal Republic of Germany.

(2) Insofar as the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. yoummday shall, however, also be entitled to file suit at the Talent's registered office.

(3) Should any provision of these Terms and Conditions or any provision within the scope of other agreements be or become invalid or incomplete, this shall not affect the validity of all other provisions or agreements.

Status: 1. October 2022