Terms of Use

2.1 Scope

These Terms of Use govern the use of the "frelani" platform, including the website, mobile applications, user accounts, search and matching functions, profiles, project listings, application features, communication features, and supplementary content and services.

Provider:
Frelani GmbH i.G.
Marcus Granzow
Borstelmannsweg 38
20537 Hamburg, Germany
Email: [email protected]

Deviating terms from users shall only apply if frelani has expressly agreed to them in text form.

2.2 Exclusively for Business Users

frelani is exclusively directed at:

1. Entrepreneurs within the meaning of § 14 BGB (German Civil Code),
2. legal entities under private or public law,
3. partnerships,
4. natural persons who use the platform for the purpose of commencing, exercising, or initiating a self-employed professional activity.

Use for private consumer purposes is excluded.

By registering and using the platform, the user warrants that they act in the capacity described above. frelani is entitled to request appropriate proof and to restrict access until clarification.

2.3 Service Description

frelani provides — depending on the booked plan and technical configuration — in particular the following features:

• Creating and managing company, recruiter, and freelancer profiles,
• Publishing and managing project listings,
• Search, filter, sorting, and matching functions,
• Application and contact features,
• Platform-internal communication,
• Technically assisted pre-filling, structuring, or categorisation of data,
• Editorial content, blog and news sections,
• Paid add-on features, visibility, or reach options where applicable.

frelani does not owe any particular commercial success, minimum number of applications, matches, enquiries or placements, or any particular reach, unless expressly agreed otherwise.

2.4 Role of frelani

frelani provides the technical infrastructure for initiating contacts and managing platform interactions.

Contracts for freelance services, consulting, project work, or other services are concluded exclusively between the respective users. Unless expressly agreed otherwise, frelani acts neither as employer nor as a temporary employment agency nor as a contractual partner in project execution.

frelani does not comprehensively verify content, profiles, references, project details, reviews, or qualifications for factual accuracy, completeness, or legal permissibility.

2.5 Registration and User Account

The use of certain features requires registration.

Users are obliged to provide only truthful, complete, and up-to-date information at registration and throughout the period of use. As a rule, only one account per user is permitted, unless frelani expressly consents to multiple accounts.

Login credentials must be kept confidential. The user is liable for activities conducted via their account insofar as they are responsible for any misuse.

frelani is entitled to reject, verify, or make registrations conditional upon further evidence.

2.6 Verification and Plausibility Checks

frelani may carry out verification and plausibility checks for the purposes of fraud prevention, quality assurance, platform integrity, and compliance with legal obligations, including:

• Email verification,
• Company verification,
• Proof of professional activity,
• Plausibility and duplicate-account checks,
• Technical or organisational anti-fraud measures.

There is no entitlement to successful verification.

2.7 User Content

Users may post content on frelani, including:

• Company information,
• Logos, trademarks, and images,
• Project listings,
• Freelancer profiles,
• CVs, skills, references, certificates,
• Applications, messages, and other communications.

The respective user is solely responsible for all posted content. The user warrants in particular that:

• the content is truthful, factual, and not misleading,
• no third-party rights are infringed,
• no unlawful, discriminatory, defamatory, anti-competitive, or deceptive content is posted,
• only personal data for which there is a valid legal basis for use and publication is disclosed.

2.8 Licence to Content

The user retains the rights to their content. By posting content, however, the user grants frelani a simple, geographically unrestricted right, limited to the duration of use, to store, technically process, reproduce, prepare, index, analyse internally, and make such content publicly available within the platform, insofar as this is necessary for the operation, discoverability, presentation, and promotion of the platform.

This includes in particular:

• Display on profile and project pages,
• Search result presentations,
• Snippets, thumbnails, and technical reformatting,
• Internal search and matching processes,
• Search engine accessibility, insofar as content is publicly released,
• Technical evaluation for structuring and improving usability.

2.9 Public Visibility and Search Engine Indexing

Insofar as content is marked as publicly visible or the user selects public release, such content may be displayed on publicly accessible pages of the platform and indexed by search engines.

This may apply in particular to project listings, company profiles, and explicitly released profile components. Non-public content, internal messages, and application documents are not affected.

2.10 Automated Assistance, Pre-filling, and Matching

frelani may provide technical features that extract, structure, categorise, tag, summarise, or transfer data from uploaded documents or inputs into form fields.

frelani may also use matching, search, or ranking functions to suggest relevant projects for freelancer profiles, suitable freelancers for recruiters, and to prioritise content with higher relevance.

Such features serve solely as assistance. The user remains obliged to review content before publication or use.

frelani does not warrant that technically generated suggestions or assignments are complete, error-free, commercially suitable, or legally accurate.

2.11 Notes on Ranking, Sorting, and Matching Logic

Insofar as frelani sorts, recommends, or prioritises content automatically, the following main parameters may be taken into account:

• Search query and applied filters,
• Professional match of skills, roles, industries, or seniority,
• Location relevance, remote options, and availability,
• Completeness and recency of profiles or project listings,
• Interaction and quality indicators,
• Recency of content,
• Contractually booked visibility or add-on options, where permissible.

The weighting of these parameters may change where necessary to improve relevance, quality, abuse prevention, user-friendliness, or platform functionality.

There is no entitlement to a particular placement, reach, or visibility.

Where users are given options to influence search or sorting results, these are explained in the respective interface.

2.12 Permitted Use / Prohibited Actions

The following are prohibited in particular:

• False identities, fake profiles, or misleading information,
• Fictitious projects or decoy offers,
• Discriminatory, inciting, criminal, defamatory, or otherwise unlawful content,
• Violations of data protection, copyright, trademark, competition, or personality rights,
• Mass scraping, extraction, or copying of data without consent,
• Circumvention of technical protective measures,
• Spam, phishing, malware, or manipulative interventions,
• Using the platform solely for data harvesting,
• Publication of confidential or classified information,
• Abusive application, messaging, or contact activities.

2.13 Applications, Communication, and Contract Initiation

frelani may provide functions through which freelancers can apply for projects or companies can contact freelancers.

frelani owes neither the conclusion of a contract nor the successful execution of a project. Content of applications, messages, and other communications originates from the respective user and is not attributed to frelani as its own content.

2.14 Fees and Paid Services

frelani may offer free and paid services. The type, scope, duration, prices, and billing terms result from the product and pricing information applicable at the time of booking.

Unless stated otherwise, prices are net plus applicable VAT.

frelani is entitled to adjust prices and service models for future contract periods with reasonable advance notice. Current fixed-term periods remain unaffected, unless expressly agreed otherwise.

2.15 Payment Processing

Where paid services are offered, payment processing may be handled by external payment service providers. Their terms apply additionally.

In the event of late payment, frelani is entitled to restrict or block paid features.

2.16 Reviews and Testimonials

Where review functions are provided, reviews may only be based on actual experiences and must remain factual. Untrue statements of fact, abusive criticism, threats, competitive manipulation, and the disclosure of confidential information are prohibited.

frelani is entitled to restrict, hide, or remove reviews in the event of legal violations, suspected abuse, or lack of factual basis.

2.17 Content Moderation and Platform Measures

frelani is entitled to review content and account usage and to take appropriate measures where there are indications of legal violations, breaches of these terms, security risks, abuse, or significant disruption of platform operations.

Possible measures include in particular:

• Notice or warning,
• Request for additional information,
• Temporary hiding,
• De-indexing,
• Restriction of individual features,
• Removal of content,
• Temporary suspension,
• Permanent termination or exclusion.

Where legally required, frelani informs affected users of material moderation decisions and their key reasons.

2.18 Reporting Illegal Content

frelani provides a procedure through which allegedly illegal content can be reported. Reports should be sufficiently specific and identify the affected content as precisely as possible.

frelani processes reports at its reasonable discretion, taking into account legal requirements, the circumstances of the individual case, and the rights of all parties involved.

2.19 Supplementary DSA Rules for Online Platforms

The following provisions apply additionally, insofar as and as soon as frelani is classified as an online platform under the DSA and the relevant obligations are not wholly or partially waived under a statutory exemption — in particular for micro or small enterprises.

2.19.1 Points of Contact

frelani designates an electronic point of contact for users as well as a point of contact for authorities in accordance with the applicable DSA requirements.

2.19.2 Internal Complaint Handling

Where legally required, frelani provides an internal complaints procedure for certain moderation decisions. This serves to review decisions on the restriction, removal, or other moderation of content or accounts.

2.19.3 Out-of-Court Dispute Resolution

Where legally required, affected users will be informed in the relevant cases of the possibility of using certified out-of-court dispute resolution bodies under the DSA.

2.19.4 Transparency and Reasoning

Where legally required, frelani provides reasons for certain moderation decisions and publishes or transmits transparency information to the extent prescribed by law.

2.19.5 Abuse Protection

frelani may take measures against repeatedly manifestly illegal content, abusive reports, or other systematic abuse, insofar as this is legally permissible and factually justified.

2.20 Indemnification

The user indemnifies frelani against all third-party claims arising from unlawful or contractually non-compliant use of the platform or from content posted by the user, insofar as the user is responsible for the infringement. This also includes reasonable costs of legal defence.

2.21 Availability

frelani strives for high availability of the platform. However, continuous, uninterrupted, error-free, or completely secure availability is not guaranteed.

Maintenance, security updates, technical disruptions, attacks, force majeure, or circumstances beyond frelani's control may lead to restrictions.

2.22 Liability

frelani is liable without limitation:

• for wilful misconduct and gross negligence,
• for injury to life, body, or health,
• under the Product Liability Act,
• insofar as an express guarantee has been assumed.

In cases of simple negligence, frelani is liable only for breach of material contractual obligations (cardinal obligations) and limited in amount to the foreseeable, contract-typical damage.

All other liability is excluded.

frelani is in particular not liable for:

• the accuracy, completeness, or legality of user-generated content,
• the conclusion, performance, or failure of contracts between users,
• commercial expectations or placement success,
• actions of third parties,
• automated suggestions, matching, or pre-filling results, provided the user had the opportunity to review and correct them.

2.23 Term and Termination

Users may terminate their account at any time using the available features, provided there are no current minimum term commitments.

frelani may terminate the user relationship ordinarily with reasonable notice. The right to extraordinary termination for good cause remains unaffected.

Good cause exists in particular in the event of:

• false or misleading registration information,
• serious or repeated breaches of these terms,
• abuse of the platform,
• late payment despite reminder,
• unlawful content,
• significant endangerment of other users or the platform.

2.24 Data Protection

Information on the processing of personal data can be found in the Privacy Policy.

2.25 Amendments to These Terms of Use

frelani is entitled to amend these Terms of Use with effect for the future, provided there is a legitimate reason, in particular in the case of new features, changed legal requirements, security reasons, or changes to the business model.

Registered users will be informed of material changes in a timely manner.

2.26 Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the user is a merchant, legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use shall be the registered office of frelani.