Terms & Conditions

Richard-Ermisch-Str. 7, 10247 Berlin, Germany · VAT ID: DE333428822 · HRB 219211 B, AG Charlottenburg

These Terms and Conditions (the "Terms") apply to the use of the Synmatch.ai platform (the "Platform"), a service operated by WorkMotion Software GmbH (hereinafter referred to as "Synmatch", "we," or "us"). The Platform is accessible to two distinct user groups: (1) Companies accessing the Platform to view and evaluate Candidates for potential employment (hereinafter "Clients"); and (2) Individuals applying for jobs, submitting data, and participating in AI-based evaluations for inclusion in the Synmatch Marketplace (hereinafter "Candidates"). You and Synmatch may be individually referred to as a "Party" and collectively as the "Parties".

Scope of Services

1.1 Synmatch provides Clients with access to structured, AI-supported candidate profiles. Profiles may include CVs, interview transcripts, voice and speech pattern analysis, and AI-generated scores. Clients may employ Candidates presented through Synmatch exclusively via WorkMotion's EOR or WorkDirect service, unless otherwise agreed in writing.

1.2 By registering on Synmatch.ai, Candidates may submit their profile data, complete AI-based interviews, and be considered for inclusion in the Synmatch Marketplace. This profile may be shared with potential employers who are Clients of Synmatch.

Candidate Terms

2.1 Candidates must be 18 years or older and legally allowed to work in relevant jurisdictions.

2.2 Candidates confirm that all data submitted is complete and truthful. Any fraudulent data may result in removal.

2.3 You will be asked for your consent when submitting data and taking part in the interview process.

2.4 Inclusion in the Marketplace does not guarantee interviews, employment, or Client contact.

2.5 Candidates who do not meet a minimum scoring threshold during AI evaluation may be excluded from the Synmatch Marketplace. Synmatch reserves the right to review and adjust inclusion policies at its discretion.

Client Terms

3.1 Clients agree to use Synmatch solely for legitimate hiring purposes and may not use platform data for commercial resale or extraction.

3.2 Non-Circumvention and Synmatch Engagement Requirement

3.2.1 Clients accessing candidate profiles through Synmatch.ai agree that any Candidate identified, introduced, or evaluated through the platform shall only be engaged through WorkMotion's Employer of Record (EOR) services, unless otherwise expressly authorized in writing.

3.2.2 Clients shall not solicit, hire, or contract directly with any candidate introduced via Synmatch.ai, nor shall they attempt to circumvent the platform or the Synmatch service model for the purpose of avoiding service fees or contractual obligations.

3.2.3 This obligation applies for a period of 12 months from the date a candidate's profile was first shared or matched through the Synmatch.ai platform.

3.2.4 Breach of this clause may result in: (i) immediate termination of access to the platform; (ii) payment of a penalty fee of up to EUR 15,000 (fifteen thousand euros) per Candidate — the Parties agree that this fee reflects a reasonable estimate of anticipated damages, though a competent court may assess the appropriateness of the amount on a case-by-case basis; and (iii) additional remedies under applicable law.

Fees

4.1 Fees for using the Synmatch platform or hiring Candidates are outlined in individual agreements between Synmatch and each Client.

Payment

5.1 Invoices are due and payable within the period stated on the respective invoice unless otherwise expressly agreed.

5.2 Method of payment: The Client agrees to make any payment to Synmatch (i) by wire transfer to the bank account specified in Synmatch's respective invoice, clearly attributable to the Client using the correct reference number or other identifier; or (ii) any other form made available by Synmatch at its sole discretion. Payments shall be made in the same currency as stated on Synmatch's invoice (currently EUR/USD/GBP/CHF). The Client shall solely bear any bank transaction costs, costs of international money transfer, incidental bank charges, and forex (FX) risks. Any disputes regarding invoices shall be resolved as soon as possible and may be corrected by means of a credit note or otherwise.

Confidentiality

6.1 Both Parties agree to keep confidential all non-public information received from the other Party in connection with the use of the Platform and not to disclose such information to third parties without prior written consent.

6.2 In the event of a culpable breach of the Client's obligations under this Section, the Client shall pay to Synmatch a contractual penalty in the amount of EUR 10,000.00 (ten thousand euros) per breach.

Limitation of Liability

7.1 Synmatch shall be unrestrictedly liable for any damage caused by intent or gross negligence. In the event of a slightly negligent breach of a major obligation (Hauptpflicht) or an accessory obligation (Nebenpflicht) whose breach puts the achievement of the contractual purpose at risk, or whose fulfilment is essential to the due and proper implementation of these Terms and on whose fulfilment the Client could reasonably rely ("Essential Obligation" — Kardinalpflicht), the liability of Synmatch is limited to damage foreseeable at the time of conclusion of these Terms and characteristic for such agreement. Synmatch is not liable for negligent breaches of accessory obligations that are not Essential Obligations.

7.2 The above exclusions and limitations of liability shall not apply to the extent Synmatch has provided a guarantee under these Terms, to claims based on personal injuries (life, body, or health), or to the extent strict liability is mandatory under applicable statutory law. To the extent the liability of Synmatch is excluded or limited, this shall also apply to the personal liability of Synmatch's employees, staff, members, representatives, and vicarious agents.

Disclaimer

8.1 Use of the Platform and its outputs is at the sole risk of the Client and the Candidate.

Force Majeure

9.1 Neither Party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control, including acts of God, pandemics, war, civil disturbance, or government action.

Data Protection

10.1 Each Party shall comply with all applicable data protection and privacy laws governing the protection of personal data, including the EU General Data Protection Regulation (GDPR) to the extent applicable, in relation to their respective obligations under these Terms. The Parties shall enter into a separate data protection agreement regarding compliance with applicable data protection laws, including GDPR.

Term and Termination

11.1 These Terms come into effect upon acceptance by the Client and shall remain in force for an indefinite period of time.

11.2 Either Party may terminate these Terms by sending to the other Party three (3) months' notice effective as of the last day of the then-current calendar month. The statutory right to extraordinary termination for cause with immediate effect remains unaffected. Clients must cease use of Candidate data after termination. Candidates may request profile removal at any time.

Indemnification

12.1 The Client agrees to indemnify and hold Synmatch and its parents, subsidiaries, partners, and affiliates and their respective officers, agents, directors, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party arising out of the Client's breach of these Terms, their use of the Platform, or their violation of any applicable law or the rights of a third party.

Amendments

13.1 Synmatch shall notify the Client via e-mail and/or the Platform regarding any amendments to these Terms, which become effective only upon consent by the Client. To the extent such consent has not already been obtained, the Client shall be deemed to have given its consent if the Client does not contest the amendments by e-mail within one month after receiving the notification.

Governing Law and Jurisdiction

14.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be Berlin, Germany, to the extent permitted by applicable law.

Questions about these Terms?

If you have any questions regarding these Terms and Conditions, please contact us at info@synmatch.ai or write to WorkMotion Software GmbH, Richard-Ermisch-Str. 7, 10247 Berlin, Germany.