Techloop product terms for clients

Techloop product terms for Clients

1. INTRODUCTORY PROVISIONS

1.1 LMC (as defined below) issues the following Product Terms for Clients governing other terms of use of the LMC Electronic System – Techloop by Clients and the provision of related Services to Clients (“Product Terms”). Techloop offers the possibility to connect candidates with hiring companies via an online platform. The entire selection of candidates, any mutual communication, negotiations on conditions of a future agreement etc. is performed between you and the candidates, unless otherwise agreed. It is up to you how successful you will be in occupying the vacancy thanks to Techloop and its functionalities. We shall certainly take care that Techloop works effectively, is attractive and good for you to work with it. We will be glad to assist you with using it.

1.2 LMC Electronic System – Techloop and related Services are provided by LMC s.r.o., a limited liability company with its registered office at Menclova 2538/2, Libeň, 180 00 Prague 8, the Czech Republic, ID No. 26441381, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 82484 (“LMC”).

1.3 The contractual matters between LMC and the Client including definitions of capitalized terms not expressly stipulated or defined in these Product Terms are governed by the provisions of the applicable laws and regulations and the LMC General Terms and Conditions for Businesses ("GTC") available at https://www.lmc.eu/cs/vseobecne-obchodni-podminky.

1.4 In the event of any discrepancy between these Product Terms and the GTC, the present Product Terms shall prevail. 

1.5 An informative English translation of the GTC is available at https://www.lmc.eu/en/general-terms-conditions. In case of discrepancies between the English version and the language version according to Article 1.3 of these Product Terms, the language version according to Article 1.3 of these Product Terms shall prevail.

2. DEFINITIONS OF THE TERMS USED 

2.1 The terms used in these Product Terms have the following meaning: 

(a) Agreement: An Agreement as defined in the GTC. The Registration does not constitute an Agreement;

(b) LMC: LMC CZ s.r.o., a limited liability company with its registered office at Menclova 2538/2, Libeň, 180 00 Prague 8, the Czech Republic, ID No. 26441381, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 82484;

(c) Basic Access: selected Services provided upon the Registration and detailed out in Article 5.2 of the Product Terms;

(d) Cancellation: termination of the auto-renewal as agreed in Article 7.6 of these Product Terms;

(e) Candidate: an individual interested in obtaining employment or other activities performed in similar legal arrangement through Techloop upon electronic registration under applicable terms of use;

(f) Company: a business operating individual or a legal entity who becomes a user of Techloop on the basis of the Registration;

(g) Company Profile: a public part of Techloop administered by the Company from the non-public part, with the objective of representing the Company vis-à-vis the Candidates through placement of suitable Content;

(h) Content: information and various materials (photos, videos, presentations etc.) which are uploaded as data entries to Techloop and generally accessible on the Company Profile, visible in User Account or in communication between the Candidates and the Company;

(i) Techloop Sourcing Service: additional Service involving further support and activities of members of staff of Techloop as detailed out in Article 9 of the Product Terms;

(j) Excluded User: independent human resources consultant, headhunter, recruitment agency or another subject the business activity of which is offering or mediating of work or another form of cooperation and/or direct recruitment of employees and/or employment of individuals for the purpose of further assignment of employees or external co-workers;

(k) Fee: overall designation of any fee for the Services, i.e. in particular flat charges and other remunerations which the User is obliged to pay to LMC and which are indicated in the Pricelist or upon special mutual agreement of both Parties;

(l) Limitations: number of active Company´s Users in any given time, number of conversation made by Company in purpose of contacting Candidates via Techloop for the actual length of Subscription plan and number of published Job Offers in any given time. The Limitations for the Company during its Subscription is determined by selected Subscription plan. The Limitations of each Subscription plan is reflected in the Pricelist on the Website;

(m) Login Data: a unique login and an allocated password created during Registration or changed later, as the case may be;

(n) Offer: offer of the Company for a particular job vacancy or for another form of cooperation;

(o) Placement: a moment when the Company and the Candidate have agreed on future cooperation, regardless of its form or specific conditions;

(p) Pricelist: the Pricelist (https://techloop.io/full-pricing/) for Services maintained and administered by LMC with the up to date version always being published on the Website;

(q) Product Terms: terms and conditions governing the use of Techloop;

(r) Prohibited Content: has the meaning defined in Article 12.3 of the Terms;

(s) Recruitment Agency: independent human resources consultants, headhunters, recruitment agencies, employment agencies or other entities the business activity of whom consists in offering mediation of work, direct recruitment of employees and/or employment of individuals for the purpose of further allocation of employees or other similar activities;

(t) Registration: electronic registration of the Company into Techloop as further described in Article 4 of the Terms;

(u) Registered Company: any Company that has a Registration and is not a Subscribed Company;

(v) Services: services provided by LMC to the Company under the Agreement and these Product Terms which means e.g. access to additional functionalities of Techloop and support;

(w) Subscribed Company: any Company with an active Subscription, i.e. any Company that has a valid Agreement currently concluded;

(x) Subscription: Services rendered to Companies based on an Agreement and according to terms set out in Article 7 of the Terms;

(y) Subscription Plans: specific Subscription alternatives as offered by LMC in Techloop;

(z) Subscription Period: the period of validity of the Subscription according to the selected Subscription Plan;

(aa) Techloop: a Services provided to Companies as software as a service available on the Website consisting of a public and a non-public part which is accessible after entering the Login Data as it is further described in these Product Terms, related documentation and on the Website;

(bb) Third Party Service: service other than Service which is part of Techloop (e.g., payment card data processing) which is not provided directly by LMC;

(cc) User: the Company and/or the Candidate;

(dd) User Account: non-public part of Techloop accessible to the User by entering the Login Data as further described in Article 5 of these Product Terms;

(ee) Website: website www.techloop.io and any underlying or connected websites.

2.2 Other terms used in these Product Terms but not defined herein have the meaning defined in the GTC. 

3. TECHLOOP DESCRIPTION

3.1 Techloop enables search of Candidates, subsequent mutual communication and other interaction between the Company and the Candidate. Such use of Techloop by the Company may result in a particular Offer, regardless of its form. LMC, however, never enters the relations between the Company and the Candidate, LMC´s activity does not even help to conclude any kind of agreement between the Company and the Candidate.

3.2 These Terms stipulate the rights and obligations of the Company and Techloop in connection with using the Services. Under these Terms the Company undertakes to act towards LMC honestly, in good faith, conceal nothing from LMC, refrain from acting against its interest or circumventing such interests.

3.3 The Parties deal with each other within the performance of their business activities.

3.4 The Services may be used to the extent to which they are available on Techloop. The specific extent and content of the Services agreed between the Parties beyond the framework of the Basic Access is always determined by an accepted offer contained especially on the Website. Upon acceptance of the offer the Agreement between the Parties is established, the subject of which are the relevant Services provided against payment.

4. REGISTRATION

4.1 Techloop may not be used without a Registration. Any legally competent individual or duly established and existing legal entity may register, except for Excluded Users.

4.2 By confirming the Registration application, the Company declares that:

(a) t is neither subject to insolvency proceeding nor is it in danger of such proceeding, has not gone into liquidation nor are there any other circumstances with the Company which might put in danger performance of the obligations under these Terms, damage LMC or any User;

(b) it is fully competent to make the Registration and fulfil all obligations arising therefrom and from the Agreement;

(c) it has all authorizations in compliance with the law of its home state needed to perform the activities in relation to which it intends to publish the Offers.

4.3 The Registration into Techloop is made electronically by filling in the data required in the registration form on the Website or through the Third Party Service, in particular through the social networks, if enabled.

4.4 A successfully finished Registration enables the Company the Basic Access to Services.

4.5 The Registration may be simply cancelled free of charge on the Website or via other contact data published on the Website.

4.6 Cancelling the Registration shall have no effect on unsettled rights and obligations between the Parties. The Registration may not be cancelled before the termination date of the last (still effective) Agreement.

4.7 Techloop is intended solely for end users. Recruitment Agencies shall not use Techloop Services, unless expressly allowed by LMC in certain cases.

5. ACCESS AND USE OF TECHLOOP, USER ACCOUNT

5.1 The Company accesses Techloop through the User Account.

5.2 The Registration without a valid Subscription authorizes the Company to the Basic Access only, which involves in particular:

(a) login and access to the User Account;

(b) administration of the Company Profile without its publication;

(d) other functions enabled by the current version of Techloop, as the case may be especially with the full or limited trial.

5.3 The User Account represents the non-public part of Techloop. If necessary for security purposes, LMC will invalidate the particular Login Data and provide the Company with new Login Data on the basis of the notification pursuant or if requested by the Company.

5.4 Due to an urgent technical or security reason LMC is entitled to change the Login Data even without the consent of the Company and without prior warning. LMC shall announce to the Company the new Login Data in an appropriate form without undue delay.

5.5 The User Account includes in particular Techloop user settings, data and definitions of access rights of individual persons on behalf of the Company and settings of the Company Profile.

5.6 The Company is obliged to comply with all valid and effective legal regulation of the home state of LMC and the Company and the EU or other legal and other standards, if obligatory for the Company, as the case may be.

6. COMPANY PROFILE AND ITS CONTENT

6.1 Each Company creates and administers its own Company Profile through its User Account.

6.2 The purpose of the Company Profile is the Company´s own representation vis-a-vis the Candidates. For this purpose, the Company publishes on its Company Profile the Content.

6.3 The Company acknowledges that the Company Profile is not publicly displayed on the Website until the moment of activation of the Subscription. Upon termination of the Subscription for any reason the Company Profile shall be hidden.

7. SUBSCRIPTION

7.1 The Subscription allows the Company to use primarily the following Services:

(a) full access to Candidate profiles;

(b) database search functionalities based on selected parameters;

(d) contact Candidates with a preliminary Offer limited to number of conversations based on selected Subscription plan;

(e) publishing of Company profiles to Candidates;

(f) or other functions enabled by the current version of Techloop, as the case may be.

7.2 On the basis of using selected Services in Subscription, a basic interaction between the Company and the Candidate can be initiated whether by Candidate’s reaction to the Offer or another way.

7.3 The Subscription is established upon conclusion of an Agreement between the Parties, only a Registered Company may enter into such Agreement (one Company can have only one active Subscription at a time). The Agreement is concluded by choosing from one of the Subscription Plans, especially via a dedicated function in Techloop. The Agreement shall not be concluded in case the Company fails to enter all obligatorily requested data/information. The Agreement on Subscription is an agreement on providing services, consisting primarily in publishing Offers through Techloop as an electronic medium, without a direct intermediary activity being performed by LMC.

7.4 The Subscription is activated by completion of the checkout on Website or by issuing respective invoice. Its current amount is always specified in the valid Pricelist and on the Website unless otherwise agreed between the Parties.

7.5 The Agreement on Subscription is always concluded for a fixed period based on the selected Subscription Plan, the end of which is determined by the Subscription Period, unless agreed otherwise.

7.6 The Subscription Plan shall be automatically extended at the end of the Subscription Period for a fixed period corresponding to the Subscription Period (auto-renewal). The extension shall, however, never exceed the period of 12 months. This extension may be repeated without limitation. The Subscription shall not be automatically extended in case the Company notifies LMC by using relevant functionality on the Website no later than the last day of the current Subscription Period. No refunds (partial or full) can be requested during the Subscription Period. If a Subscription is cancelled, it is always canceled at the end of the Subscription Period; therefore, it is not cancelled on the date of the request for cancellation of the auto-renewal by the Company via the Website.

8. PAYMENT CONDITIONS OF THE SUBSCRIPTION

8.1 Unless provided otherwise on the Website, the Fee for the Subscription is paid in advance for the entire fixed period of the relevant Subscription plan, always by the first day of the fixed period, and the following shall apply:

(a) the first payment of the Fee for the Subscription shall be made online using the payment card in the payment gateway;

(b) data on the payment card shall be automatically stored by the Third Party Payment Services provider;

(c) all next payments of the Subscription Fee shall be automatically deducted from the stored payment card no later than by the due date.

8.2 The Company is obliged to maintain sufficient balance on the account to which the payment card used for payment of the Fee for the Subscription is linked. In case of expiration of the payment card or another reason for changing the payment card data, the Company shall be obliged to update immediately the payment card data in the User Account. Failure in this respect may result in termination of the Registration.

8.3 LMC shall issue an electronic invoice for each payment made which it shall deliver to the User Account and/or by email. The Company agrees that the invoice will be issued by electronic means.

8.4 The Company acknowledges that payment services are Third Party provided Services and are governed by separate terms and conditions for such a Third Party provided Service.

8.5 LMC may enable another form of payment of the Fee for the Subscription, e.g. in the form of payments on the basis of an invoice issued in advance with an agreed due date.

9. TECHLOOP SOURCING SERVICE

9.1 LMC is a holder of a valid employment mediation permit issued by the General Directorate of the Labor Office of the Czech Republic under no. UPCR-2022/15058/13 according to Section 60 (1) and Section 14 (1) (a) and (c) of Act No. 435/2004 Coll., Employment Act, as amended ("Employment Act").

9.2 The Techloop Sourcing Service represents a package of the Services. Through the Techloop Sourcing Service, LMC provides employment mediation services (intermediary activity) to Users in accordance with the issued authorization for employment mediation according to the Employment Act and applicable laws. Therefore, LMC will help the Company to find and mediate Candidates for vacancies and helps Candidates to find and mediate job opportunities. While providing the Techloop Sourcing Service, LMC may further provide consulting or information activities in the field of employment opportunities. All activities aimed at the final filling of the vacant position are carried out in the final phase by the Users themselves, at their own responsibility and in cooperation with each other. The Company itself at its own responsibility in cooperation with the Candidate. The Agreement for the Techloop Sourcing Service may be concluded only with a Subscribed Company which provided all necessary information. LMC shall not have any influence on legal relationship between the Company and the Candidate.

9.3 The Agreement on the Techloop Sourcing Service is concluded for an indefinite period, unless LMC offers to conclude the Agreement for a fixed period.

9.4 The purpose of the Techloop Sourcing Service is primarily to enable the Company to use all functions of Techloop, optimize using the function of the choice of the Candidate´s parameters, optimize the functions for communication with the Candidates and provide further necessary customer support within the framework of using Techloop and its functions or e.g. provide information about news and innovations in the framework of Techloop.

9.5 Within the Techloop Sourcing Service a staff member(s) of Techloop shall be assigned to the Company and shall provide the Company any and all information and respond to all inquiries relating to Techloop and its functions and Services. A staff member of Techloop shall provide advice to the Company relating to the operation of Techloop and assistance during its usage; a staff member shall also provide basic support during initial operations, setting the Company Profile and the function of selection of the Candidate parameters. More detailed information relating to the Services in the Enterprise Service may be published on the Website or in specific terms and conditions.

9.6 The Company acknowledges that the Techloop Sourcing Service may include in particular negotiations between the Company and the Candidate through LMC, planning and performance of work interviews by LMC or other similar negotiations. All mutual negotiations concerning the conclusion of a contract between each other are performed solely by the Company and the Candidate. 

9.7 LMC is entitled to refuse conclusion of the Agreement on the Techloop Sourcing Service in particular in case it has an unpaid receivable due from the Company.

10. TECHLOOP SOURCING SERVICE PAYMENT CONDITIONS

10.1 By Processing of Information, the Techloop Sourcing Service is deemed rendered and LMC´s entitlement to payment of the Fee for the Techloop Sourcing Service is established. Processing of Information means:

(a) Manual or automated processing of the information confirming a Placement, which information was provided by the Company, Candidate or any third person or found out by LMC on its own; or 

(b) Manual or automated processing of the information that the Company closed (deleted or otherwise invalidated) the Offer published in Techloop unless it is proven that the offer was closed for another reason than due to the Placement.

10.2 The amount of the Fee for the Techloop Sourcing Service is provided in the current Pricelist and the Fee is binding by the day of Processing of information pursuant to Article 10.1. Unless agreed otherwise, the Fee indicated in the Pricelist is paid for one event of Processing of Information. Without prejudice to any later claims, the claim to the Fee for the Techloop Sourcing Service arises in all cases where the Placement or processing of information pursuant to Article 10.1 occurs within 12 months of the first hand-over of information about the Candidate to the Company.

10.3 LMC shall issue to the Company an invoice for the provided Techloop Sourcing Service immediately after the Processing of Information took place, unless agreed otherwise.

10.4 Should there occur an operative event within 3 months from the Placement in the Techloop Sourcing Service, the Company may require Techloop Sourcing Service for same or similar Job Offer without any additional Fee or discount on this Fee. Should the operative event occur within 1 month from the Placement the discount on the Fee is 80%. Should the operative event occur within 2 months from the Placement the discount on the Fee is 50%. Should the operative event occur within 3 months from the Placement the discount on the Fee is 20%. The operative event means the situation, where:

(a) A final cooperation agreement between the Company and the Candidate has not been concluded and it is obvious that it shall not be concluded; or

(b) The cooperation between the Company and the Candidate was terminated after its commencement due to reasons other than infringement of any obligations (including these Terms) by the Company.

10.5 The Company is obliged to announce to LMC the operative event no later than within 1 week from the day of its occurrence, otherwise the right to require a discount shall expire. The Company is obliged to give evidence of the occurrence of the operative event in a credible manner.

10.6 In the extent of a justifiably required discount pursuant to Article 10.4. LMC shall issue a credit note for the Company. For establishment of the entitlement to the credit note discount the Company shall be obliged to accept it explicitly in written. LMC undertakes to return the Company the paid Fee in the amount of the accepted credit note no later than 30 days from the date of such acceptance.

11. GENERAL PAYMENT CONDITIONS

11.1 The Fees are charged in Czech Crowns (CZK) for companies with their domicile in the Czech Republic. Other Companies are charged with the Fees in euro (EUR). If the Fees are indicated only in EUR, they shall be converted for the invoicing purposes (payments) to CZK by the exchange rate stated in the Pricelist.

11.2 Unless the method for payment of the Fee is explicitly defined in these Product Terms, the Company shall make use of such payment methods that are currently enabled by Techloop – the Company is always informed about them on the Website.

11.3 In case of a Company with a domicile outside the EU the VAT shall be charged in the regime of the reverse charge, i.e. all Fees shall be charged without VAT, the Company being obliged to calculate, declare and pay VAT in the state of its domicile. The information of the reverse charge application shall be provided in the relevant statement (tax document).   

11.4 LMC is entitled to offset anytime any receivables against the Company regardless of their currency and legal relationship from which they arise, against any receivables of the Company against LMC.

12. PROHIBITED CONTENT AND PROTECTIVE MEASURES

12.1 The Company shall be liable for all Content uploaded and published by the Company on Techloop. Sharing of the Content (including specific verbal communications) in the form of communicating with the Candidates is also considered publication. 

12.2 All Content published by the Company must be true and up-to-date, must not be in conflict with business practice or legal regulations and these Terms. A breach of this obligation may give rise to the Company’s liability for damage or damage according to the relevant legal regulations or these Terms.

12.3 The Company must not publish through Techloop in particular the following Content:

(a) hateful, violent, vulgar or discrimination communications and conditions in the Offers concerning race, ethnic origin, nationality or citizenship, sex, sexual orientation, age, health disability, religion or pregnancy, maternity or paternity and sexual identification;

(b) obscene or of sexually explicit character and offers of sexual services; the Company shall take into account that the Candidate need not be of legal age pursuant to the laws of his/her home country;    

(d) offering work or activities prohibited by law and/or offer of such work or activity performance of which could lead to committing a crime;  

(e) advertising or any other form of promotion of services or products of third parties or the Company or activities that do not relate to the Job Offer and/or any other prohibited advertising (including promotion of alcoholic and tobacco products, prescription medications and drugs, financial products and consultancy or gambling);  

(f) including any form of corruption conduct or any other unfair competitive conduct;

(g) infringing third party rights, in particular intellectual property rights;

(h) content that could cause any damage to or non-functionality of Techloop or HW of LMC or any other Users;

(“Prohibited Content”). In case of any doubts, it shall be deemed that the Content is Prohibited Content.

12.4 The Company shall be obliged to inform LMC of the Prohibited Content published by another User as soon as the Company learns of such Prohibited Content and to delete or make unavailable such Prohibted Content.

13. CHANGES, UPDATING AND AVAILABILITY OF TECHLOOP

13.1 The Company acknowledges that LMC may amend, improve and further develop Techloop. LMC shall exert reasonable efforts in order to avoid significant worsening of the position of the Company with which it has concluded any effective Agreement.

13.2 LMC may change the technical solution of Techloop for operational or other reasons.

13.3 LMC may change the Techloop Website Internet address at any time. If possible, the Company shall be informed of such a change well in advance. A change of the Web Internet address with simultaneous redirection to a new address may be performed at any time without previous notification.

13.4 LMC may perform Techloop outage in the necessary extent after prior notification, in particular due to Techloop maintenance, updating or upgrade or in the event of disturbance by unauthorized person, in particular in the event of an attack to Techloop or LMC’s integrity. If possible, LMC shall inform the Company in an appropriate manner of the dates and times of the planned outage at least 24 hours in advance.

14. INTELLECTUAL PROPERTY AND PROTECTION THEREOF

14.1 All rights to Techloop including all copyrighted materials, information, graphics, photographs, pictures, texts, buttons, business names, trademarks, logos and any other elements on the Website belong to LMC.

14.2 A Company with Registration shall obtain a free non-exclusive, worldwide right to use the databases contained in Techloop and made available to the Company. Such databases may be accessed via the Internet for the purposes for which Techloop is used, which is determined in particular by its functionalities, and shall terminate upon cancellation of the Registration or termination of the Agreement. This right does not include the right to utilize the entire content of the databases contained in Techloop or any qualitatively or quantitatively significant parts of such databases, or the right to repeatedly and systematically exploit any insignificant parts of the content of the databases contained in Techloop exceeding the extent necessary to use Techloop properly, in a non-automated way, regardless whether done via the User Account or otherwise. The Company is prohibited from connecting the databases or the contents thereof with any other databases, making them available to any third parties or using them in any other manner that is not usual. The Company shall not be entitled to use any software tools (robots) when using Techloop. 

14.3 An Excluded User shall not acquire any rights to use Techloop or databases contained therein described in this Article and if the Company becomes an Excluded User, such rights will terminate immediately. Any use of Techloop without a valid right to use is a material breach of these Product Terms and applicable laws. In such an event, the Company shall pay a contractual penalty to LMC in the amount of the Fee for Subscription for a period of 12 calendar months and shall be obliged to release twice the unjustified enrichment that the Company obtained by using Techloop; other claims arising for LMC from applicable laws or from these Product Terms as not affected. The contractual penalty and the unjustified enrichment shall be payable based on LMC’s request within the deadline stated in such a request; the payment of the contractual penalty shall be without prejudice to LMC’s right to full compensation for damage.

14.4 Unless the Parties agree otherwise, the Company shall not be entitled to allow any third parties to use Techloop. The Company is liable for any use of Techloop by any person acting under its Login Data.  

14.5 No right to exercise property-related and/or author‘s personality-related rights to Techloop shall be assigned, provided or otherwise granted to the Company.

14.6 Company gives the irrevocable consent with publishing open Job Offers of Candidates at third party partners’ platforms such as but not limited to job boards or job aggregators. LMC publishes open Job Offers outside of the platform on its Website (LMC job board).

15. PERSONAL DATA PROCESSING

15.1 LMC shall process personal data in compliance with all applicable legal regulations in the area of personal data protection, in particular with the General Data Protection Regulation (EU) 2016/679.

15.2 LMC declares that it has taken appropriate technical and organizational measures for personal data processing to avoid unauthorized or accidental access to personal data or a change, destruction or loss, unauthorized transmission, leak, any other unauthorized processing or any other misuse of personal data. LMC undertakes to keep all data and media containing data at protected places and secured so that the possibility of access by an unauthorized person or any other unauthorized interference is minimized.

15.3 Further details, particularly:

(a) what personal data is processed by LMC;

(b) how LMC disposes with personal data;

are available in a separate document, the Privacy Policy.

15.4 In the case of Services consisting of publication of job advertisements allowing a response of the Candidates LMC may act as a processor of personal data. For this purpose, the Data Processing Agreement available at the website https://www.lmc.eu/en/general-terms-conditions/personal-data-protection forming a complete data processing agreement under Article 28 of the General Data Protection Regulation shall apply.

16. LIABILITY FOR DAMAGE

16.1 LMC shall not be liable for the conduct of individual other Users or for their method of using Techloop, in particular such methods that are in conflict with legal regulations or these Terms, or for any damage and detriment thus incurred.

16.2 The Company shall indemnify LMC, its affiliated persons, statutory body members, employees, partners and representatives for any losses, obligations to provide compensation for damage, penalties, costs and expenses, including reasonably incurred costs of legal protection, for any amounts agreed within the framework of settlement or an obligation recognized by a court or any other public authority to provide compensation for damage as a result of a third party’s claim in connection with breaching the Company’s obligations concerning the Content or other Company’s obligations under these Product Terms or applicable laws.

17. TERM AND TERMINATION OF THE AGREEMENT

17.1 LMC shall be entitled to cancel the Registration the event of a material or a repeated breach of the Company’s obligations arising from legal regulations, the GTC, these Product Terms or any other covenants between the Parties.

17.2 Any Party may terminate any Agreement concluded for an indefinite period of time for any reason whatsoever or without giving a reason. The notice period shall be two months and shall commence at the moment of delivery of the termination notice to the other Party. 

17.3 Termination of any Agreement shall be without prejudice to the duration of the Registration.

17.4 Termination of any Agreement shall be without prejudice to the Company’s obligation to pay the remuneration for the Services arising of such Agreement provided during the effectiveness of such Agreement.

18. FINAL PROVISIONS

18.1 LMC shall not provide through Techloop any employment arrangement services (intermediary activity) except for the Techloop Sourcing Service. LMC shall not seek candidates for the Company for job vacancies and shall not provide any consultancy or information activities in the field of employment opportunities, unless the Techloop Sourcing Service is agreed. All activities aimed at filling a vacancy shall be performed by the Company itself at its own liability in interaction with the Candidate(s).

18.2 The Company shall be obliged to keep up-to-date its data stated in the User Account and in the Company Profile, including invoicing data.

18.3 LMC shall be entitled to perform, for serious reasons, any changes, adjustments or corrections of the data stated in the User Account or the Company Profile, including the Content contained therein, to restrict access to such data or entirely remove the same. An important reason shall be in particular breach of these Terms or legal regulations by the Company (especially publication of the Prohibited Content), correction of evident inaccuracies or errors in writing, information updating, ensuring security or protection of rights and rightful interests of LMC or any other Users. If there is no risk arising from default, LMC may at first call on the Company that it remedies the default itself within a reasonable period and thereafter to proceed after expiration of such period itself or if it is apparent that the Company will not remedy the default itself (for example if the Company expressly rejects such remedy). 

18.4 LMC shall also be entitled for serious reasons to temporarily restrict the Company’s access to certain Techloop functions or to the entire Techloop in events other than those mentioned above. In the event of repeated or serious breach of these Terms, in particular in the event of publication of the Prohibited Content or in the event of default in payment of any Fee or any portion thereof or breach of legal regulations, LMC may restrict the Services provided for consideration or even cancel the Company Profile without prejudice to the Company’s obligation to pay the Fee agreed.

18.5 All acts performed in Techloop after entering the Company’s Login Data shall be attributable to and shall commit the Company. The Company declares that all acts in Techloop shall only be performed by the persons who are authorized to commit the Company in the relevant extent by their own acts.

18.6 LMC shall be entitled to assign any Agreement covering provision of any Services (including the whole Registration) or even only certain rights and obligations arising from such Agreement to any third parties, even without the Company’s consent. In the event of transfer of the rights to Techloop to a third party, all Service Agreements shall also be assigned from LMC to such third party, unless the Parties agree otherwise. 

18.7 These Product Terms are valid and effective as of 1. 1. 2023.

LMC