Terms of Use

§ 1 Scope, provider, definitions

(1) These Terms of Use apply to the use of the enoono platform (“Platform”). The provider is HR Software Solutions GmbH, Adenauerplatz 1, 33602 Bielefeld, Germany, registered in the commercial register of the Amtsgericht Bielefeld under HRB 43485 (“we”).

(2) “Candidates” are natural persons looking for work through the Platform. “Employers” are businesses within the meaning of § 14 of the German Civil Code (BGB) looking for staff through the Platform. “Users” are candidates and employers. “Content” means all information, texts, files and reviews that users post on the Platform. A “share” is a candidate's decision to make specific documents available to a specific employer as part of an application.

(3) Employers' general terms and conditions do not apply.

§ 2 Services

(1) enoono is a platform for bringing candidates and employers into contact, mainly for seasonal work in hotels, restaurants and tourism in Europe. Employers can publish job posts, receive applications and search published candidate profiles in anonymised form. Candidates can create a profile, upload documents, apply for jobs and respond to contact requests from employers.

(2) We are not a party to employment or other contracts that users initiate or conclude through the Platform, and we are neither the employer, a temporary work agency nor a representative of any user. We do not owe any placement success, in particular not the conclusion of a contract.

(3) We only check users' information to the extent described here: employers can have themselves verified with company details (legal name, commercial register or VAT number) and evidence; we may check candidates' documents and employment history. A verification only means that the evidence submitted was consistent when we checked it. It does not guarantee that all of a user's information is correct and says nothing about their solvency or reliability.

(4) We do not charge candidates any fee, including for placement.

§ 3 Registration and account

(1) Anyone can view public job posts and these pages without an account; everything else requires an account. The contract of use is concluded when you register and confirm your e-mail address.

(2) Candidates must be at least 16 years old. Candidates under 18 may only use the Platform with the consent of their parents or legal guardians. An employer account may only be created by a person aged 18 or over who acts for the business in a commercial or professional capacity and is authorised to represent it. You confirm your age when you register; we do not check it against identity documents.

(3) Each person may hold only one account. When registering, you choose whether you create a candidate or an employer account. Accounts are not transferable.

(4) The information you give when registering and in your profile must be true, complete and up to date.

(5) Keep your login details secret. If you suspect that someone knows them, change your password immediately and let us know at kontakt@enoono.com.

(6) Accounts our staff use to administer the Platform are separate from user accounts and cannot use the Platform as a candidate or employer.

§ 4 Candidates' obligations

(1) Your profile information, for example on positions, language skills, availability, employment history and work authorisation, must be true.

(2) Only upload documents that are needed for applications, for example your CV, employment references, certificates or proof of work authorisation. Do not upload documents containing health data or other special categories of personal data (Art. 9 GDPR, e.g. religion, ethnic origin, trade union membership), information about criminal offences or copies of identity documents – unless an employer expressly and lawfully requires this for the specific job. Black out information that is not needed.

(3) Only post content to which you hold the necessary rights, and no personal data of third parties without their consent or another legal basis.

(4) You grant us the simple, free-of-charge right to store your content for the term of the contract of use, to process it technically and to show it to employers to the extent you decide by publishing, applying and sharing. § 6(6) applies to reviews.

§ 5 Employers' obligations

(1) Employers may only advertise jobs that are actually to be filled and lawful, and must in particular state the work, place, period, pay and accommodation accurately.

(2) Job posts and selection must comply with the German General Equal Treatment Act (AGG) and the anti-discrimination rules applicable at the place of work. Nobody may be disadvantaged on grounds of ethnic origin, for racist reasons, or on grounds of sex, religion or belief, disability, age or sexual identity.

(3) The employer alone is responsible for complying with employment, social security and tax law, with the protection of young workers (in Germany in particular the Youth Employment Protection Act for candidates under 18), and for checking residence and work permits. Candidates' statements about their work authorisation do not replace this check.

(4) What an employer learns about a candidate in an application or contact request – name, employment history, message and shared documents – may only be used for the respective application process and may not be passed on to third parties. The employer may only store this data outside the Platform where this is necessary and lawful for that process or for an employment relationship resulting from it; the employer is itself the controller for this under data protection law. The Platform shows shared documents for viewing only; it does not offer downloads. Access ends when the candidate withdraws the share, and at the latest 30 days after the application has ended (§ 6(2)).

(5) Information given in the verification process – legal name, commercial register or VAT number and evidence – must be true; the employer confirms its accuracy when submitting it.

(6) Contact requests to candidates are only permitted for the purpose of initiating employment.

§ 6 Applications, shares, contact requests and reviews

(1) Candidates apply with an optional message to the employer (up to 1,500 characters) and choose which documents they share with the employer. Documents named by an employer in the job post are a preference; sharing is voluntary. One application per job is possible. The employer sees the display name, the country given at registration, the message, the employment history and the shared documents. Screenshots cannot be technically prevented. During the application, candidates can share further documents or withdraw shares, and can withdraw the application as long as it has not been rejected, closed, decided with a hire or completed.

(2) While an application is ongoing, the employer's access continues. If it is rejected, withdrawn, closed or completed after a hire, the employer's access to name, employment history and documents ends after 30 days. If our moderation freezes an application, the employer's access to that application and to the candidate's employment history and documents is suspended – including access from an accepted contact request.

(3) Employers can send a contact request from the search to candidates with a published profile. Before acceptance, the employer only sees the information from the anonymised search; the candidate sees the employer's company name, country, city, type of business and verification status. If the candidate accepts, the employer gains access to their full display name and employment history. This access lasts until the employer withdraws the contact request or one of the two accounts is deleted. E-mail addresses are not passed on.

(4) After completed employment – the employer marks an application as completed after the hire – candidate and employer can each review the other once with 1 to 5 stars and a text. Reviews are only visible to the two parties to that application and – for moderation – to our staff. They appear without prior checking; we may hide or remove them following a report or on our own initiative (§ 8). Reviews cannot be edited afterwards; there is no reply function.

(5) Reviews must be based on your own experience of the employment and be factual. They must not contain untrue statements of fact, insults or personal data of third parties.

(6) Reviews remain visible to the reviewed party after the author's account has been deleted, without a link to that account (“deleted account”). For this purpose the author grants us a simple, free-of-charge right of use unlimited in time.

§ 7 Prohibited content and conduct

The following are in particular prohibited on the Platform:

• spam, mass requests and advertising for other offers
• fraud, fake job offers and demands for payment from candidates, such as advance payments or placement fees
• harassment, threats and insults
• discrimination, in particular on the grounds listed in § 1 AGG
• false or misleading information, for example about identity, business, pay or accommodation
• infringement of third-party rights, such as copyright, trade mark, personality or data protection rights
• offers that violate employment, youth employment protection or residence law, and offers connected with human trafficking, exploitation or sexual services
• technical attacks, automated extraction of data (scraping), circumventing access restrictions and introducing malware
• use for purposes other than initiating employment, in particular collecting candidate data

§ 8 Reports, moderation and appeals

(1) Anyone – including people without an account – can report content they consider illegal or in breach of these terms by e-mail to kontakt@enoono.com. A report should state where the content is (ideally with a link), why it is considered illegal, the name and e-mail address of the person reporting it, and confirm that the information is accurate and complete to the best of their knowledge (Art. 16 of Regulation (EU) 2022/2065, “Digital Services Act”). Signed-in users can also report job posts and – as parties – applications with “Report this item” on the Platform. We confirm receipt and inform the person reporting of our decision.

(2) Our staff review reports promptly, diligently, objectively and in a non-arbitrary manner. We do not use automated decision-making for this.

(3) If we find a breach, we take a proportionate measure, taking into account the severity, frequency and consequences of the breach and the legitimate interests of everyone involved. Possible measures are:

• a notice by e-mail
• hiding or removing a review
• pausing or removing a job post
• freezing an application (the process is suspended; the employer's access to that application and to the candidate's employment history and documents is also suspended, including access from an accepted contact request)
• suspending an account for a limited or unlimited period (only the support and appeal pages remain accessible)
• closing an account as termination for good cause (§ 13(4))

(4) We give the person affected a clear and specific statement of reasons for every measure (Art. 17 Digital Services Act): which measure we take, which content it concerns, which facts and which legal provision or rule of these terms we rely on, and which means of redress exist. In the case of an account suspension, the statement of reasons is shown on the restriction page after signing in; we inform you of other measures by e-mail to the address on file.

(5) You can appeal our decisions – including decisions on a report – within six months by e-mail to kontakt@enoono.com. You can also appeal an account suspension directly on the restriction page. Appeals are decided by staff, not by automated means. If an appeal is justified, we reverse the measure and restore the content or the account.

(6) If someone repeatedly submits manifestly unfounded reports or appeals, we may, after a prior warning, stop processing their reports and appeals for a reasonable period.

(7) The right to go to court remains unaffected.

§ 9 Ranking and match in search

(1) When an employer selects one of its jobs in the candidate search, the Platform calculates a match from 0 to 100 for each published profile using fixed rules: availability (up to 25 points), position and experience (20), languages (15), destination country and region (10), pay (10), qualifications (10), accommodation (5) and other requirements (5). If the periods do not overlap or a required work authorisation is missing, the profile is considered not eligible and receives no points. Results are sorted by match, and at most 100 profiles are shown; the employer can also apply filters. Without a selected job, profiles appear in the order in which they were published, newest first.

(2) For candidates, the Platform shows a selection from the 100 most recently created open jobs, sorted by the same match with their profile.

(3) The match is a sorting aid. It is not stored, cannot be bought and decides nothing; decisions on applications and contacts are made by the users.

§ 10 Prices

(1) enoono is permanently free of charge for candidates.

(2) For employers, enoono is currently free of charge during the pilot phase (“Founding Pilot”). An employer can have up to three job posts published at the same time; paused and closed posts do not count. We do not store any means of payment, and there is no trial that turns into a paid plan.

(3) If we introduce fees, we will announce this by e-mail at least 90 days in advance. Costs only arise if the employer expressly agrees to the paid offer; without agreement no fee is charged.

§ 11 Availability and further development

(1) We strive for availability with as few interruptions as possible, but do not owe it. Maintenance, security updates and disruptions for which we are not responsible may temporarily restrict use.

(2) We may change the Platform for a valid reason, for example to adapt to new technology, to a change in the law or for security reasons, provided that the core of the services under § 2 is preserved, no additional costs arise for you and we inform you of significant changes in good time.

§ 12 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where we have given a guarantee.

(2) In the event of a slightly negligent breach of an essential contractual obligation, we are only liable for the foreseeable damage typical for the contract at the time it was concluded. Essential obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely.

(3) Otherwise we are not liable for slight negligence.

(4) For content and conduct of other users – in particular information in job posts and profiles and the conclusion and performance of contracts between users – we are only liable under paragraphs 1 and 2 and under statutory provisions, for example if we do not remove or block illegal content without undue delay after becoming aware of it.

(5) These limitations also apply to our staff and vicarious agents.

§ 13 Term, termination and account deletion

(1) The contract of use runs for an indefinite period.

(2) You can end it at any time without notice by deleting your account under “Account settings” or by writing to us at kontakt@enoono.com. Deletion under “Account settings” takes effect immediately and cannot be undone.

(3) We can terminate the contract by e-mail with 30 days' notice.

(4) Both parties' right to terminate for good cause remains unaffected. Good cause for us exists in particular in the case of serious or repeated breaches of § 7, false information about identity, age or business, and fraud. In this case we terminate by closing the account and give reasons (§ 8(4)).

(5) On deletion we remove the account, profile, documents and uploaded files, verification evidence and employment history; shares end and messages in applications are cleared. Applications and contact requests remain with the employer without a name as “deleted account”. Reviews, reports, moderation cases and data protection requests are kept without a link to the account. Job posts of a deleted employer remain stored without a link to the account but are no longer publicly visible. Details are in the Privacy Policy.

§ 14 Changes to these terms

(1) We may change these terms for a valid reason, for example because of changes in legislation or case law, new features or for security reasons.

(2) We announce changes by e-mail and on the Platform at least 30 days before they take effect. From the effective date you can only continue to use the Platform once you have expressly accepted the new version on the Platform; until then you can sign out and manage or delete your account. Silence or mere continued use do not count as acceptance.

(3) If you do not accept, you can delete your account; we may then terminate the contract under § 13(3).

§ 15 Right of withdrawal for consumers

If you are a consumer (§ 13 BGB), you have the following right of withdrawal. The text follows the German statutory model.

Withdrawal notice

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (HR Software Solutions GmbH, Adenauerplatz 1, 33602 Bielefeld, Germany, phone +49 5218 9880 20, e-mail kontakt@enoono.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

End of withdrawal notice

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) – To HR Software Solutions GmbH, Adenauerplatz 1, 33602 Bielefeld, Germany, e-mail kontakt@enoono.com: I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*): use of the enoono platform – Ordered on (*)/received on (*) – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is notified on paper) – Date. (*) Delete as appropriate.

§ 16 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law only applies insofar as it does not deprive you of the protection of mandatory provisions of the country in which you have your habitual residence.

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Bielefeld.

(3) The German version of these terms is binding. Translations are for information only.

(4) We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

(5) If any provision is invalid, the rest of the contract remains valid (§ 306 BGB).

§ 17 Additional terms for shift planning

(1) Employers can plan shifts, manage a team and invite people on the platform (shift planning). Before first use, the owner of the employer account accepts the data processing agreement (page “Data processing agreement”); for the data of its team the employer is the controller within the meaning of the GDPR, and we process the data on its behalf.

(2) The employer ensures that it may process its team's data, informs its employees, only invites people with whom an employment relationship exists or is being initiated, and complies with working time and youth employment protection law. The platform's planning hints are legal guidance, not legal advice, and may be incomplete.

(3) If an employer that has accepted the data processing agreement sets an application to “hired”, the person becomes a staff member of its team; hirings that already exist when the agreement is accepted are taken over at that moment. Before acceptance nobody becomes a member automatically. When the hiring ends, the person leaves the team unless they are a member through an invitation or have been made a planner.

(4) An invitation can only be accepted with a candidate or staff account and only with the invited, confirmed email address; employer accounts cannot join a team. A staff account is only for shift planning: no candidate profile, no job search, no applications. It requires a minimum age of 16, and under 18 the consent of the legal guardians. § 3, § 7 and § 13 apply accordingly.

(5) The status on the platform is authoritative for shifts and assignments. Email notifications are an additional reminder; they may arrive late, be unsubscribed or not arrive at all. Shifts can be cancelled but not deleted individually. The platform currently offers no data export; the employer can request the data by email to kontakt@enoono.com.

(6) If the employer opens a wish phase, it decides on the wishes. Approving a wish is a binding assignment for which the employer has the person's consent through their wish; no further confirmation by the person is needed, and they can withdraw from the shift like any other. The employer ensures that wishes are treated fairly and bears the obligations towards a works council, for example when introducing and designing duty scheduling (§ 87(1) no. 2 BetrVG).

§ 18 Additional terms for time tracking

(1) Employers that have accepted the data processing agreement can record the actual working time of their team on the platform (time tracking). The employer is responsible for checking, approving and correcting the recorded times, for its payroll and for keeping time and payroll records for longer than 2 years where it is obliged to do so; it does this with its own exports, also before deleting the employer account, which deletes all time data immediately.

(2) Clocking in and out is only possible with a connection to the platform; the server time is authoritative, not the time of the device. Only planners and owners correct times, with a reason; every correction is recorded in the log with old and new values.

(3) Hints on breaks, working time and deviations from the plan are legal guidance, not legal advice, and do not block anything.

(4) The platform does not calculate pay or supplements and does not produce payroll formats such as DATEV; night hours are only shown as hours.

(5) Obligations towards a works council, for example when introducing time tracking (§ 87(1) no. 6 BetrVG), lie with the employer.